Policy Against Sexual Misconduct, Sexual Harassment and Retaliation

Purpose

Seton Hall University (“Seton Hall” or the “University”) is committed to providing a working, learning and living environment that is free from unlawful discrimination, harassment and retaliation and strives to afford fair and equitable treatment to all members of the University community, regardless of their membership in any legally protected class. The purpose of this policy is to prohibit sexual misconduct, domestic violence, dating violence, and/or stalking in all forms and to prohibit retaliation for bringing a claim alleging a violation of this policy or participating in a review of any such claim. This policy will be administered in accordance with our Catholic mission and the teachings of the Catholic Church.

Scope

This policy applies to all University students, Trustees, Regents, non-Trustee and non-Regent members of all committees of the Board of Regents or the Board of Trustees, officers, priests, faculty, administrators, staff members, employees, volunteers, visitors, vendors, guests, persons residing in University housing, and persons occupying an office or other space on the University premises. This policy does not abridge or supersede an individual’s rights and remedies under the law.

Definitions

A. Sexual Misconduct. Sexual misconduct is unwelcome conduct of a sexual or gender-based nature that may adversely and unreasonably interfere with someone’s education or work. It is determined based on the perspective of a reasonable person in the same circumstances as the person experiencing the misconduct. It is a form of discrimination and includes acts of sexual assault or sexual harassment as defined below. Sexual misconduct can occur in person or through e-mail, the Internet, social media, or other technologies. Anyone, regardless of gender, affectional or sexual orientation, actual or perceived, or gender identity or expression, can be the victim of sexual misconduct.

i. Examples of sexual misconduct may include, but are not limited to:

- - Rape or nonconsensual sexual intercourse with any penetration.
  - Unwelcome touching, kissing, hugging, or massaging.
  - Unwelcome sexual advances, propositions, or requests for sexual favors or contact.
  - Indecent exposure.
  - Unwelcome remarks of a sexual nature or demeaning comments about a
    person’s gender, affectional or sexual orientation or gender identity/expression.
  - Unwelcome sexual innuendo or demeaning comments of a sexual nature, whether oral, written, or digital.
  - Insults or threats based on sex, gender, or sexual orientation.
  - Recording (whether by video, audio, photo, or any other digital medium) another person in a sexual or intimate context without his or her consent.
  - Sexual exploitation (for example, recording, posting or otherwise sharing the recording of another person in a sexual or intimate context without his or her consent).
  - Using force or coercion in furtherance of a sexual, romantic, or intimate interest.

B. Sexual Assault: (Non-consensual intercourse). Sexual assault is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of that person.

C. Sexual Assault: Non-consensual sexual contact. Nonconsensual sexual contact means the deliberate and unwelcome touching of another person’s intimate parts (sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person) without consent for sexual gratification or touching another with one’s own intimate parts, without consent, and for the purpose of sexual gratification.

D. Consent and Incapacitation.

i. Consent. Consent is the unambiguous, knowing, and voluntary agreement between the participants to engage in specific sexual activity. Consent must be demonstrated through mutually understandable words or actions clearly indicating a willingness to engage in that activity.

- - Past consent between the participants does not imply future consent.
  - Silence or the absence of resistance does not imply consent.
  - Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.
  - Consent can be initially given but may be withdrawn at any time.
  - Consent cannot be given under coercion, force, restraint, or threat.
  - Children and minors cannot consent in accordance with New Jersey law. N.J.S.A. 2C: 14-2.
  - Consent cannot be given when asleep, unconscious, or incapacitated.

ii. Incapacitation. Incapacitation is not being able to choose knowingly to participate in a sexual activity. A person who is voluntarily or involuntarily intoxicated or drugged to the point of incapacitation, asleep, unconscious, involuntarily restrained, or otherwise unaware, cannot give consent.

E. Sexual Harassment. Sexual harassment is unwelcome conduct of a sexual nature, including sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Hostile environment sexual harassment is based on a person’s actual or perceived gender and is conduct that a reasonable person would consider so offensive, severe, persistent, or pervasive as to interfere with a person’s ability to participate in educational or work activities, or programs. Sexual harassment can be verbal, written, graphic, physical or through digital, online, or social media communications. Sexual harassment may occur between persons of any sex/gender, and anyone can be sexually harassed. Harassment on the basis of sex may also occur without sexual advances or sexual overtones when conduct is directed at an individual or group because of their sex or gender.

Another form of sexual harassment, quid pro quo (Latin for “this for that”) harassment, occurs when submission to unwelcome conduct of a sexual nature is made, explicitly or implicitly, a condition of a person’s employment, education or participation in a University activity or program, or when rejection of such unwelcome conduct is used as the basis for decisions affecting the person’s employment, academic status or participation in a University activity or program.

