Anti-Harassment and Non-Discrimination Policy SEPTEMBER 2015 Title IX / Discrimination / Harassment / Sexual Assault /Sexual Misconduct / Sexual Harassment / Domestic Violence / Dating Violence / Stalking Notice of the Title IX Coordinator As a community of educators and learners, Rider University is committed to fostering an environment dedicated to learning and mutual respect as reflected in the University’s mission, Statement of Community Values, Anti-Harassment and Non-Discrimination Policy and Title IX. All students, faculty, administrators and staff at the University have the right to expect an environment that allows them to enjoy the full benefits of their work or learning experience. The University, therefore, does not condone violations of its Anti-Harassment and Non-Discrimination Policy and treats all allegations about violations very seriously. As outlined in the Anti-Harassment and Non-Discrimination Policy, the University prohibits all forms of discrimination, harassment, sexual assault, sexual misconduct, sexual harassment, dating violence, domestic violence and stalking. Rider University is an Equal Opportunity and Affirmative Action Employer. No one will be denied employment at, admission to, or the opportunity to participate in educational programs and activities at the University on the basis of race, creed, color, religion, handicap/ disability, gender, age, marital status, sexual orientation, gender identity, national origin, ethnicity, status as a Vietnam-era qualified disabled veteran or other protected veteran, or status as a member of any other protected class under federal or state law. The University does not discriminate on the basis of any of the aforementioned protected bases in the recruitment and admission of students, the recruitment and employment of faculty, administrators and staff, and the operation of any of its programs and activities. The Associate Vice President for Human Resources serves as both the Affirmative Action Officer and the Title IX Coordinator for the University, and is the resource available to anyone seeking additional information or wishing to file a complaint related to Affirmative Action and discrimination on the basis of race, creed, color, religion, handicap/disability, gender, age, marital status, sexual orientation, gender identity, national origin, ethnicity, status as a Vietnam-era, qualified disabled veteran or other protected veteran, or status as a member of any other protected class under federal or state law. The Affirmative Action Officer and the Title IX Coordinator for the University may be contacted as follows: Robert Stoto Associate Vice President for Human Resources/ Title IX Coordinator and Affirmative Action Officer Moore Library, Room 108 (609) 895-5683 rstoto@rider.edu Rider University Anti-Harassment and Non-Discrimination Policy September 2015 University Anti-Harassment and Non-Discrimination Policy Rider University prohibits all forms of discrimination, harassment, sexual assault, sexual misconduct, sexual harassment, dating violence, domestic violence and stalking. The University’s Anti-Harassment and Non-Discrimination Policy (the “Policy”) governs the treatment of harassment and discrimination cases at Rider University including sexual harassment, sexual assault, sexual misconduct, domestic violence, dating violence and stalking. To the extent this policy conflicts with provisions found in the University Student Code of Conduct or the University Employee Handbook, the terms of this Policy shall apply. The Policy applies to conduct described above that occurs on University premises, at University sponsored activities, and off-campus conduct that violates the Policy and the University believes poses a threat to the health, safety or welfare of any members of the University community or any residents of neighboring communities. The Policy applies to all students and employees, and to third-parties on University premises or at University sponsored activities. The Associate Vice President for Human Resources is the University’s Title IX and Affirmative Action Officer and the designated coordinator for compliance with this policy. The Title IX Coordinator may be contacted as follows: Robert Stoto Associate Vice President for Human Resources/Title IX Coordinator Moore Library, Room 108 (609) 895-5683 rstoto@rider.edu The University’s Title IX Coordinator is the resource available to anyone seeking additional information on the University’s Anti-Harassment and Non-Discrimination Policy or wishing to file a complaint related to Affirmative Action and discrimination. The U.S. Department of Education, Office for Civil Rights (OCR), is the federal agency charged with enforcing compliance with Title IX. Information regarding OCR can be found at: www.ed.gov/ocr. Retaliation Prohibition Rider University prohibits retaliation (including, but not limited to, intimidation, threats, coercion or discrimination) against any individual who complains of a violation of the Policy or assists in providing information about a complaint of discrimination or harassment including, but not limited to, sexual assault, sexual misconduct, sexual harassment, dating violence, domestic violence and stalking. Definitions Discrimination involves unfair treatment of a person or group based on prejudice regarding their personal characteristics. Rider University does not discriminate on the basis of race, creed, color, religion, gender, sexual orientation, gender identity, handicap/disability, age, Rider University Anti-Harassment and Non-Discrimination Policy September 2015 1 marital status, national origin, ethnicity, status as a Vietnam-era, qualified disabled veteran or other protected veteran, or status as a member of any other protected class under federal or state law, in employment or in the application, admission, operation, participation, access and treatment of employees and students, in any of the University’s programs and activities as specified by federal law and regulations. Additionally, it is the policy of Rider University to provide an environment for prospective and current students, job applicants, employees and other third parties that is free from harassment and intimidation on account of an individual’s race, creed, color, religion, gender, sexual orientation, gender identity, handicap/ disability, age, marital status, national origin, ethnicity, status as a Vietnam-era, qualified disabled veteran or other protected veteran, or status as a member of any other protected class under federal or state law. Harassment is any action that may reasonably be expected to (a) threaten, coerce, or intimidate an individual or a class of individuals or (b) substantially interfere with an individual’s work or education experience. Where the alleged harassment involves a potential violation of federal or state anti-discrimination laws, the University’s Affirmative Action Officer (or designee) will be called upon to investigate the allegations, using procedures outlined in the Policy. Nothing contained in this policy shall be construed either to (1) limit the legitimate exercise of free speech, including but not limited to written, graphic, electronic or verbal expression that can reasonably be demonstrated to serve legitimate education, artistic, or political purposes, or (2) infringe upon the academic freedom of any member of the University community. Sexual Harassment is defined as unwelcome sexual advances (including, but not limited to, sexual assault and sexual misconduct), requests for sexual favors, and/or physical, verbal or written conduct of a sexual nature when: • Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment, education, or participation in University programs or activities, or • Submission to or rejection of such conduct by an individual is used as a basis for decisions pertaining to an individual’s employment, education, or participation in University programs or activities, or • Such speech or conduct is directed against another and is abusive or humiliating and persists after the objection of the person targeted by the speech or conduct, or • Such conduct would be regarded by a reasonable person as creating an intimidating, hostile or offensive environment that substantially interferes with an individual’s work, education, or participation in University programs or activities. In the educational setting within the University, as distinct from other work places within the University, wide latitude for professional judgment in determining the appropriate content and presentation of academic material is required. Conduct, including pedagogical techniques, that serves a legitimate educational purpose does not constitute sexual harassment. Those participating in the educational setting bear a responsibility to balance their rights of free expression with a consideration of the reasonable sensitivities of other participants. 2 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Supplemental Definitions These supplemental definitions are more likely to be relevant in harassment and discrimination cases involving alleged student misconduct, but also will be utilized in cases where employee or third party misconduct is alleged, when appropriate. These supplemental definitions will be used during the Formal Hearing stage to determine charges and sanctions. Advisor is a person chosen by each of the complainant and respondent who is permitted to accompany the complainant and respondent respectively to any hearing and/or any related meetings. The advisor is not permitted to be an active participant in the hearing or any related meetings. Complainant is anyone who submits a charge alleging that an individual violated the Policy and/or anyone who is alleged to have been the subject of a violation of the Policy. Oftentimes the individual submitting the charge and the individual who is the subject of the violation are the same. In instances where the subject of the violation is different from the individual submitting the charge, both individuals will have the same rights afforded to the complainant under the Policy. Respondent is anyone who is alleged to have violated the Policy. Third Party is anyone who is not a student or employee of the University. Consent is an understandable exchange of affirmative words or actions that indicate a willingness to participate in mutually agreed upon sexually explicit touching or sexual penetration. Consent is active, not passive, and must be informed and freely and actively given. Coercion, force or threat of coercion or force invalidates consent. It is incumbent upon each individual involved in the activity to either obtain or give consent prior to any sexual activity, and again, prior to sexual penetration. If at any time during the sexual interaction any confusion or ambiguity should arise on the issue of consent, it is incumbent upon each individual involved in the activity to stop and clarify, verbally, the other’s willingness to continue. • A verbal “no,” even if it may sound indecisive or insincere, constitutes lack of consent. • When consent is requested verbally, absence of any explicit verbal response constitutes lack of consent. • Consent can be withdrawn at any time. But it is expected that, after consent has been established, a person who changes their mind during the sexual activity will communicate through words or actions, their decision to no longer proceed. • Past consent to sexual activity does not imply future ongoing consent, and the fact that two persons reside together or are in an on-going relationship does not preclude the possibility that sexual misconduct or sexual assault might occur within that relationship. Rider University Anti-Harassment and Non-Discrimination Policy September 2015 3 • A person who is asleep or mentally or physically incapacitated, whether due to the effect of drugs or alcohol, or for any other reason, is not capable of giving valid consent. Consent is not valid if a reasonable person would understand that such a person is incapable of giving consent. • A person’s use of alcohol, other drugs, and/or other intoxicants does not diminish their responsibility to obtain informed and freely given consent. Cyber-harassment is the willful and repeated use of computers, cell phones or other electronic communications to engage in conduct that (a) may reasonably