Sexual Misconduct and Title IX Policy (involving Student Respondents) (2024) | Sexual Misconduct

Original Issue Date: August 1, 2024

Issued by: President and Direct Reports

In response to the Federal Title IX Final Rule which was issued on April 19, 2024 and effective on August 1, 2024, Monmouth University has adopted the following policy and procedures for addressing Sexual Misconduct, Title IX and Sex Discrimination matters as defined below which occur on or after August 1, 2024. Should you have an incident of misconduct that does not meet the definitions included below or which occurred prior to August 1, 2024, please refer to the appropriate university policy:

Please contact the Title IX Coordinator or the Deputy Title IX Coordinator for questions and clarifications and to help determine which policies may apply to a specific situation.

Nina Anderson, Title IX Coordinator,
Director of Diversity, Equity and Inclusion
nanderso@monmouth.edu
Monmouth University
400 Cedar Avenue
Great Hall, Room 312
West Long Branch, NJ 07764
Office Phone: 732-571-7551
Office Fax: 732-263-5155

Amy Arlequin, Deputy Title IX Coordinator and Clery Compliance Officer,
Assistant Dean of Students
aarlequi@monmouth.edu
Monmouth University
400 Cedar Avenue
Rebecca Stafford Student Center, Room 210
West Long Branch, NJ 07764
Office Phone: 732- 263-5218
Office Fax: 732-263-5100

This policy is subject to be changed without prior notice, if necessary to maintain compliance with State and Federal laws and regulations.

I. Non-Discrimination Statement:

Monmouth University supports equal opportunity in every phase of our operation including recruitment, admission, educational programs, and employment practices of recruitment, hiring, promotion, reclassification, transfer, compensation, benefits, termination, layoff and return from layoff, social and recreational programs and any other aspects of education or employment. The university does not discriminate on the basis of race, color, creed, ancestry, national origin, nationality, sex (including pregnancy and sexual harassment), affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, marital status, domestic partnership or civil union status, age, liability for military service, protected veteran status, or status as an individual with a mental or physical disability, including AIDS and HIV-related illnesses or any other protected category under applicable local, state or federal law. The university also complies with all major federal and state laws and executive orders requiring equal employment opportunity and/or affirmative action.

Monmouth University affirms the right of its faculty, staff, and students to work and learn in an environment free from discrimination and harassment, including sex discrimination, and has developed procedures to be used to resolve discrimination or harassment complaints. A copy of the university wide policy on discrimination and harassment, including sex discrimination, which describes the procedures for resolving such complaints, may be obtained from:

Director of Diversity, Equity and Inclusion
400 Cedar Avenue Great Hall, Room 312
West Long Branch, NJ 07764
Phone: 732- 571-7551, Fax: 732-263-5155
Web: www.monmouth.edu/equity-and-diversity/discrimination-and-harassment/

Additionally, inquiries may be made externally to:
Office of Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline Phone: 800-421-3481, Fax: 202-453-6012
TDD: 877-521-2172 Email: OCR@ed.gov
Web: www2.ed.gov/about/offices/list/ocr/index.html

Equal Employment Opportunity Commission (EEOC) Contact: www.eeoc.gov

II. Jurisdiction:

This policy applies to prohibited conduct that occurs under the university’s education program or activity in the United States. Conduct that occurs under the university’s education program or activity includes conduct that occurs in a building owned or controlled by a student organization that is officially recognized by the university and conduct that is subject to the university’s disciplinary authority. This policy will also address sex-based hostile environment claims that arise from conduct that occurred outside of the university’s education program or activity or outside the United States.

III. Title IX Coordinator:

Monmouth University has a designated Title IX Coordinator and a Deputy Title IX Coordinator. These employees are responsible for compliance with Title IX of the Education Amendments of 1972, which prohibits sex discrimination, including sex-based harassment, gender-based harassment and sexual violence, in education programs.