F. Dating and Domestic Violence. Both dating and domestic violence are prohibited forms of misconduct under this policy and do not have to involve sexual interaction. They frequently involve a pattern of abusive behavior within an intimate relationship where one partner uses fear and intimidation to harm or control the other.

i. Dating violence is any act of violence committed against a person who is, or has been, in a social relationship of a romantic or intimate nature by a person accused of the violation. It can include verbal statements and/or physical actions such as name-calling, hitting, threat of physical harm, and/or damaging property. Under New Jersey criminal law, dating violence is prosecuted as a form of domestic violence.

ii. Domestic violence involves criminal acts that are committed against a current or former spouse, an intimate partner, a person with whom the parties have a child in common, or with whom they live or once lived. Under New Jersey law, domestic violence includes, but is not limited to, criminal acts of homicide, assault, threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, and stalking.

G. Stalking. Stalking is also a prohibited form of misconduct that does not have to involve sexual interaction. Stalking is a course of conduct (or series of acts) directed at a person on at least two or more occasions that would cause a reasonable person to fear for their personal safety or the safety of others or suffer substantial emotional distress. Stalking can include, whether directly or through third parties, the following: pursuing/following, unwanted communication, trespassing, surveillance, or other acts likely to intimidate, annoy, or alarm.

H. Retaliation. Retaliation is an act of intimidation, harassment, or reprisal against an individual for initiating a good faith complaint, participating in any proceeding under this policy or for otherwise exercising his/her rights under this policy or the law.

I. Preponderance of the Evidence. Preponderance of the evidence is defined to mean more likely than not. It is the standard of proof applied in determining responsibility under this policy.

Policy

A. Zero-Tolerance. As a Catholic institution of higher education, the University embraces Judeo-Christian values that proclaim the dignity and rights of all people. The University abides by all applicable federal and state laws that prohibit sexual misconduct, sexual harassment, domestic violence, dating violence, stalking, and retaliation, and does not unlawfully discriminate on the basis of sex, or gender in its education and work programs or activities as required by Title IX of the Education Amendments of 1972, 20 U.S.C. sec. 1681 et seq., and other applicable federal and state requirements.

Under this policy, sexual misconduct, sexual harassment, domestic violence, dating violence, and stalking, in all forms, and retaliation are strictly prohibited. The use of drugs or alcohol to facilitate sexual activity without consent is strictly prohibited

B. Procedure and Standard of Proof Applied to Determine Violation. Once a report is made, the University will initiate a prompt, thorough, and impartial investigation of allegations, pursue effective and reliable procedures and remedies, and seek to protect the rights of those involved. A finding that a violation of this policy occurred is made by applying a preponderance of the evidence standard.

C. Claims of Retaliation. Retaliation is a separate, serious offense under this policy and will be considered independently from the merits of the underlying allegation. Upon a finding that retaliation has occurred, the actor will be subject to disciplinary action up to and including, termination of employment or expulsion from the University as applicable.

D. Cooperation. All members of the University community have an obligation to cooperate in achieving the University’s goal of an environment free of sexual harassment, sexual misconduct, domestic violence, dating violence, stalking, and retaliation. To that end, and except for visitors, vendors and guests, all members of the University community to whom this policy applies, shall annually complete the attached certification and submit it to the Title IX Coordinator, and their respective Dean or department head, certifying that they fulfilled their harassment, discrimination and Title IX training obligations under the University’s Policy on Mandatory Compliance Training, and that they have reviewed and understand their rights and responsibilities under this Policy Against Sexual Misconduct, Sexual Harassment and Retaliation and the University’s Policy Against Discrimination, Harassment and Retaliation. All Deans and department heads shall annually complete the attached certification and submit it to the Title IX Coordinator, certifying that all priests, faculty, administrators, staff members, employees, volunteers (as applicable under the Volunteer Policy), persons residing in University housing, and persons occupying an office or other space on the University premises, within their respective School, College or department have fulfilled their training, review of policies and reporting responsibilities as set forth herein.

E. False Accusations. Anyone who knowingly makes a false accusation will be subject to appropriate action, which may include discipline up to and including, termination of employment or expulsion from the University, as applicable.

