How to File a Complaint of Sexual Harassment
A. Informal Complaints /Conciliation
B. Formal Complaints
C. Record of Complaint and Decision
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
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, 20 U.S.C. § 1681 et seq., 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 effectively.
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.
Print copies of these procedures are available in the Office of the Dean of Students, Equal Opportunity/Affirmative Action Office and Sprague Library, Women's Center, Counseling and Psychological Services, University Police Department and the University Health Center.
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.
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 Deputy Title IX Coordinator 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. Any activity perceived by a complaint to be retaliatory in nature should be immediately reported to the Deputy Coordinator, who will in turn contact the Dean of Students Office for appropriate action.
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.
Montclair State University urges faculty and staff to report all instances of sexual harassment promptly to the Affirmative Action Officer/Title IX Coordinator of the University, Ms. Barbara Milton, College Hall 361D, (973-655-4349). 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 Title IX Deputy Coordinator.
A student who believes that she/he may have been sexually harassed may seek advice from the Dean of Students or the Women's Center. At their discretion and required, referrals will be made to the Deputy Title IX Coordinator. Upon a referral, in cases of sexual harassment (not sexual assault) the Deputy Coordinator may offer an informal conciliation process as an alternative to the formal complaint process.
2. In order to conciliate an informal complaint, the Deputy Coordinator 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 Deputy Coordinator (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 Deputy Coordinator will acknowledge receipt of the formal written complaint and provide a copy of it to the respondent and the Dean of Students and Coordinator of Student Conduct within five (5) business days. The respondent shall be given the opportunity to respond to the allegations in writing.
3. The Deputy Coordinator 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 Deputy Coordinator 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 Deputy Coordinator will submit a written investigative report to the Title IX Coordinator, who will in turn 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 through the University's conduct process and where alleged criminal actions have occurred by 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.
All 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.
A. Cases referred for judicial action will be adjudicated according to University regulations: http://www.montclair.edu/deanstudents/studentconduct/codeofconduct.htm
B. Following the conduct process both complainant and respondent have the right to appeal the conduct decision according to established guidelines:
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
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
The Dean of Students Office - Student Center, Ext. 4118
The University Health Center - Blanton Hall, Ext. 4361
Counseling and Psychological Services - Student Center, Ext. 5211
The Women's Center - Student Center - Room 420, Ext. 5114