Title IX Coordinator: Nina Anderson, nanderso@monmouth.edu; Great Hall, Room 312; Office Phone: 732-571-7551

Deputy Title IX Coordinator: Amy Arlequin, aarlequi@monmouth.edu; Rebecca Stafford Student Center, Room 212; Office Phone: 732-263-5218

The names and contact information for the Title IX/Deputy Title IX Coordinator can also be found at the following pages:

https://www.monmouth.edu/hr/whos-who-in-hr/

https://www.monmouth.edu/dos

IV. Prohibited Conduct:

This policy prohibits the following specified conduct: sex-based harassment, sexual assault, dating violence, domestic violence, and stalking. Also prohibited by this policy includes, but is not limited to, rape, fondling, statutory rape, incest, sexual misconduct, nonconsensual sexual contact, sexual exploitation and retaliation.

V. Definitions:

1. Affirmative Consent: Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity (i.e. lack of consciousness, being asleep, being involuntarily restrained, or being intoxicated).

2. Coercion: to force one to act or not act based on fear of harm to self or others. Means of coercion may include, but are not limited to, pressure, threats, emotional intimidation, or the use of physical force. Consent obtained through coercion is not valid.

3. Complainant(s): Complainant means: (1) A student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part; or (2) A person other than a student or employee who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX or this part and who was participating or attempting to participate in the recipient’s education program or activity at the time of the alleged sex discrimination.

4. Dating Violence: (as defined by the Violence Against Women Act)Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement with consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.

5. Domestic Violence: (as defined by the Violence Against Women Act)A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim 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.

6. Force: the use or threat of physical violence to overcome an individual’s free will to choose whether or not to participate in sexual activity or provide consent. Force may include words, conduct, or appearance. Force includes causing another’s intoxication or impairment through the use of drugs or alcohol. Coercion, intimidation, and non-physical threats can all be forms of force. Consent obtained by force is not valid.

7. Incapacitation: a physical condition where a person is unconscious or physically unable to leave or provide consent. This includes a mental condition, permanent or temporary, which makes the victim incapable of understanding the nature of the activity or unable to communicate due to a mental or physical condition.

8. Non-Consensual Sexual Contact: Sexual Contact means any form of intentional touching, either directly or through clothing, of the victim’s intimate parts designed to degrade or humiliate the victim or cause sexual arousal or gratification to the actor. Sexual contact can also occur when an actor intentionally touches himself or herself while in the view of and aware of the victim’s presence and with the same purpose of humiliation, arousal, or self-gratification. Non-Consensual Sexual Contact is having sexual contact with another individual without affirmative consent, when an individual in incapacitated, or by threat or force.

9. Pregnancy or related conditions: (1) Pregnancy, childbirth, termination of pregnancy, or lactation; (2) Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or (3) Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

10. Relevant: Related to the allegations of sex discrimination. Evidence is relevant when it may aid in showing whether alleged sex discrimination occurred.

11. Respondent(s): any individual who is alleged to have violated the university’s prohibition on sex discrimination.

12. Retaliation: Retaliation is any adverse action taken or threatened (including intimidation, threats, coercion, discrimination harassment, and other such action) against any complainant or person reporting or filing a complaint of sex discrimination or sexual misconduct or any person cooperating in the investigation of allegations of sex discrimination or sexual misconduct to include testifying, assisting or participating in any manner in an investigation.

13. Sex Based Harassment: is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex including:

Quid pro quo harassment: an employee, agent or authorized person of the university making unwelcome sexual conduct a condition of providing aid, benefit or service to another person (i.e. An employee giving a student a bad grade for refusing to date them.)
Hostile environment harassment: Unwelcome sex-based conduct that a reasonable person would find subjectively and objectively offensive and is so severe or, pervasive that it limits or denies a person’s ability to participate in or benefit from the university’s educational program or activity; or
Specific Offenses to include:
1. Sexual Assault as defined by the Clery Act
  1. Rape
  2. Fondling
  3. Statutory Rape
  4. incest

14. Sex Discrimination: In addition to Prohibited Conduct listed in this policy in Section IV, sex discrimination also includes discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

15. Sexual Assault (as defined by the Clery Act):

Rape: 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 the consent of the victim.
Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age and/or because of his/her temporary or permanent mental incapacity.
Statutory rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

16. Sexual Exploitation: Sexual exploitation refers to non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other non-legitimate purpose. (E.g. observing another individual’s nudity/sexual activity; allowing another to observe nudity/sexual activity without the knowledge and consent of all participants; non-consensual streaming or distribution of images, photography, video or audio recording of sexual activity/nudity without the knowledge and consent of all participants.