be expected to threaten, intimidate, harass or discriminate against an individual or a class of individuals, (b) substantially disrupts the orderly operation of the University, or (c) substantially interferes with an individual’s work or education experience. Conduct that may rise to the level of cyber-harassment includes, but is not limited to, the following: • Using any form of electronic communication (including the Internet, email, text messages, instant messages, photo messages, discussion boards, digital images/ video/audio, blogs or social networking sites) to threaten, humiliate, harass, intimidate, or discriminate against an individual or a class of individuals; • Sending threatening, harassing, intimidating, or discriminating messages to anyone, including using the University email server to send such messages to individuals outside of the University; • Breaking into or using without an individual’s authorization an online account and sending messages without that individual’s consent; • Creating a fictitious or anonymous on-line account and posting threatening, harassing, or discriminatory information or posting an individual’s personal identifying information; • Taking or downloading pictures of someone and posting those pictures without that person’s consent when such pictures may reasonably be expected to threaten, humiliate, harass, intimidate, or discriminate against an individual or a class of individuals; or • Engaging in on-line fighting or trash-talking. Dating Violence is a violent act committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant and where the existence of such a relationship is determined based on the reporting party’s statement and with consideration of the following factors: • the length of the relationship • the type of relationship • the frequency of interaction between the persons involved in the relationship Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts that meet the definition of domestic violence. 4 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Domestic Violence is a violent act committed by: • A current or former spouse or intimate partner of the complainant; or • A person with whom the complainant shares a child in common or is about to share a child in common; or • A person who is cohabitating with or has cohabitated with the complainant (including, but not limited to, a roommate); or • A person similarly situated to a spouse of the complainant under state or federal domestic or family violence laws including the New Jersey Prevention of Domestic Violence Act of 1991 (N.J.S.A. 2C:25-17 et seq.); or • Any other person against an adult or youth complainant who is protected from that person’s acts under state or federal domestic or family violence laws, including the New Jersey Prevention of Domestic Violence Act of 1991 (N.J.S.A. 2C:25-17 et seq.). Violent acts that rise to the level of domestic violence include homicide, assault, terroristic threat in violation of federal or state law, kidnapping, criminal restraint in violation of federal or state law, false imprisonment, sexual assault, sexual misconduct, lewdness, criminal mischief in violation of federal or state law, burglary, criminal trespass in violation of federal or state law, harassment, and stalking. Hostile Environment exists when sexual harassment (including all forms of sexual violence) is sufficiently serious to limit or deny a member of the University community the ability to participate in or benefit from the University’s educational or employment programs or activities. Sexual Assault occurs when an unwelcomed physical contact of a sexual nature is intentional and is committed either by (a) physical force, violence, threat, or intimidation; (b) ignoring the objections of another person; (c) causing another’s intoxication or impairment through the use of drugs or alcohol; or (d) taking advantage of another person’s incapacitation, state of intimidation, helplessness, or other inability to provide consent. For purposes of the University’s annual security report, a sexual assault is an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting program. Sexual Misconduct occurs when the act is committed without the intent to harm another and where, by failing to correctly assess the circumstances, a person believes unreasonably that consent was given without having met his/her responsibility to gain such consent. Situations involving physical force, violence, threat or intimidation fall under the definition of Sexual Assault, not Sexual Misconduct, and will be treated as such under these procedures. Stalking occurs when an individual engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress. “Substantial emotional distress” under this policy is defined as significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. A “course of conduct” under this policy is defined as two or more acts including, but not limited to, acts in which the Rider University Anti-Harassment and Non-Discrimination Policy September 2015 5 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. Statement on Consensual Relations between Faculty and Students, Athletic Staff and Student-Athletes and Employees and Subordinates Consensual romantic and/or sexual relationships between employees (including faculty and athletic staff) and students with whom they also have an academic, supervisory or evaluative relationship, or between an employee and their subordinate, is fraught with the potential for exploitation and may compromise the University’s ability to enforce its policy against sexual harassment. Employees must be mindful that the authority that they exercise in their interactions with students and subordinates may affect the decision of a student or a subordinate to enter into or end a romantic or sexual relationship. Even when both parties initially have consented, the development of a sexual relationship renders both the employee and the institution vulnerable to possible later allegations of sexual harassment in light of the significant power differential that exists between faculty members and students, athletic staff members and student-athletes or supervisors and subordinates. In their relationships with students and subordinates, faculty, athletic staff and supervisors are expected to be aware of their professional responsibilities and to avoid apparent or actual conflict of interest, favoritism, or bias. When a sexual or romantic relationship exists, effective steps should be taken to ensure unbiased evaluation or supervision of the student or subordinate. Reporting and Confidentially Disclosing Complaints of Violations of the Policy Members of the University community are strongly encouraged to promptly report all experienced or observed incidents of discrimination and harassment, including sexual assault, sexual misconduct, sexual harassment, dating violence, domestic violence and stalking. Prompt reporting allows individuals to get the support they need and enhances the ability of the University to respond appropriately. Reporting Complaints of Employee Violations of the Policy Complaints alleging that an employee or (non-student) third party violated the Policy, whether filed by an employee, a student, or a third party, should be reported to the Associate Vice President for Human Resources who is the University’s Title IX Coordinator, Affirmative Action Officer and the designated coordinator for compliance with this Policy. 6 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Robert Stoto Associate Vice President for Human Resources/Title IX Coordinator Moore Library, Room 108 (609) 895-5683 rstoto@rider.edu The Title IX Coordinator (or designee) will notify the relevant vice-president/division head and the president of the union (if the respondent is a bargaining unit member) as soon as possible after receiving the complaint and provide the complainant, respondent, the relevant vice-president/division head and the union president (when appropriate) with a copy of the complaint and this Policy. Reporting Complaints of Student Violations of the Policy Complaints alleging that a student violated the Policy, whether made by an employee, student or a third party, should be reported to the Associate Vice President for Human Resources who is the University’s Title IX Coordinator, Affirmative Action Officer, and the designated coordinator for compliance with this Policy. Robert Stoto Associate Vice President for Human Resources/Title IX Coordinator Moore Library, Room 108 (609) 895-5683 rstoto@rider.edu Alternatively, complaints may be reported to the Associate Vice President for Student Affairs, the Department of Public Safety, or anonymously as follows: Anthony Campbell, Ph.D. Associate Vice President for Student Affairs and Dean of Students Bart Luedeke Center, Room 110 (609) 896-5101 acampbel@rider.edu Department of Public Safety West House, Lawrenceville campus Bristol Chapel, Princeton campus Both campuses: (609) 896-5029 (non-emergency) (609) 896-7777 (emergency) Silent Witness Form (anonymous reporting) is available via Rider’s Web site at www.rider.edu/info/publicsafety/witness.htm For all matters involving students, the Department of Public Safety prepares written documentation that serves as the complaint and sets forth the allegations concerning the Policy violation. Rider University Anti-Harassment and Non-Discrimination Policy September 2015 7 Amnesty Provision Regarding Alcohol Policy and/or Student Code of Conduct Violations The health and safety of the University community is of paramount concern to all members of Rider University. The University recognizes that an individual who has been drinking or using illegal substances at the time of an incident may be hesitant to file a complaint of an alleged violation of the Policy for fear that they may face Alcohol Policy or Student Code of Conduct sanctions for their drinking or use of illegal substances. An individual who reports an alleged violation of the Policy will not be subject to sanctions by the University under the Alcohol Policy or Student Code of Conduct for their own consumption of alcohol or illegal substances at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. In addition, the Title IX Coordinator (or designee) shall have discretion to grant amnesty from an alcohol or substance abuse violation to any witness to an alleged violation of the Policy upon a showing of good cause. The University may, however, initiate an educational discussion or pursue other educational remedies regarding the use or abuse of alcohol or other illegal substances if applicable. Reporting and Confidentially Disclosing Sexual Violence: Know the Options University employees have different abilities to maintain a complainant’s confidentiality. • Disclosing an allegation or incident to the Title IX Coordinator, Associate Vice President for Student Affairs, Department of Public Safety or any other responsible employees (described in the section that follows) constitutes a report to the University and generally obligates the University to investigate the incident and take appropriate steps to address the situation. Responsible employees are required to report information concerning an incident to the Title IX Coordinator. • A complainant is free to discuss an incident or allegation, in confidence, with Counseling Center and Chaplain Center staff. These staff are not required to report any information about an incident to the Title IX Coordinator or Associate Vice President for Student Affairs without a complainant’s permission. • A complainant is also free to discuss an incident or allegation, in confidence, with Student Health Services staff. These staff are required to only report to the Title IX Coordinator, the Associate Vice President for Student Affairs, or Department of Public Safety that an incident occurred without revealing any personally identifying information. Disclosures to these staff will not trigger a University investigation into an incident against the complainant’s wishes. PLEASE NOTE: A complainant who speaks to Counseling Center, Chaplain Center or Student Health Services staff and who wants to maintain confidentiality should understand that the University will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the respondent. A complainant who at first requests confidentiality may later decide to file a