17. Sexual Misconduct: Sexual Misconduct is defined as any sexual act or sexual contact upon another person without his or her explicit consent, which is a sexual offense under New Jersey criminal law (See NJSA title 2C:14-1, et. al.). Sexual Misconduct encompasses the act of sexual assault.

18.Stalking: (as defined by the Violence Against Women Act) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress. Course of conduct means two or more acts, including, but not limited to, acts in 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.

17. Student: a person who has gained admission (as defined in 2024 Title IX Regulations, Sect. 106.2)

VI. Reporting Obligation:

Mandated Reporters: Monmouth University considers all university employees, including student employees, responsible for reporting any matters of sex discrimination including sexual misconduct and sex-based harassment, to the Title IX Coordinator or designee. Only designated confidential resources are excluded from this reporting obligation.

Confidential Resources: All university employees who work in the following offices are exempt from reporting matters of sexual misconduct to the Title IX Coordinator or designee:

Counseling and Prevention Services
Health Services

VII. Supportive Measures:

Supportive measures are options that are available to all parties regardless of whether they choose to go through any process. These options will be provided to a party once an allegation of a violation of this policy is made to the Title IX office.

Supportive measures that are available, as appropriate, include but are not limited to:

Counseling and Prevention Services (confidential on campus resource)
Health Services (confidential on campus resource)
Monmouth Medical Center (off campus resource)
Monmouth University Police Department (on campus resource)
Off Campus Police Departments
180 Turning Lives Around (off campus confidential resource)
Academic accommodations including, but not limited to, class schedule modifications
Work schedule accommodations for university employment
Letters of No Contact between the parties
Residential accommodations (i.e. changing a student’s campus residence)

Students may request supportive measures even in cases where the complainant has requested that no investigation be undertaken.

Supportive measures may be implemented on a short-term or on a long-term basis.

The Title IX Coordinator or designee will seek to minimize unreasonable burdens on either party; however, reasonable efforts will be made to allow the parties to continue their academic, University housing, and/or University employment arrangements. The University will provide information about any supportive measures and accommodations implemented only to those who need to know in order to make them effective.

VIII: Interim Measures:

In all cases the University will take appropriate steps designed to mitigate the effects of the alleged prohibited conduct, prevent its reoccurrence, and make accommodations for the complainant(s) and respondent(s). Such measures, which may be required, may include but are not limited to:

Academic accommodations (e.g. changing a student’s academic schedule, allowing a student to withdraw from or retake a class without penalty, or providing access to tutoring or other academic support).
Residential accommodations (e.g. changing a student’s campus residence).
Work accommodations (e.g. adjusting a student’s work schedule for University employment).
Issuance of a “no contact” letter through the Dean of Students Office. The duration of these letters may vary depending on the particular situation in which they are issued and may be permanent.
Completion of training and educational programs.
Protective measures (e.g. interim suspension of the Respondent).
Any decisions regarding interim measure shall be made by the Dean of Students Office in consultation with relevant University administrators. Such action may be taken in the immediate aftermath of an incident and/or while an investigation or a disciplinary action is pending. Students may be subject to interim measures even in cases where the complainant has requested that no investigation be undertaken.

The Title IX Coordinator or designee will seek to minimize unreasonable burdens on either party; however, reasonable efforts will be made to allow the parties to continue their academic progress, University housing, and/or University employment arrangements. The University will provide information about any interim measures and accommodations implemented only to those who need to know in order to make them effective.

Interim measures may be implemented on an interim or long-term basis

Interim Measures, with the exclusion of Emergency Removal, can be appealed to the Title IX Coordinator or designee.

Interim Measures Appeal

To appeal an interim measure, the appealing party must submit a written appeal to the Title IX Coordinator or their designee within two (2) business days of the interim measure being decided.

The Title IX Coordinator or their designee will render a decision on the appeal within 3 (three) business days of receipt of the written appeal.

The appealing party will be notified in writing of the decision of the Title IX Coordinator or their designee.

Interim measures remain in effect during the appeal process.

Timelines in the section may be extended for good cause. The appealing party will be notified in writing of any delay and provided with a new timeline.

IX. Interim University or Residence Hall Suspension:

In certain circumstances, the Vice President of Student Life, or designee, may impose a University or residence hall suspension prior to the grievance process.

Interim suspension may be imposed only:
1. to ensure the safety and well-being of members of the University community or preservation of University property or;
2. to ensure the student’s own physical or emotional safety and well-being or;
3. if the student poses a definite threat of disruption or interference with the normal operations of the University.
During the interim suspension, students shall be denied access to residence halls and/or the campus (including classes), and/or all other University activities or privileges for which the student might otherwise be eligible as the Vice President of Student Life or designee may deem appropriate. A hearing will be held within five (5) business days of the date of the imposition of the interim suspension to ascertain if the interim suspension should continue until the matter is resolved through the internal disciplinary process. Students suspended on an interim basis will be notified of the date, time, and place of the hearing by the Dean of Students Office.

X. Filing a Complaint:

A complaint is an oral or written request to the University that can objectively be understood as a request for the University to investigate and make a determination about alleged sex-based discrimination. Complaints may be submitted in person, by mail, by phone or by email using the contact information for the Title IX Coordinator or designee, or by any other means that results in the Title IX Coordinator or designee receiving the person’s verbal or written report.

XI. Grievance Process:

The grievance process detailed below will treat Complainant(s) and Respondent(s) equitably and acknowledges that the Respondent(s) is presumed not responsible for the alleged conduct and that the determination of responsibility will be made at the conclusion of the grievance process. The grievance process may include an investigation, adjudication or hearing and appeal(s). The burden of gathering evidence and burden of proof is on the university, not the parties.

If a Respondent(s) is found responsible for the alleged conduct at the conclusion of the grievance process, disciplinary sanctions or other actions may be imposed. A Complainant(s) may be given remedies designed to restore or preserve equal access to the educational program or activity. These remedies may be the same as supportive measures.

An objective evaluation of all relevant evidence and credibility determinations will be made by trained individuals who have no bias or conflict of interest for or against Complainant(s) or Respondent(s).

Investigations will be conducted by trained individuals who are impartial and free from bias in their investigation duties. The parties and their advisors will be provided with equal access to review the evidence gathered by the investigator. The parties and their advisors will have ten (10) business days to inspect, review, and to respond to the evidence.

XII. Timeframes:

The timeframes included in the grievance process are reasonably prompt and allow for extensions or delay for good cause with written notice to both parties.

Investigation: The University will seek to complete the investigation phase of a reported incident within sixty (60) business days of an initial report.
Evidence Evaluation: The parties and their advisors will have ten (10) business days to inspect, review, and to respond to the evidence.
Determination: Within five (5) business days after the hearing deliberations are completed, the hearing panel/ adjudicator shall render its decision and notify the Vice President of Student Life or designee. Both the Complainant(s) and the Respondent(s) shall be notified of the decision within five (5) business days of the receipt of the decision by the Vice President of Student Life or designee.
Appeal: A decision reached by a hearing panel or adjudicator may be appealed in writing within five (5) business days. The opposing party shall be given five (5) business days to submit a written reply. A decision on the appeal shall be rendered within twenty (20) business days from receipt of the written appeal.

XIII. Hearing Process:

LIVE HEARINGS FOR STUDENT RESPONDENT(S)

A live hearing may be conducted by a hearing panel or an external adjudicator.