complaint with the University or law enforcement authorities and thus have the incident fully investigated. Assistance in that regard will be provided if the complainant chooses to do so. 8 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Responsible Employees Responsible employees are University employees who have the authority to redress sexual violence, who have the duty to promptly report incidents of sexual violence or other student misconduct, or who a student could reasonably believe have this authority or duty. When a complainant tells a responsible employee about an alleged violation of the Policy, the responsible employee shall report the incident to the Title IX Coordinator, who shall take immediate and appropriate steps to investigate what happened and to resolve the matter promptly, fairly and impartially. To the extent possible, information reported to responsible employees will be shared only with people responsible for handling the University’s response to the report. Responsible employees will not pressure a complainant to request confidentiality and will not pressure a complainant to make a full report if the complainant is not ready to do so. All Rider University employees (faculty, administrators and staff) are considered responsible employees EXCEPT for those listed below. Responsible employees also include students who are employed by Residential Programs as Resident Advisors, House Managers, Resident Directors and House Directors. • Counseling Center, Chaplain Center and Student Health Center professional and non-professional staff (to whom a complainant can report confidentially). The Prevention Education Coordinator (ASAP), who works in the Student Health Center, is not included in this exemption. • Facilities (non-management) staff • Aramark (food services), DTZ (custodial), Barnes and Noble (bookstore), University Athletic Management (SRC Fitness Center) and Collegiate Press staff are NOT Rider employees and are therefore NOT considered responsible employees. Requesting Confidentiality from the University If a complainant discloses an incident to the Title IX Coordinator, Associate Vice President for Student Affairs, the Department of Public Safety or a responsible employee but also wants to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action be taken, the University will weigh that request against its obligation to provide a safe, non-discriminatory environment for all students, faculty and staff, including the complainant. The Title IX Coordinator (or designee) is responsible for evaluating requests for confidentiality. If the University honors the request for confidentiality, a complainant must understand that the University’s ability to meaningfully investigate the allegation and pursue disciplinary action against the respondent may be limited. Additionally, the level of appropriate action the University can take in response to the allegation depends on the complainant’s participation in the process. Rider University Anti-Harassment and Non-Discrimination Policy September 2015 9 There may be times, however, when the University may not be able to honor a complainant’s request for confidentiality in order to provide a safe, non-discriminatory environment for all students, faculty and staff. Factors that will be considered when weighing such requests include, but are not limited to, the following: the increased risk that the respondent will commit additional acts of sexual or other violence; whether a weapon is involved; whether the complainant is a minor; whether the complainant’s report reveals a pattern of perpetration by the respondent; and whether the University has other means to obtain relevant evidence (security cameras, physical evidence, etc.). The presence of one or more of these factors could lead the University to investigate and, if appropriate to pursue disciplinary action. If the Title IX Coordinator (or designee) determines that the complainant’s confidentiality cannot be maintained, the Title IX Coordinator (or designee) will inform the complainant prior to starting an investigation and will, to the extent possible, share information only with people responsible for handling the University’s response. Additionally, if the University determines that the respondent poses a serious and immediate threat to the University community, it will issue a timely warning. A timely warning, communicated via email, RiderAlert, website, and/or building signage, is used to notify the University community of crimes committed on campus or in the surrounding area. Any such warning will not include any information that identifies the complainant. Victim Assistance and Support If You Are a Victim of Sexual, Domestic or Dating Violence: Getting Help as Soon as Possible The University encourages victims of sexual, domestic and/or dating violence to talk to someone about what happened so that victims can get the support they need and the University can respond appropriately. Students have the right to simultaneously file a criminal complaint and a complaint to the University under this Policy. Victims of sexual, domestic or dating violence are encouraged to seek medical attention and preserve evidence that may assist in proving that the alleged violation occurred (i.e. do not bathe, shower or change clothes) regardless of whether or not a victim decides to pursue criminal prosecution at any point. Other evidence that should be preserved includes text and email messages, bedding and clothing. In the case of sexual violence, a sexual assault response team (SART) will be activated by the hospital should a victim seek medical attention and/or wish to have evidence collected. A specially trained sexual assault nurse examiner (SANE) will respond as part of the team to perform the examination. The evidence will be secured whether or not a victim decides to pursue criminal prosecution. If a victim chooses not to pursue criminal prosecution, the evidence will not be tested and will be held for at least five (5) years as per NJ State Attorney General directive. A sexual assault care advocate will be available to assist a victim through the process. 10 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 University Assistance A complainant can expect the following assistance from the University when an allegation of a policy violation is made, whether the alleged violation occurred on or off campus. The University will: • Provide a written explanation regarding the complainant’s rights and options as outlined in the Campus Sexual Assault Victim’s Bill of Rights (provided at the end of this booklet), the Anti-Harassment and Non-Discrimination Policy and related procedures. • Provide or assist in obtaining University and/or community-based services for health, mental health, legal, emotional and other support (see back pages for contact information). • Provide notification about and assistance with protective measures and/or options for accommodations/changes to academic, living, transportation or work situations (see “Protective Measures and Accommodations” section that follows), provided that reasonable alternatives are available, regardless of whether the complainant chooses to report the alleged incident to the University or law enforcement authorities. This includes student financial aid information related to withdrawing from a class or the University, loan repayment terms and other related information. • Provide information about options regarding reporting the incident to law enforcement and/or University authorities, including that the complainant can decline to notify such authorities, but that the University will support a complainant, if the complainant chooses, to proceed through the University disciplinary proceedings and/or with filing a complaint with law enforcement authorities and/or pursuing with law enforcement authorities orders of protection, restraining orders or similar lawful orders. • Provide information about how the University will protect the complainant’s confidentiality, to the extent permissible by law, including how the University will meet its public record-keeping obligation regarding the incident without disclosing personally identifying information about the complainant. The ultimate decision regarding whether the complainant wants to proceed with health, mental health, legal and/or counseling services belongs to the complainant. Complainants are free from any pressure from University personnel to report an incident to law enforcement authorities if they do not wish to do so, report an incident as a lesser offense than a complainant perceives the crime to be, refrain from reporting an incident, and/or refrain from reporting an incident to avoid unwanted personal publicity. Protective Measures and Accommodations The Title IX Coordinator and/or the Associate Vice President for Student Affairs (or designee) has the authority to take all reasonable and prudent measures to protect the complainant, the respondent, and all third party witnesses pending completion of any of the procedures outlined in the Policy. Rider University Anti-Harassment and Non-Discrimination Policy September 2015 11 Protective measures and accommodations may include, where reasonably available, • administrative directives (i.e. no contact orders – see paragraph below) • interim suspensions • changes to housing, transportation, dining facilities, work schedules, academic schedules • withdrawal or retaking of a class without penalty • access to academic support such as tutoring • a delay/suspension in the awarding of a degree and/or certifying graduation The University will maintain as confidential any protective measures or accommodations provided to the complainant, to the extent that maintaining such confidentiality would not impair the ability of the University to provide the protective measures or accommodations. The University will notify the complainant in advance if personally identifying information about the complainant is necessary to obtain an accommodation or protective measure. Students may request protective measures and/or accommodations by contacting: Anthony Campbell, Ph.D. Associate Vice President for Student Affairs and Dean of Students Bart Luedeke Center, Room 110 (609) 896-5101 acampbel@rider.edu Department of Public Safety West House, Lawrenceville campus Bristol Chapel, Princeton campus Both campuses: (609) 896-5029 (non-emergency) (609) 896-7777 (emergency) Employees may request interim protective measures and/or accommodations by contacting: Robert Stoto Associate Vice President for Human Resources/Title IX Coordinator Moore Library, Room 108 (609) 895-5683 rstoto@rider.edu In incidents involving students, the Associate Vice President for Student Affairs (or designee) may issue an administrative directive in the form of a no-contact order if deemed appropriate. The no-contact order may include a directive that the complainant and respondent refrain from contacting each other through direct, indirect, electronic or other means or engage in any disruptive conduct pending resolution of the complaint. The Associate Vice President for Student Affairs (or designee) may also take any further protective action he deems appropriate, in his sole discretion, concerning the interaction of the complainant 12 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 and respondent pending resolution of the complaint. Violation(s) of the orders, directives, and/or protective actions of the Associate Vice President for Student Affairs (or designee) shall constitute related offenses as outlined in the Student Code of Conduct. Investigating and Resolving Complaints of Employee Violations of the Policy The University offers both informal and formal procedures for promptly, fairly and impartially investigating and resolving complaints of employee violations of the Policy. Informal and formal procedures will be initiated as soon as possible and within five (5) calendar days of the filing of the complaint, absent any unusual circumstances. Depending on the nature of the complaint, the Title IX Coordinator (or designee) will either assign a mediator or investigator as described below. The Title IX Coordinator (or designee) will notify the respondent that a complaint has been filed against them and provide the respondent a copy of the complaint. The Title IX Coordinator (or designee) will explain to both the complainant and respondent the avenues for informal and formal action as appropriate, including a description of the process and the relevant avenues of redress to the complainant and respondent and provide them a written summary of the process. The Title IX Coordinator (or designee) will notify the relevant vice-president/division head and the president of the union (if the respondent is a bargaining unit member) as soon as possible after receiving the complaint and provide the respondent, complainant, the relevant vice-president/division head and the union president (when appropriate) with a copy of the complaint. All investigations, whether resolved by informal or formal means, will be conducted as expeditiously as possible and normally will be completed within sixty (60) calendar days after receipt of the complaint, except where other circumstances require it. Holidays, days when the University has scheduled a recess, or emergency or other closings are not counted. With limited exceptions, the same process will apply during the University’s summer recess. Informal Procedures for Employee Violations of the Policy Mediation is an informal, voluntary process that allows the complainant and respondent involved in an alleged complaint of discrimination or harassment to discuss their respective understandings of the incident with each other through the assistance of a trained mediator. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate. Mediation is only offered as an option if both the complainant and respondent are employees of Rider University. Mediation is not appropriate for certain cases, such as alleged sexual assaults, even on a voluntary basis. Upon the consent of all parties to the complaint, the Title IX Coordinator (or designee), with relevant supervisors when appropriate, will seek an outcome through mediation to be conducted by University staff or an external professional engaged by the University. Any resolution through mediation also must be mutually agreed upon by all parties to the complaint. Both the complainant and respondent have the right to bypass or end the informal complaint process at any time in order to begin the formal stage of the complaint process. Rider University Anti-Harassment and Non-Discrimination Policy September 2015 13 Records arising from informal procedures will not be used for any purpose other than those described above unless a complaint subsequently results in a formal hearing or otherwise becomes part of a legal action. Since informal level records represent allegations not supported by formal findings of fact, they will be maintained in a confidential manner separate from any other records for four years. They will be destroyed after that period if no further allegations or formal complaints have been received concerning the same individual. Such records shall not be used as evidence of guilt or innocence in any investigation or hearing involving a future complaint involving the same respondent. The respondent is entitled to include a response to documents contained in the confidential personnel file(s). Formal Procedures for Employee Violations of the Policy If the allegation of harassment has not been resolved as a result of the informal procedures or is of the kind, in the Title IX Coordinator’s (or designee) opinion, that is not suitable to informal resolution, or if either the complainant or respondent request to begin the formal complaint process, a formal investigation will be initiated. The respondent will be afforded fourteen (14) calendar days from the date that the formal investigation was initiated to provide a written response to the allegations. A copy of any response will be provided to the complainant. The Title IX Coordinator (or designee) will either investigate the matter or assign the matter to an investigator (in either instance the “Investigator”) to promptly, fairly and impartially investigate the complaint. The investigation of all formal complaints will include, when appropriate, interviews of the (1) complainant, (2) the respondent, and (3) any witnesses and other persons who are identified as having relevant information and who agree to be interviewed. The complainant and respondent will have the opportunity to identify witnesses and other evidence for consideration. If the respondent is represented by a bargaining agent, the respondent may have that agent present at any interview with the Investigator. The Investigator will investigate the complaint and report the results, conclusions and recommended actions, if any, to the Title IX Coordinator (or designee) and the appropriate vice-president/division head. A summary of the report will also be provided to the complainant and respondent. Upon the recommendation of the Title IX Coordinator (or designee), the appropriate vice-president/division head will initiate disciplinary action as soon as reasonably practicable, when in their judgment it is appropriate, and will attempt to take whatever steps are necessary to prevent recurrence of the offending behavior and to correct its discriminatory effects on the complainant and others, if appropriate. The complainant, respondent, and the union president (when appropriate) will be informed of the final decision and any actions to be taken. The respondent is entitled to include a response to allegations, investigative findings, and documents included in the confidential personnel or student file(s), as the case may be. Implementation of, and challenge to, any disciplinary action will be handled according to applicable procedures, as provided by the relevant collective bargaining agreement. 14 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Appeals of Resolution of Employee Violations In instances where the complainant and respondent are members of the collective bargaining agreement, any appeal of a final decision will be governed by the appeal process outlined in the collective bargaining agreement. In instances where the complainant is a student and the respondent is an employee, the student appeal shall be handled by the Title IX Coordinator (or designee). A student seeking to appeal a final decision shall notify the Title IX Coordinator (or designee) in writing of the specific grounds for the appeal with seven (7) calendar days of the date of the final decision. The non-appealing party has seven (7) calendar days to respond to any written appeal. A non-appealing party is under no obligation to respond to any appeal. The Title IX Coordinator (or designee) shall review the record to determine if the final decision was within the bounds of the rationally available choices given the facts and standards set forth in the Policy. The Title IX Coordinator’s decision on the appeal shall be final. Investigating and Resolving Complaints of Student Violations of the Policy The University offers both informal (mediation) and formal (formal adjudication) procedures for promptly investigating and resolving complaints of student violations of the Policy in a fair, unbiased and impartial manner. Mediation is not appropriate for certain cases, such as alleged sexual assaults, even on a voluntary basis. All investigations, whether resolved by informal or formal means, will be conducted as expeditiously as possible and normally will be completed within sixty (60) calendar days after receipt of the complaint, except where the complainant agrees that a longer period of time would be appropriate or circumstances require it. Holidays, days when the University has scheduled a recess, or emergency or other closings are not counted. With limited exceptions, the same process will apply during the University’s summer recess. Mediation is an informal, voluntary process that allows the complainant and respondent involved in an alleged complaint of discrimination or harassment to discuss their respective understandings of the incident with each other through the assistance of a trained mediator. Mediation is designed to encourage each person to be honest and direct with the other and to accept personal responsibility where appropriate. Mediation is only offered as an option if both the complainant and respondent are students at Rider University. If either student is less than 18 years of age, the University may require that the minor student’s parent consent in writing to the student’s participation in the mediation. Mediation is not appropriate for certain cases, such as alleged sexual assaults, even on a voluntary basis. Formal Adjudication is the formal process for investigating complaints of student violations of the Policy. A complaint is formally adjudicated when it involves sexual assault, when the discrimination or harassment complaint has not been addressed as a result of mediation, or if either the complainant or respondent requests referral to Formal Adjudication as described below. Formal adjudication involves a fact-finding investigation along with a hearing or other related decision-making process to determine if the alleged incident occurred and what actions the University must take in response. A formal investigation is initiated by the Title IX Coordinator (or designee) as the first step in the process. Rider University Anti-Harassment and Non-Discrimination Policy September 2015 15 Mediation (Informal Procedures for Investigating and Resolving Complaints of Student Violations of the Policy) Confidentiality of the Mediation Process In order to promote honest, direct communication and a resolution through mediation, information disclosed in Mediation must remain confidential, except where disclosure may be required as set forth in this Policy, under law or as may be authorized by the Title IX Coordinator (or designee) in connection with responsibilities of the University. Mediation Process The mediation process will proceed as follows: 1. Initiating Mediation: In cases where Mediation is appropriate, the Title IX Coordinator (or designee) will discuss with the complainant and respondent whether or not they are willing to participate in Mediation. In addition, the mediation process can be initiated any time prior to the formal adjudication of the case. Both the complainant and respondent must agree to the Mediation in writing. 2. Assignment of a Mediator: Once the complainant and respondent have agreed to Mediation in writing, the Title IX Coordinator (or designee) will appoint a trained mediator (the “Mediator”) who will mediate the case. The Mediator will be appointed within fourteen (14) calendar days of the agreement of the complainant and respondent to participate in Mediation. The Mediator will contact the complainant and respondent to set the date, time, and location of the mediation session(s). Mediation Procedures 1. Persons Participating: Typically only the Mediator and the complainant and respondent will be participants in the mediation session(s). However, either the complainant or respondent may request and the Mediator in their sole discretion may permit each party to have a support person present. The extent of the participation of support person(s) in the mediation is subject to the sole discretion of the Mediator. 2. Mediation Process: During the mediation process, the Mediator normally will: (1) ask the complainant and respondent to give their versions of the incident, including both factual information and their feelings; (2) identify key issues; (3) seek the agreement of both the complainant and respondent on the issues; (4) facilitate discussion; and (5) work with both the complainant and respondent to develop a written document that will include a statement of agreement. No offers of apology or concessions are required to be made during the mediation. 