The Dean of Students Office will provide simultaneous written notice of the charges, date and time of the hearing and the name of the hearing panel members to the Complainant(s) and the Respondent(s) prior to the hearing. The hearing panel will be comprised of two (2) members of the administration and one (1) faculty member from the University Disciplinary Committee. Both the Respondent(s) and the Complainant(s) will have an opportunity to object beforehand to the panel members. Such objection will specify the basis thereof, and a determination as to whether to replace the panel member shall be made by the University. The Respondent(s) may NOT waive his/her right to a hearing. The “preponderance of the evidence” standard will be used to make determinations in hearings. This means determining whether “is it more likely than not” that a violation of the Sexual Misconduct and Title IX policy occurred. The university reserves the right to enlist external adjudicators to administer student hearings. The trained adjudicator will be selected by the university. Both the Respondent(s) and the Complainant(s) will have an opportunity to object beforehand to the adjudicator. Such objection will specify the basis thereof, and a determination as to whether to replace the adjudicator shall be made by the University.

The Respondent(s) and the Complainant(s) have the right to review any evidence provided to the university during the investigation. Both the Respondent(s) and the Complainant(s) have the right to submit written statements as to their account of the matter. Upon request accommodations may be made to limit face-to-face contact between the Respondent(s) and the Complainant(s) during disciplinary hearings. In addition, both parties to the matter are entitled to have one advisor of choice. Each party is responsible for presenting his/her own information and therefore, advisors are not permitted to speak or participate directly in any meeting or hearing but are only allowed to provide support and/or guidance directly to their respective party. The parties should select an advisor who has a schedule which will allow attendance at the scheduled dates and times for meetings and hearings. Delays will not normally be permitted due to the scheduling conflicts of an advisor. The Title IX Coordinator or designee and hearing officer/ adjudicator must be notified by the parties at least two (2) business days prior to any scheduled meeting or hearing if they plan to have an advisor present for the meeting or hearing and if so, the identity of the advisor. If a party does not have an advisor for the hearing, one will be provided by the university. The Title IX Coordinator or designee and the hearing officer/ adjudicator reserve the right to remove an advisor from any meeting or hearing for violation of this policy.

1. Request for Accommodations

All students with disabilities who are involved in the student conduct process including Complainant(s), Respondent(s), supporters, and witnesses may seek accommodations for any stage of the student conduct process, including hearings, conduct meetings, investigations, and any pre-hearing meetings. Any student requesting an accommodation must do so far enough in advance to allow the request to be reviewed and an appropriate accommodation identified and implemented. Accordingly, each

student seeking an accommodation is strongly encouraged to do so as early as possible in the student conduct process. To request an accommodation please refer to the policy on the following page: monmouth.edu/disability-services/current-students.

Either party may request that the hearing take place with the parties located in separate rooms or locations using technology to allow the parties to see and hear each other. This request must be made at least five (5) business days prior to the scheduled hearing date.

2. Statement of Witnesses

Any persons having specific knowledge of the matter may be called as witnesses. Every effort will be made during the investigation to obtain names and written statements of witnesses and documentary evidence for both the Complainant(s) and the Respondent(s). The hearing panel or adjudicator may preclude any evidence provided by a party or a witness if it is not deemed relevant.

3. Control of the Hearing Proceedings

The hearing panel chair or adjudicator shall exercise control over the manner in which the hearing is conducted to avoid unnecessary lengthy hearings and to prevent harassment or intimidation of witnesses. Anyone who disrupts a hearing or who fails to adhere to hearing guidelines may be excluded from the proceedings and is subject to disciplinary action.

Considerations for proper decorum in a hearing proceeding may include but are not limited to: asking questions in a neutral tone, not allowing accusatory questions, requiring the use of names and gender pronouns used by each individual, no abusive behavior including but not limited to yelling, screaming, badgering, approaching a party or witness without permission, no profanity or personal attacks, no use of repetitive questions.

4. Standard of Evidence

A preponderance of the evidence standard shall be applied. Therefore, it must be established that it is more likely true than not true that the alleged violation took place. It should be noted that the resolution is not dependent upon the number of witnesses who testify on either side, but rather on the credibility and weight which is attributed to such testimony and relevant evidence.

5. Privacy of Hearings

The hearing shall be conducted in private. People not directly involved in the hearing are excluded from the proceedings.

6. Questions During Hearings

The hearing panel/ adjudicator may address questions to any party during the proceedings or to any witness called by the parties or by the hearing panel/ adjudicator. Complainant(s) and Respondent(s) may address their questions of witnesses through the hearing panel/ adjudicator, which shall have the discretion to decide whether the question will be posed to the witness.

The hearing officer/ adjudicator must determine whether each question is relevant prior to the party or witness responding. If a question is deemed relevant, the question may be answered. If a question is deemed irrelevant, the hearing officer/ adjudicator must provide an explanation for the determination and exclusion of the question. The hearing officer/ adjudicator may determine that it is necessary to pause the hearing temporarily in order to make a determination on relevance. Questions which challenge the credibility of a party or a witness may be relevant.

Questions and evidence about a Complainant(s)’s prior sexual behavior is irrelevant unless it is offered: 1) to prove that someone other than the Respondent(s) committed the alleged conduct or 2) to prove consent.

7. Evidence for Consideration

All relevant evidence including pertinent records, exhibits, and written statements may be received for consideration by the hearing panel/ adjudicator. Both the Respondent(s) and the Complainant(s) would have received copies of such for review and comment prior to the hearing. All evidence gathered during the investigation will be available at the hearing and may be reviewed and utilized by the Respondent(s) and Complainant(s).

The hearing panel/ adjudicator may preclude records, exhibits, and the testimony of any witness which were not submitted in conformance with this requirement if, in the opinion of the hearing panel/ adjudicator, allowing such records, exhibits, or testimony would substantially impair the Complainant(s)’s or the Respondent(s)’s ability to effectively present their case. In making this determination the hearing panel/ adjudicator shall consider such factors as the reasons why the record, exhibit, or statement was not on file, the nature of the testimony summarized in the proposed witness’s statement prior to the hearing, and other appropriate factors.

8. Appearance of Witnesses

The hearing panel/ adjudicator may request the presence of witnesses by sending them an email with a read/received receipt, a letter via hand-delivery or certified mail, return receipt requested. Witnesses who are students cannot be required to participate.

9. Failure to Appear at Hearings

The failure of individuals charged with misconduct to appear at a hearing after proper notice will not prevent the hearing from taking place or invalidate the outcome.

10. Recording of Hearings

A recording of the hearing shall be made. The recording will be under the control of the Dean of Students Office. A request to review the recording must be made in writing and the recording must be reviewed in the Dean of Students Office.

11. Determination of the Hearing

Within five (5) business days after the hearing deliberations are completed, the hearing panel or adjudicator shall determine (by majority vote) whether the Respondent(s) has violated the Sexual Misconduct and Title IX Policy. The Chairperson on behalf of the hearing panel or the adjudicator, shall prepare a written report to the Vice President of Student Life or their designee consisting of: a statement of each charge, whether the hearing panel/ adjudicator has found the Respondent(s) responsible or not responsible, evidence presented to the panel, facts used to reach each decision, credibility assessment of those who testified, any sanctions imposed on the Respondent(s) and any remedies being offered to the Complainant(s).

12. Notification of the Hearing Board Decision

The Vice President of Student Life or their designee will notify both the Complainant(s) and the Respondent(s) simultaneously in writing of the hearing panel’s/adjudicator’s decision within two (2) business days of the receipt of the decision. The President of the university may also be notified of the decision.

13. Appeals Process

A decision reached by a hearing panel may be appealed by either party. The appeal must be submitted in writing to the Vice President of Student Life or their designee within five (5) business days of the finding by the hearing panel/ adjudicator.

An appeal shall be limited to the review of the verbatim record of the initial hearing and supporting documents unless a further hearing is required to receive and evaluate new evidence. The party filing the appeal has the burden of establishing the basis for the appeal. An appeal may be initiated for one or more of the following purposes:

The hearing process as described in the policy was materially violated in such a manner that the outcome could have been affected.
The Title IX Coordinator, investigator, or hearing panel member(s)/ adjudicator had a conflict of interest or bias that affected the outcome of the matter.
Submission of new evidence sufficient enough to alter a decision, or other relevant facts not brought out in the original hearing because such new evidence or facts were not known to the person appealing at the time of the original hearing.