16 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Mediation Outcomes 1. Mediation Resolution: Any statement of resolution by mediation will be incorporated into an agreement (the “Mediation Agreement”), to be signed by both the complainant and respondent, the Mediator, and will be approved by the Title IX Coordinator (or designee) before it takes effect. Any activity or behavior, or prohibition thereof, to which either the complainant or respondent has agreed in the mediation will be included in the Mediation Agreement. Since an individual’s entry into a Mediation Agreement is voluntary, there is no right to appeal by either the complainant or respondent from the terms of the Mediation Agreement once it has been signed by the complainant and respondent, the Mediator, and approved by the Title IX Coordinator (or designee). The approval of the Mediation Agreement by the Title IX Coordinator (or designee) constitutes a directive of the Title IX Coordinator requiring both the complainant and respondent to fully comply with all the terms of the Mediation Agreement. The Mediation Agreement will be kept on file at the Office of the Associate Vice President for Student Affairs. If either the complainant or respondent believes the terms of the Mediation Agreement have not been met by the other individual, they may contact the Title IX Coordinator, who will ask the Mediator or other designated person to investigate the allegation of noncompliance. The Title IX Coordinator (or designee) may take such action as he deems appropriate in response to the investigation of noncompliance with the Mediation Agreement, or at his sole discretion, the matter may be referred to an Investigator, followed by a hearing before a Board, if such further investigation and/or sanctions are warranted. 2. Non-Resolution and Referral to Formal Adjudication: If either the complainant or respondent is dissatisfied with the mediation process at any time prior to the signing of a Mediation Agreement, that party may request that the mediation process cease. In such a case, absent an express determination to the contrary by the Title IX Coordinator (whose discretion in such determination is exclusive and final), Formal Adjudication may only be pursued if the request is initiated within one (1) calendar year of the termination of the mediation process provided, however, that for good cause shown as determined in the sole discretion of the Title IX Coordinator, this period of time may be extended. In the event that Formal Adjudication occurs after some part of the mediation process has taken place but prior to any resolution at mediation, only the complaint form will be forwarded by the Title IX Coordinator (or designee) to the assigned Investigator. Formal Adjudication (Formal Procedures for Investigating and Resolving Complaints of Student Violations of the Policy) The formal adjudication process for investigating and resolving complaints of student violations of the Policy will be conducted as expeditiously as possible and normally will be completed within sixty (60) calendar days after receipt of the complaint, except where the complainant agrees that a longer period of time would be appropriate or circumstances require it, including when mediation is being conducted. Holidays, days when the University has scheduled a recess, or emergency or other closings are not counted. With Rider University Anti-Harassment and Non-Discrimination Policy September 2015 17 limited exceptions, the same process will apply during the University’s summer recess. For the purposes of this Policy, the formal adjudication process includes the fact-finding investigation along with a hearing or other related decision-making process to determine if the alleged incident occurred and what actions the University must take in response. The University may need to delay temporarily the fact-finding portion of the investigation if and when law enforcement authorities are gathering evidence. The length of time for evidence gathering by law enforcement authorities will vary depending on the specific circumstances of each case. Interim protective measures can be pursued during this time. Both the complainant and respondent will be updated on the status of the investigation, including when it is resumed. Investigation Confidentiality of the Investigation In order to comply with laws and regulations protecting education records of students and to provide an orderly process for the determination and consideration of relevant evidence without undue intimidation or pressure, the investigation findings are confidential. Investigation findings may not be disclosed except as described below or as required or authorized by law or as may be authorized by the Title IX Coordinator (or designee) in connection with responsibilities of the University. Investigation Process The investigation process will proceed as follows: 1. Assignment of Investigator: The Title IX Coordinator (or designee) will assign the matter to a trained investigator or investigators (the “Investigator”) to promptly, fairly and impartially investigate the complaint. 2. Conduct of the Investigator: The Investigator will promptly, fairly and impartially investigate the complaint. The Investigator may not privately discuss the facts or merits of the case with the complainant or respondent or with anyone acting on behalf of the complainant or respondent. The Title IX Coordinator (or designee) will provide the Investigator with a written copy of the complaint and any other supporting material. Investigation Procedures 1. Initiation of the Investigation: The Title IX Coordinator (or designee) will initiate an investigation by notifying the respondent that a complaint has been filed, informing the respondent of the nature of the complaint, and providing the respondent with a written copy of the complaint. The Title IX Coordinator (or designee) will explain the process and the relevant avenues of redress to the complainant and respondent and provide them a written summary of the process. The 18 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 respondent will be afforded seven (7) calendar days in which to provide a written response to the complaint, a copy of which will be provided to the complainant. During this seven (7) day period, the investigation may proceed forward. 2. Interviews: The investigation will include, where permissible, interviews of (1) the complainant, (2) the respondent, and (3) any witnesses and other persons who are identified as possibly having relevant information related to the allegation, and who agree to be interviewed. The investigation also will include a review of relevant documentation and other information the Investigator deems relevant. Investigation Outcomes 1. Investigation Report: The Investigator will prepare a written report (the “Investigation Report”) concerning the results of the investigation. The Investigation Report will be distributed to the complainant, the respondent, and the Title IX Coordinator (or a designee). If a Board hearing is held, the Board will also be provided with a copy of the Investigation Report. The respondent may respond in writing to the Investigation Report within seven (7) calendar days of the delivery date of the Investigation Report. Any response will be delivered to the Title IX Coordinator (or designee) for review. 2. Determination of Charges: The Title IX Coordinator (or designee) reviews the Investigation Report and any response, consult with the Investigator, and make a determination of whether sufficient facts exist to warrant a Formal Hearing. The Title IX Coordinator (or designee) also will determine what charges (e.g., “Discrimination,” “Sexual Assault,” “Sexual Misconduct,” or other forms of “Sexual Harassment” or other “Harassment,” or “Domestic Violence,” “Dating Violence,” or “Stalking”), if any, will be referred for a Formal Hearing. That determination will be communicated in writing to the complainant and respondent in the form of the Notice of Charges or other written communication as appropriate. A complainant whose request for Formal Adjudication is denied may appeal that denial to the Title IX Coordinator (or designee) within five (5) calendar days. The Title IX Coordinator (or designee) will then review the complaint and the Investigator’s report and all other available case material. The decision of the Title IX Coordinator (or designee) on the appeal is final and not the subject of further appeal. 3. Notice of Charges: If a Formal Hearing is deemed necessary, the Office of Community Standards will commence the hearing process by providing written notice to the respondent (“Notice of Charges”) stating: (1) the nature of the complaint; (2) the offense alleged (including references, as applicable, to the Standards of Conduct allegedly violated); (3) the name of the complainant; (4) the date, time and place of the Formal Hearing; (5) the date, time, and place of the pre-hearing meeting at which preliminary matters will be discussed as outlined in the “Pre-Hearing Meeting(s) and Determination of Witnesses” section that follows; and (6) the names of the Board members (the “Board”), including the presiding chair. The Notice of Charges is mailed to the respondent’s current local or other address on record with the University and is considered effective three (3) calendar days after such mailing or otherwise when actually received by the respondent, whichever occurs first. The Notice of Charges is simultaneously mailed Rider University Anti-Harassment and Non-Discrimination Policy September 2015 19 to the complainant’s current local or other address on record with the University along with the date, time, and place of a separate pre-hearing meeting at which preliminary matters will be discussed. 4. Request to Terminate the Investigation: Upon mutual consent, the complainant and respondent may seek to terminate a formal investigation, but the Title IX Coordinator (or designee), in consultation with the Investigator, may nevertheless determine, in his judgment and discretion, that the interests of the University community require the continuation of the formal investigation. Formal Hearing A Formal Hearing before the Student Anti-Harassment and Non-Discrimination Board (the “Board”) results if and when charges are determined by the Title IX Coordinator (or designee) as a result of the Investigation. The Formal Hearing must take place not more than fourteen (14) calendar days after delivery of the Notice of Charges to the respondent, unless the Board Chair, in their sole discretion, allows for a longer period of time. If a complaint is filed within sixty (60) calendar days of the respondent’s intended graduation, during a University recess or Summer Session, or in other circumstances where the Title IX Coordinator (or designee) determines that the complaint cannot otherwise be resolved in a timely manner, procedural options may be limited. In particular, a Formal Hearing under these circumstances may instead take the form of an administrative hearing by a designated Student Affairs employee appointed by the Title IX Coordinator (or designee). Confidentiality of the Formal Hearing Process In order to comply with laws and regulations protecting education records of students and to provide an orderly process for the presentation and consideration of relevant evidence without undue intimidation or pressure, the hearing process before the Board is confidential and is closed to the public. Documents prepared in anticipation of the hearing (such as the Investigator’s report, the Notice of Charges, or any written pre-hearing submissions), documents, testimony, or other evidence introduced at the hearing; or any transcript of the hearing itself, may not be disclosed except as required or authorized by law or as may be authorized by the Title IX Coordinator (or designee) in connection with responsibilities of the University. 20 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Hearing Process The hearing process shall proceed as follows: Composition and Purpose of the Board 1. Composition of the Board: The Board will be composed of three (3) impartial and trained, professional staff members of the University community appointed by the Title IX Coordinator (or designee). The Title IX Coordinator (or designee) designates one Board member to serve as the presiding chair of the Board (the “Board Chair”). 2. Challenge of Board Member: A complainant or respondent wishing to challenge the participation of any Board member must notify the Board Chair and the Title IX Coordinator (or designee) in writing, stating the reason(s) for the party’s objection. Such a challenge must be made in writing and delivered to the Board Chair and the Title IX Coordinator at 2083 Lawrenceville Road, Lawrenceville, New Jersey 08648-3099, Moore Library Room 108, within seven (7) calendar days of the mailing of the Notice of Charges to the respondent and complainant in the manner set forth in the Notice of Charges section. Except with respect to challenges to the participation of the Board Chair, the Board Chair determines whether the challenge has merit and reserves sole discretion to make changes in the Board’s composition at all times. In the event of a challenge to the participation of the Board Chair, the Title IX Coordinator (or designee) determines whether the challenge has merit and reserves sole discretion to appoint another Board member or other person as the Board Chair for a given hearing. 