The following Appeal process shall apply:

The appeal and any supporting documentation shall be sent to the opposing party for review. The opposing party shall be given five (5) business days to submit a reply.
The Vice President of Student Life or their designee shall review the matter and render a decision on the appeal within twenty (20) business days from receipt of the written appeal.

Following the Vice President of Student Life or his/her designee’s decision the matter shall be concluded with no further recourse under this policy.

All deadlines and time line requirements set forth in this section may be extended for good cause. Both the Respondent(s) and the Complainant(s) will be notified in writing of any delay and provided the date of the new deadline. Some examples of good cause may include considerations such as the absence of a party, a party’s advisor or a witness; concurrent law enforcement activity; or the need for language assistance or an accommodation of disabilities.

14. Possible Sanctions

The following sanctions may be imposed at the conclusion of the grievance process if the Student Respondent(s) is found responsible for having violated this policy:

Education/Work Assignment—A requirement to participate in an educational program or activity or assignment to perform a number of service work hours within a campus department.

Fine/ Educational Fee—A monetary fine or educational fee may be imposed as part of a student’s sanction. Monies paid to a local community will be taken into consideration. Fines or educational fees are payable within a prescribed period of time to the Dean of Students Office.

Consultation and/or Assessment—Student may be assigned a consultation and/or assessment with a psychological counselor/therapist.

Disciplinary Probation—May include, but not be limited to, the possible exclusion or restricted participation in privileges or extracurricular university activities for a specified period of time, including the possibility of more severe disciplinary sanctions in the event of further violation of any university regulations during the period of disciplinary probation.

Residence Hall Probation—A defined period of time whereby a student living in residence is given an opportunity to modify his/her behavior prior to losing the privilege of living on campus. Further violation of the Student Code of Conduct or the terms and conditions of the Residence Hall Contract may result in suspension from residence.

Residence Hall Suspension—Separation of the student from the residence halls for a defined period of time, after which the student is eligible to return. Students under a residence hall suspension are also banned from all university owned and/ or sponsored housing as well as the property and parking lots contiguous to that housing including but not limited to the residential quad.

Residence Hall Expulsion—Permanent expulsion of the student from the residence halls. Students under a residence hall expulsion are also banned from all university owned and/or sponsored housing as well as the property and parking lots contiguous to that housing including but not limited to the residential quad.

Suspension—Separation of the student from the university for a definite period of time. Students suspended will be excluded from all classes and activities at the university. Students under a suspension are restricted from being on any university premises without advance approval from the Dean of Students Office. The conditions of readmission shall be stated in the order of the suspension. This action will be on record in the disciplinary files of the Vice President of Student Life.

Expulsion—Permanent separation of the student from the university. This action will be permanently on record in the disciplinary files of the Vice President of Student Life. Students under an expulsion are restricted from being on any university premises without advance approval from the Dean of Students Office.

Please note: Students suspended or expelled for disciplinary reasons will not be entitled to any refund of tuition or fees paid, this includes but is not limited to room and board.

XIV. Dismissal of a Complaint:

A complaint may be dismissed from consideration under this policy if the conduct does not meet the definition of sex discrimination described herein or if the conduct did not occur in the education program or activity against a person in the U.S. and is not having an impact in the education program or activity in the U.S. This dismissal only pertains to the Sexual Misconduct and Title IX Policy, not to other university policies that may be implicated.

A complaint may also, at the university’s discretion, be dismissed from consideration under this policy if: 1) the Complainant(s) informs the Title IX Coordinator or designee that they wish to withdraw the complaint or allegations therein, 2) if the Respondent(s) is no longer enrolled or employed by the university, or 3) if specific circumstances prevent the university from gathering sufficient evidence to reach a determination.

The university must give the parties simultaneous written notice of a dismissal and the reasons for the dismissal.

A dismissal of a complaint may be appealed by either party. The appeal must be submitted in writing to the Title IX Coordinator or their designee within five (5) business days of the date on the notification of complaint dismissal.