3. Conduct of the Board: The Board will seek to encourage an open exchange of information within the rules of confidentiality articulated in these procedures. While the Board’s procedures are designed to ensure due process for the complainant and respondent, the Board is not bound by the rules of criminal or civil procedures that govern judicial proceedings in court. Board members will serve as impartial fact finders and not as advocates for either the complainant or respondent. Once an individual has been named to the Board, they may not privately discuss the facts or merits of the case with the complainant or respondent or with anyone acting on behalf of either the complainant or respondent. The Board Chair will provide Board members with a copy of the Notice of Charges, the Investigation Report, the incident report, written statements, and list of witnesses and documents or other evidence submitted by the complainant and respondent in advance of the hearing date. Pre-Hearing Procedures 1. Pre-Hearing Submissions: No less than seven (7) calendar days prior to the hearing date, the complainant and respondent must provide the Board Chair with brief written statements describing their positions, a list of witnesses they propose to call, and copies of documents and a description of any other evidence they propose to present at the hearing. The Board Chair provides a copy of such written statements and documents to the other party as set forth below. In the absence Rider University Anti-Harassment and Non-Discrimination Policy September 2015 21 of good cause as determined by the Board Chair in their sole discretion, the complainant and respondent may not introduce witnesses, documents, or other evidence at the hearing that were not timely provided to the Board Chair as set forth above. The complainant and respondent are also responsible for securing the attendance of their proposed witnesses at the hearing. 2. Pre-Hearing Meeting(s) and Determination of Witnesses: The Board Chair will seek to schedule one or more pre-hearing meeting(s) with the complainant and respondent, either jointly or separately at the sole discretion of the Board Chair, no less than three (3) calendar days prior to the hearing date. At the meeting(s), the Board Chair will review hearing procedures with the complainant and respondent. The Board Chair will also review the list of proposed witnesses to assist the complainant and respondent in eliminating redundant testimony. At the pre-hearing meeting(s), the Board Chair will provide the complainant and respondent with a copy of the written statement, list of witnesses, and identification or copies of documents or other evidence submitted by the other individual. Hearing Procedures 1. Hearing Moderator: The Title IX Coordinator (or designee) may designate an administrator to act as a hearing moderator to be present at a hearing to control the hearing and ensure the hearing follows procedural guidelines. The moderator will be impartial and has no interest or input in the outcome of the hearing. 2. Persons Participating: Typically, the complainant and respondent, their respective advisors, the University’s counsel, the Board members and a moderator are the only individuals present at the hearing. The complainant and respondent may request of the Board Chair to have an advisor of their choice be present at the hearing and any related meetings. The advisor may not be an active participant in the hearing. Should either the complainant or respondent fail to appear at the scheduled hearing, the Board Chair may postpone the proceedings or the Board may proceed and determine the complaint on the basis of the evidence presented, provided the absent party was duly notified in advance of the scheduled hearing date as outlined above. The complainant and respondent are not required to be present at the hearing. However, the exercise of that right does not preclude the Board from proceeding and determining responsibility on the basis of the facts and circumstances presented. If requested, the University will make arrangements such that the complainant and respondent are not present in the same room at the same time as part of the hearing. 3. Recording: The Board Chair will arrange for the hearing to be audio-recorded. 4. Advisors: The complainant and respondent are each entitled to have one advisor of their choice present at the hearing before the Board. Advisors are not permitted to address the Board, examine witnesses or otherwise directly participate in the hearing on behalf of either party. Moreover, advisors will not receive notices, which might be sent to the complainant or respondent. 22 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 5. Conduct of the Hearing: The hearing before the Board will not follow a courtroom model. The Board Chair will determine the order of the witnesses and resolve any questions of procedure arising during the hearing. Absent extraordinary circumstances, the Investigator will not testify at the hearing unless approved by the Board Chair upon finding that the Investigator may have material information that cannot otherwise be provided to the Board. The complainant and respondent will not be expected to repeat undisputed details or non-material circumstances that would merely duplicate the written materials. The Board, in its discretion, may seek to have other persons speak at the hearing. Only the Board Chair and the Board may question the complainant, respondent, and any witnesses. However, the complainant and respondent may ask the Board Chair to pose additional questions or inquire further into specific matters by submitting these requests in writing. If necessary, a brief recess may be granted to allow the complainant and respondent an opportunity to prepare and submit such requests. The Board Chair is empowered to disallow any questions that are irrelevant or redundant. After all witnesses have been questioned, the complainant and respondent may make a closing statement and request a short recess to prepare their statement(s). If the Board determines that unresolved issues exist that would be clarified by the presentation of additional evidence, the Board Chair may recess the Board hearing and reconvene it for the presentation of additional evidence in a timely manner. A recess may not be based on the failure of witnesses to appear without good cause or on the proposed introduction of documents or other evidence that should have been presented at the pre-hearing meeting(s). 6. Impact Statement: During the hearing, the complainant may present the Board with a statement recommending a sanction (“Impact Statement”). The respondent will be provided an opportunity to respond to the Impact Statement. The Board is not bound by these statements in determining responsibility or the sanction. Witnesses other than the parties normally are not permitted at the Impact Statement phase of the hearing; however, the Board Chair reserves the sole discretion to authorize the presence of other persons. Hearing Outcomes 1. Standard for Responsibility Finding: All decisions by the Board will be made by majority vote. The Board first determines whether the respondent is responsible for the alleged discrimination/harassment (including, but not limited to, sexual assault, sexual misconduct, sexual harassment, dating violence, domestic violence or stalking) (the “Responsibility Finding”), and then, if appropriate, determine by majority vote the sanction to be imposed on the respondent (the “Sanction Finding”). A finding of responsibility must be supported by a “preponderance of the evidence.” “Preponderance of the evidence” means that the University establishes that it is more likely than not that the respondent is responsible for committing the act or acts complained of. If the respondent has been charged with “Sexual Assault,” the Board determines whether that charge has been established by a preponderance of the evidence. If the Board determines that there is not a preponderance of the evidence warranting a finding of sexual assault, the Board Rider University Anti-Harassment and Non-Discrimination Policy September 2015 23 then considers whether sexual misconduct or sexual harassment or other discrimination has been established by a preponderance of the evidence, whether or not such conduct or charge is specifically set forth in the Notice of Charges. 2. Sanction Findings: After the Board has made a Responsibility Finding, the Board may impose any sanction that it finds to be fair and proportionate to the violation and in the interests of the University community, including the respondent and complainant, and that is authorized for violations of the Student Code of Conduct (the “Sanction Finding”), including disciplinary probation, suspension, and expulsion. In determining an appropriate sanction, the Board may consider any record on the part of the respondent of past violations of the Student Code of Conduct, as well as the nature and severity of the violation(s) and any mitigating circumstances. The Board will consider as part of its deliberations whether the respondent poses a continuing risk to the complainant and/or University community. The University expects all cases involving a finding of sexual assault to involve consideration of the sanctions of suspension or expulsion. Any sanction imposed is based on a majority vote of the Board. All Sanction Findings require a finding that the sanction to be imposed is warranted by a preponderance of the evidence. 3. Sanction Levels: In instances involving student violations of the Policy, the charge(s) will correspond with the following sanction ranges, based on the severity of the alleged violation(s): a. b. c. d. e. f. g. h. Harassment/Discrimination (of a non-sexual nature) (Level 2 to Level 4) Sexual Assault (Level 1 to Level 2) Sexual Misconduct (Level 1 to Level 3) Sexual Harassment (Level 1 to Level 3) Sexual Discrimination (Level 1 to Level 3) Dating Violence (Level 1 to Level 3) Domestic Violence (Level 1 to Level 3) Stalking (Level 1 to Level 3) The above-referenced sanction ranges correspond with the sanction levels found in the University’s Student Code of Social Conduct as outlined in The Source (www. rider.edu/thesource). Please refer to page 27 of this booklet for detailed information regarding sanction levels. For purposes of any sanction finding under this Policy, a preponderance of the evidence standard will be utilized. 4. Effective Date of Sanction: Sanctions imposed by a Board are not effective until any timely administrative appeal of the decision by the respondent is completed. However, if advisable to protect the welfare of the complainant or the University community, the Board may include in its Determination Letter that any probation, suspension, or expulsion is effective immediately and will continue in effect until such time as the Title IX Coordinator (or designee) may otherwise determine in his sole discretion. The Title IX Coordinator (or designee) may suspend the Board’s determination pending exhaustion of an appeal, or allow the respondent to attend classes or participate in other University activity(ies) on a supervised or monitored basis. The decision(s) of the Title IX Coordinator (or designee) in this regard is in his sole discretion and is not appealable. 24 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 5. Determination Letter: Within ten (10) calendar days following the hearing, or such longer time as the Board Chair may for good cause determine, the Board will issue its decision in writing (the “Determination Letter”). The Determination Letter will be simultaneously mailed to the complainant’s and the respondent’s current local or other addresses on record with a copy provided to the Title IX Coordinator. (Should there be any change to the hearing result prior to the time it becomes final, the complainant and respondent will also be notified simultaneously in writing.) The Determination Letter will contain only the following information: (1) the name of the respondent; (2) whether the respondent has been found responsible or not responsible of the charges; (3) the sanction imposed, if any; and (4) procedures for filing an appeal. University policy neither encourages nor discourages further disclosure of the Determination Letter by either the complainant or respondent. The University encourages a student who wishes to disclose the Determination Letter to any other person to consult with legal counsel before doing so. 6. Early Resolution: The Board Chair may propose a resolution of a complaint and request for Formal Hearing, with the consent of the complainant, at any time in cases where the respondent wishes to acknowledge responsibility for the acts of discrimination/ harassment (including, but not limited to, sexual assault, sexual misconduct, or sexual harassment) and the respondent agrees to be subjected to a sanction. Appeal The complainant and respondent each may appeal the Board’s decision by notifying the Title IX Coordinator (or designee) in writing of the specific grounds for the appeal within seven (7) calendar days of the date of the Board’s decision. The non-appealing party has seven (7) calendar days to respond to any written appeal. A non-appealing party is under no obligation to respond to any appeal. All appeals are reviewed by an appellate panel (the “Appellate Panel”) consisting of three (3) impartial and trained University officials designated by the Title IX Coordinator (or designee). The Appellate Panel reviews the record presented to the Board with respect to the grounds for the appeal. The Appellate Panel will overturn a Board’s decision if it finds that the Board exceeded the bounds of the rationally available choices given the facts and standards set forth in the Policy. The decision of the Appellate Panel is based on a majority vote and that decision is final. Primary Prevention Programs and Ongoing Prevention and Awareness Campaigns As defined by federal regulation, primary prevention programs are programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions. Ongoing prevention and awareness campaigns are programming, initiatives, and strategies that are sustained over Rider University Anti-Harassment and Non-Discrimination Policy September 2015 25 time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution. The University’s primary prevention programs and ongoing prevention and awareness campaigns cover the following: • The University’s prohibition of all forms of discrimination, harassment, sexual assault, sexual misconduct, sexual harassment, dating violence, domestic violence and stalking. • The University’s Anti-Harassment and Non-Discrimination Policy, including a discussion on what it covers, how it works, the definitions of consent and policy violations, and the University’s obligation to promptly report, and fairly and impartially investigate and resolve all complaints of that policy. • Bystander intervention strategies which are safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. • Risk reduction information, which includes options designed to decrease perpetration and bystander inaction and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence. Provision of the University’s primary and ongoing prevention and awareness programs for students and employees is the joint responsibility of the Title IX Coordinator, Associate Vice President for Student Affairs, Director of Public Safety, and Prevention Education Coordinator Alcohol/Drug & Sexual Assault Prevention (ASAP). Primary Prevention Programs Rider University conducts annual primary prevention programs regarding sexual assault, domestic violence, dating violence and stalking for all new students, faculty, staff and administrators. The programs occur as follows: • At new student orientation during the summer and fall prior to the start of the academic year. Additionally, all new first year and transfer undergraduate students complete an online education program. • At new faculty orientation held each summer prior to the start of the academic year. • At new employee orientation held throughout the year. 26 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Ongoing Prevention and Awareness Campaigns The University also conducts ongoing prevention and awareness campaigns for all students, faculty, staff and administrators as follows: Faculty, Staff and Administrators • Annual notification of the Policy and available resources. • Annual training for Public Safety, Student Affairs, Residential Programs and Athletic staff. • Annual training for University faculty and staff who serve as investigators, mediators and hearing board and Appellate Panel members for addressing allegations of violations of the University’s Anti-Harassment and Non-Discrimination Policy. • Annual training for advisors of student clubs and organizations including intramurals and club sports. • Annual training for freshman seminar coordinators. • Annual training for all other faculty and staff via regularly scheduled or special department and divisional meetings. Students • Annual notification of the Policy and available resources. • Annual orientation for all new and returning student-athletes prior to the start of each academic year. • Annual training provided to sororities and fraternities, students clubs and organizations and to resident students via residence hall and other programming on both campuses. • Campus-wide events such as Take Back the Night, Stalking Awareness, The Clothesline Project, Rider Cash Cab, The Vagina Monologues, Denim Day, These Hands Don’t Hurt, Sexual Assault Awareness Month (April), Domestic Violence Awareness Month (October) and Safer Spring Break Awareness Week. Violation Levels and Consequences for Students Any Rider University student who engages in any act or conduct proscribed in this Policy may, upon finding of responsibility by the appropriate hearing authority, be subject to one or more of the following consequences. Violation Levels For every allegation of misconduct, with the exception of the Alcohol Policy, which has its own sanctioning guidelines, the University assigns a corresponding level of violation. Levels, ranging from 1 (most serious) to 5 (least serious), indicate the alleged seriousness of a violation. Levels also dictate consequences that may be imposed if a student is found Rider University Anti-Harassment and Non-Discrimination Policy September 2015 27 responsible for misconduct. The hearing authority ultimately determines a level of responsibility. A student may be charged at one level by the Community Standards administrator and the standards board or other hearing authority may find responsibility at a different level. Hearings are intended to allow a student to dispute the level of violation in addition to responsibility. Mitigating factors shall be taken into account by all hearing authorities, along with all relevant circumstances, in determining the appropriate consequence(s) to be assigned at that level. Level 1: a. The student may be expelled from the University indefinitely and possibly permanently. Expulsion may be immediate if warranted. b Or, the student must be dismissed for a minimum of one year. Dismissal may be immediate if warranted. c. As with any other separation from the University, students wishing to return to Rider must re-apply for admission to the Dean of Students. Students found responsible at this level are not entitled to a refund of tuition or housing costs. Level 2: a. The student may be dismissed from the University for a period not to exceed one year. b. If the option in “a” above is not warranted, then the hearing authority must remove the student from residency on campus and impose restrictions on that student’s access to campus areas. In the case of a commuter, the student shall be restricted from entry into non-academic buildings. c. As with any other separation from the University, suspended students wishing to return to Rider must re-apply for admission to the Dean of Students. In the case of removal from residency, students must apply for housing to the director of residence life. Students found responsible at this level are not entitled to a refund of tuition or housing costs. d. The student may be put on disciplinary probation for a specific time period. The hearing authority may impose any other consequence(s), other than dismissal, which it considers applicable including but not limited to, delay of diploma, non-attendance at commencement ceremonies, disallowance from entry to campus buildings or areas, loss of group recognition, recommended loss of Greek charter, personal counseling, community restitution, financial restitution, assigned tasks, etc. e. In every case at this level, except when dismissal is mandated, a fine of not less than $75 but not greater than $200 must be imposed. The fine may be per person when appropriate. 28 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Level 3: a. The student’s residency status may be terminated or altered, and he/she may be restricted from areas on campus. A commuter student may be restricted from some campus buildings or areas. In the case of removal from residency, the student(s) must apply for housing to the director of residence life. In the case of a commuter student, he/she shall be restricted from non-academic areas and unable to attend campus-wide events.) b. Students found responsible at this level are not entitled to a refund of housing costs. c. In addition to option “a,” a student may be put on disciplinary probation for a period of time. d. If the options in “a” and “b” above are not warranted, then the hearing authority shall impose a consequence of community restitution hours, or social restrictions for a specified time, during which certain privileges may be revoked including, but not limited to, ability to participate in extracurricular activities, ability to attend or sponsor events such as intramurals or Greek Week, ability to use campus facilities, etc. It may also impose any other consequence(s) which it considers applicable including, but not limited to, non-attendance at commencement ceremonies, assigned tasks, participation in counseling, etc. Note: A violation of the Alcohol Policy at this level requires participation in the Alcohol Education Program. e. In every case, at this level a fine of not less than $30 but not greater than $100 must be imposed. The fine may be per person when appropriate. Level 4: a. The student may have social restrictions imposed for a specified period during which certain privileges may be revoked which include, but are not limited to, participation in intramurals, Greek Week, or other social events, ability to visit other buildings or use certain facilities, etc. b. If the options in “a” above are not warranted, then the hearing authority must include a warning to the student regarding future violations. It may also impose any other consequence(s), excluding those in “a” above, which it considers applicable, including, but not limited to, restitution, assigned tasks, community restitution hours, participation in counseling. Note: A violation of the Alcohol Policy at this level requires participation in Alcohol Education Program. c. In every case at this level, a fine of not less than $20 but not greater than $50 must be imposed. The fine may be per person when appropriate. Rider University Anti-Harassment and Non-Discrimination Policy September 2015 29 Level 5: a. The hearing authority must impose a consequence of a general warning in the student’s file. It may also impose any other consequence(s) which it considers applicable, including but not limited to, community or financial restitution, assigned tasks, participation in the Alcohol Education Program, etc. b. In every case at this level, a fine not greater than $25 must be imposed. The fine may be per person when appropriate. Consequences a. Expulsion – Permanent termination of student status. b. Dismissal – Temporary separation of student from University. Such action may be deemed appropriate as a consequence for more serious or repetitious violation of campus regulations. Dismissal shall not be construed as a permanent separation from the community and conditions of readmission (if any are ordered) shall be stated in the hearing authority’s decision. Students dismissed for violations of University policy are considered eligible for readmission to the University, and must apply for readmission through the Dean of Students Office prior to their anticipated return date. c. Removal from Residence – Requirement that the housing contract of the individual with the University be voided and that the individual be removed from the residence halls within five days of the date of the hearing. Note: Removal from residency may occur at the discretion of the director of residence life, consistent with the University Housing agreement, for failure to comply with all applicable rules and regulations of the University exclusive of any community standards process. d. Alteration of Residence Status – Requirement that the residence location of the student be changed by the Residence Life Office within five days of the date of the hearing. e. Disciplinary Probation – Time period during which any future violations will likely result in either removal from residency or suspension from the University depending on the offense and the student’s community standards history. f. Social Restrictions – Restrictions from specific privilege(s), extracurricular activities, campus event(s), contact with person or organization, etc. g. Campus Restrictions – Restrictions from being present in campus buildings or areas. h. Community Restitution – Activities or actions designed to return to the community a portion of the goodwill that was taken away by the commission of the violation. Service to the community should be designed to better the social and/or physical environment of the University and its surrounding community. 