The appeal will be reviewed by a trained decision maker who did not take part in the investigation of the allegations or the dismissal of the complaint.

The appeal will be limited to review of written statement(s) by the parties in support of written statements challenging the complaint dismissal.

The decision maker shall review the matter and render a decision on the appeal within ten (10) business days from the receipt of the written appeal.

Following the decision maker’s determination, the matter shall be concluded with no further recourse for appealing the dismissal of the complaint.

All deadlines and timeline requirements set forth in this section may be extended for good cause. Both the Respondent(s) and the Complainant(s) will be notified in writing of any delay and provided the date of the new deadline. Some examples of good cause may include considerations such as the absence of a party, a party’s advisor or a witness; concurrent law enforcement activity; or the need for language assistance or an accommodation of disabilities.

XV. Consolidation:

The university may, in its discretion, consolidate complaints that arise out of the same facts.

XVI. Alternative Resolution:

In certain instances, the parties may voluntarily agree to follow an alternative resolution procedure instead of the formal hearing procedure. In order to proceed with an alternative resolution option, both parties must give a voluntary, informed, written request for alternative resolution to the Title IX Coordinator or their designee. The Title IX Coordinator or designee will determine, in their discretion, whether a matter is appropriate for an alternative resolution process and whether any proposed resolution as a result of an alternative resolution process is appropriate. If a matter is deemed to be appropriate for an alternative resolution process, the Title IX Coordinator or designee may arrange for mediation between the parties or coordinate other voluntary alternative resolution.

Alternative resolution procedures are optional and may be terminated at any time, prior to agreeing to a resolution, by any of the parties involved or the university and the matter may be referred to the formal hearing procedure. Any agreements that are made during the alternative resolution procedure must be documented, signed by the involved parties and the Title IX Coordinator or their designee. In the event that no agreement is reached, the matter may be referred to the formal hearing procedure for further action. All parties may have an advisor of choice at all meetings during the alternative resolution process. Advisors are not permitted to speak or participate directly in any meeting but are only allowed to provide support and/or guidance directly to their respective party.

Alternative resolution must be handled by a trained individual that did not conduct the investigation of the complaint.

XVII. Retaliation:

The university will take appropriate steps to assure that a person who in good faith reports, complains about, or participates in an alternative resolution or formal investigation of a sex discrimination allegation will not be subjected to retaliation. The university also will take appropriate steps to assure that a person against whom such an allegation is made is treated fairly. The Director of Diversity, Equity and Inclusion or designee will take appropriate follow-up measures to assure the goals of this policy are met. Persons who believe they are experiencing retaliation are strongly encouraged to lodge a complaint with the university using the same procedure for lodging a sex discrimination complaint.

XVIIII. Record Keeping:

Records must be maintained for a minimum of seven (7) years. Matters involving Student Respondent(s) will be kept in the Dean of Students Office and matters involving Employee Respondent(s) will be kept in the Title IX office. This requirement applies to all records created to investigate an allegation of sex discrimination as defined in this policy.

XIX. Training:

All University students are required to complete training. Failure to complete training will result in a registration hold being placed on the student’s account.

Title IX continues to prohibit discrimination based on pregnancy or related conditions. Reasonable modifications may be made for students who are pregnant or experiencing pregnancy related conditions as defined in this policy through the Title IX Coordinator or designee.

XXI. Amnesty Policy:

In order to encourage reporting, Monmouth University will grant amnesty to a student who violates the student code of conduct (for example, the use of illegal drugs or underage consumption of alcohol) while reporting sex discrimination including sexual assault and/or sexual misconduct. For instance, a student may be engaging in underage consumption of alcohol and witness another individual being sexually assaulted. The students should not hesitate to report the sexual assault because of their underlying violation of the student code of conduct. The University will not take action against that student for their underage consumption of alcohol because they reported a sexual assault.

This policy does not grant amnesty for students who are involved in criminal activity aside from the above-mentioned violations of the student code of conduct. The University may require that the student who reported the incident attend educational remedies regarding the use of drugs and alcohol.