30 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 i. Financial Restitution – Reimbursement for damage to or misappropriation of property. Restitution may take the form of appropriate services to compensate for damages. j. Fines – Monetary amounts imposed within the limits defined. Note: Due to historical precedent at WCC, this consequence for Westminster students shall be at the discretion of the hearing authority. k. Referral to Appropriate Counseling Services. l. Administrative Directive – A statement, written, oral, or as part of a University policy, from an administrator of the University to be complied with by student(s). May require refraining from conduct or completing an act. m. Alcohol Education Program – Includes alcohol education class, an online program, and other educational activities to be determined by the counseling center. n. Warning –  Notice to the student, in writing, that continuation or repetition of the conduct found wrongful within a period of time as stated in the warning, may be cause for more severe disciplinary action. o. Other consequences as warranted. New Jersey Campus Sexual Assault Victim’s Bill of Rights NJSA18A:61E-1 et.seq. Introduction A college or university in a free society must be devoted to the pursuit of truth and knowledge through reason and open communication among its members. Academic communities acknowledge the necessity of being intellectually stimulating where the diversity of ideas is valued. Its rules must be conceived for the purpose of furthering and protecting the rights of all members of the college community in achieving these ends. The boundaries of personal freedom are limited by applicable state and federal laws and institutional rules and regulations governing interpersonal behavior. Respect for the individual and human dignity is of paramount importance in creating a community free from violence, sexual assault and non-consensual sexual contact. The State of New Jersey recognizes that the impact of violence on its victims and the surrounding community can be severe and long lasting. Thus, it has established this Bill of Rights to articulate requirements for policies, procedures and services designed to insure that the needs of victims are met and that the colleges and universities in New Jersey create and maintain communities that support human dignity. Rider University Anti-Harassment and Non-Discrimination Policy September 2015 31 Bill of Rights The following rights shall be accorded to victims of sexual assault that occur: • on the campus of any public or independent institution of higher education in the state of New Jersey, and • where the victim or alleged perpetrator is a student at that institution, and/or • when the victim is a student involved in an off-campus assault. Human Dignity Rights: • to be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy • to have any allegations of sexual assault treated seriously; the right to be treated with dignity • to be free from any suggestion that victims are responsible for the commission of crimes against them • to be free from pressure from campus personnel to: ÿÿ ÿÿ ÿÿ ÿÿ report crimes if the victim does not wish to do so report crimes as lesser offenses than the victim perceives the crime to be refrain from reporting crime refrain from reporting crimes to avoid unwanted personal publicity. Rights to Resources on and off Campus: • to be notified of existing campus and community based medical, counseling, mental health and student services for victims of sexual assault whether or not the crime is formally reported to campus or civil authorities • to have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking such counseling • to be informed of and assisted in exercising: ÿÿ any rights to confidential or anonymous testing for sexually transmitted diseases, human immunodeficiency virus, and/or pregnancy ÿÿ any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases. Campus Judicial Rights: • to be afforded the same access to legal assistance as the accused • to be afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused • to be notified of the outcome of the sexual assault disciplinary proceeding against the accused. 32 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Legal Rights: • to have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported • to receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities • to receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault. Campus Intervention Rights: • to require campus personnel to take reasonable and necessary actions to prevent further unwanted contact of victims by their alleged assailants • to be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available. Statutory Mandates: • Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation • Each campus shall make every reasonable effort to ensure that every student at that institution receives a copy of this document • Nothing in this act or any Campus Assault Victim`s Bill of Rights developed in accordance with the provisions of this act, shall be construed to preclude or in any way restrict any public or independent institution of higher education in the State from reporting any suspected crime or offense to the appropriate law enforcement authorities. Rider University Resources • Title IX Coordinator/Associate Vice President for Human Resources Robert Stoto Moore Library, Room 108; (609) 895-5683; rstoto@rider.edu • Student Health Center Poyda C 1st floor, Lawrenceville campus; (609) 896-5060 weekdays Taylor Hall, Princeton campus; (609) 721-7100, x8222 weekdays • Counseling Center Zoerner House, Lawrenceville campus; (609) 896-5157 weekdays Williamson Hall, Princeton campus (609) 921-7100, x8275 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 33 • Division of Student Affairs Anthony Campbell, Dean of Students, Bart Luedeke Center, Lawrenceville campus; (609) 896-5101 Cindy Threatt, Associate Dean of Students, Scheide Student Center, Princeton campus; (609) 921-7100, x8263 • Department of Public Safety West House, Lawrenceville campus; Bristol Chapel basement, Princeton campus Both campuses: (609) 896-5029 (non-emergency); (609) 896-7777 (emergency) • Prevention Education Coordinator Susan Stahley Student Health Center; (609) 895-5721; sstahley@rider.edu; asap@rider.edu www.facebook.com/RUASAP Community Resources • Womanspace – 24-hour crisis center and information hotline 1860 Brunswick Ave., Lawrenceville NJ 08648; (609) 394-9000 Trained and sensitive counselors and advocates are available on the phone and in person to help the victim through the process and, at the victim’s request, will accompany her or him to the hospital, police station, or Public Safety office. All contact with Womanspace is confidential.  • NJCASA (NJ Coalition Against Sexual Assault) 3150 Brunswick Pike, Suite 230, Lawrenceville, NJ 08648 (609) 631-4450; info@njcasa.org, 24-hour statewide hotline: (800) 601-7200 • 2NDFLOOR www.2ndfloor.org; 1-888-222-2228 or text at (908) 280-0235 (4 – 8 pm) 2NDFLOOR is a confidential service and hotline for New Jersey youth and young adults • Lawrence Township Police Department 2207 Lawrenceville Rd., Lawrenceville, NJ 08648 (609) 896-1111 or 911 in an emergency • Princeton Police Department 1 Valley Rd., Princeton, NJ 08540; (609) 921-2100 or 911 in an emergency • Central Jersey Legal Services (for legal, visa and immigration related assistance) 198 West State Street, Trenton, NJ 08608 (609) 695-6249 34 Rider University Anti-Harassment and Non-Discrimination Policy September 2015 Hospitals • Capital Health, Regional (Helene Fuld) 750 Brunswick Ave., Trenton NJ 08638; (609) 896-6000 • Capital Health, 1 Capital Way, Pennington, NJ 08534; (609) 303-4000 • Princeton Healthcare System, 1 Plainsboro Rd., Plainsboro, NJ 08536; 1-800-460-4776 • Robert Wood Johnson University Hospital 1 Hamilton Health Place, Hamilton, NJ 08690; (609) 584-6666 Other Resources • Employee Assistance Program at Rider University provided by Business Health Services 1-800-765-3277; www.bhsonline.com (Username = Rider) Free, confidential 24/7 telephone, online and face-to-face support for Rider employees regarding relationships, life changes and challenges, and other issues. • FORGE www.forge-forward.org; AskFORGE@forge-forward.org; (414) 559-2123 FORGE provides support for transgender and gender non-conforming individuals. • LIFEWIRE www.lifewire.org; 1-800-827-8840 or (425) 746-1940 (24/7 crisis lines) LIFEWIRE addresses domestic violence issues in the LGBT community. • Sexual Assault Support and Help for Americans Abroad www.sashaa.org • National Dating Abuse Hotline www.loveisrespect.org; 1-866-331-9474; 1-866-331-8453 (TTY) • National Domestic Violence Hotline (NDVH) www.ndvh.org; 1-800-799-SAFE (7233); 1-800-787-3224 (TTY) NDVH provides support as well to the LGBTQ community at www.thehotline.org/is-this-abuse/lgbt-abuse. • Rape, Abuse & Incest National Network (RAINN) Hotline www.rainn.org; 1-800-656-HOPE (4673) RAINN offers confidential assistance 24 hours a day, 7 days/week. RAINN also offers assistance to men at www.rainn.org/get-information/types-ofsexual-assault/male-sexual-assault. • 1 in 6.org at https://1in6.org provides support to men who have had unwanted or abusive sexual experiences in childhood. If you are a victim of sexual, dating or domestic violence, get help as soon as possible. See pages 6-12 of this booklet to learn where and how to report the incident and where and how to seek medical and other assistance. Rider University Anti-Harassment and Non-Discrimination Policy September 2015 35 Safety is everyone’s responsibility No one has to do everything, but everyone can do something Bystander Interventions DIRECT: Directly placing yourself into a situation to prevent it from escalating further DELEGATE: Getting someone to intervene for you who can better handle the situation DISTRACT: Diffuse a situation by distracting those involved General Safety Tips—Risk Reduction • Be aware of your surroundings. • Let someone know where you are going. Make sure you have money and a charged cell phone. • Go places with a group and be sure everyone leaves together. • Never prop open residence hall doors. Don’t allow anyone in the residence hall who you don’t know. • Keep your room doors and windows locked. • If you engage in sexual activity, listen carefully and be sure to give and receive affirmative consent. You have the right to say NO to any unwanted sexual contact…NO means NO! • An intoxicated/incapacitated person cannot give consent. 2083 Lawrenceville Road, Lawrenceville, NJ 08648 www.rider.edu