F. Prevention of Sexual Harassment, Sexual Misconduct and Retaliation. While the prevention of sexual harassment, sexual misconduct and retaliation is the responsibility of all members of the University community, managers and supervisors must set the example in treating all people with mutual respect and dignity, fostering a positive climate, and taking appropriate action when conduct is disruptive, provoking, discriminatory or otherwise unprofessional. Any manager or supervisor who receives a complaint of sexual harassment, sexual misconduct or retaliation, or otherwise becomes aware of possible sexual harassment, sexual misconduct or retaliation, must report such information promptly, even if the complainant or potential victim does not report to that particular manager/supervisor and even if the complainant or potential victim requests that the complaint not be escalated or investigated. Managers and supervisors who knowingly allow or tolerate harassment, sexual misconduct or retaliation, including the failure to immediately report such misconduct in accordance with this policy, are in violation of this policy and subject to discipline.

Reporting, Confidentiality, and Privacy

In an emergency, go to a safe place and call 911.

The Department of Public Safety can also provide assistance and contact the police. Public Safety can be reached at:

- South Orange Campus (400 South Orange Avenue, South Orange), (973) 761-9300
- Law School (One Newark Center, 1109 Raymond Blvd., Newark), (973) 642-8252
- Nursing Program at Brookdale Community College (3680 US-9, Freehold) (973) 761-9300 or Monmouth County Sheriff’s Office, (732) 224-2222 (who handles security at that site)
- Interprofessional Health Sciences Campus (340 Kingsland Street, Nutley), (973) 542-6600

A. Community Reporting Obligations. All members of the University community who learn of allegations of harassment and/or misconduct in violation of this policy (except those granted confidentiality in their role by law or policy) are required to report those allegations to the Title IX Coordinator or a Deputy Coordinator, consistent with Sections V.A. 6 and 7 below.

B. Individual Reporting. Anyone subjected to sexual harassment, sexual misconduct, domestic violence, dating violence, stalking, and/or retaliation is strongly encouraged to contact the applicable office or individual below, which can provide information about the variety of available reporting options and support services, (including counseling and medical help), and can assist in contacting law enforcement. The best person to contact depends on whether the individual wishes to make a confidential report or is a student or employee, but any individual listed below can assist in accessing resources.

1. Confidential Reporting for Students.
Communications made in confidence to a person with a legal privilege in the course of their professional work means that person cannot disclose the matter to anyone unless there is a risk of harm or permission is granted. Confidential and legally privileged resources can be found at:

- - - Counseling and Psychological Services, (973) 761-9500 or
      (973) 761-9300 after hours
    - Health Services, (973) 761-9175
    - Campus Ministry - South Orange and Interprofessional Health Sciences campuses (priests and other pastoral ministers acting as confidential, spiritual counsellors), (973) 761-9545
    - Law School Chaplain (as confidential, spiritual counsellor), (973) 642-8859

2. Confidential Reporting for Employees.

- - - A report can be made through Ethics Point, a confidential and anonymous reporting service via their web site,
      https://www.shu.edu/compliance/compliance-ethics-point.html or by phone at 1 (888) 236-7522.
    - The Employee Assistance Program offers confidential counseling for employees. More information is available at: https://www.shu.edu/documents/EAP-Overview.pdf or by calling (877) 622-4327.
    - Confidential reporting can be made to the priests and other pastoral ministers in Campus Ministry on the South Orange and Interprofessional Health Sciences campuses and the Law School Chaplain as long as they are acting in their role as confidential, spiritual counsellors.

3. Private Reporting for Students and Employees.
While the privilege of confidentiality is limited to persons with a recognized legal privilege, the following individuals will always respect an individual’s privacy and will not share private information beyond what is required under federal or state law. In some matters, the University may be required to take action, even if the person whose rights are alleged to have been violated does not wish to participate, including without limitation, when there is a threat of harm, a pattern of misconduct, involvement of a minor, actual or threatened violence, or use of a weapon. They will provide information about reporting options and procedures, assist in facilitating medical care, contacting law enforcement, and arranging other accommodations that may be needed.

a. If the report involves actions by a student at the South Orange Campus, please contact:

Karen Van Norman
Associate Vice President and Dean of Students
Deputy Title IX Coordinator
University Center, Room 237
Seton Hall University, 400 South Orange Ave., South Orange, NJ 07079
Phone: (973) 761-9076
Email: [email protected]

Tatum Colitz
Senior Associate Director of Athletics/ Senior Woman Administrator
Deputy Title IX Coordinator
Recreation Center, Room 4001B
Seton Hall University, 400 South Orange Ave., South Orange, NJ 07079
Phone: (973) 761-9494
Email: [email protected]

Anthony I. Turon, M.Ed., MBA
Assistant Dean of Students
Deputy Title IX Coordinator
University Center, Room 212
Seton Hall University, 400 South Orange Avenue South Orange, NJ 07079
Phone: (973) 761-9076
Email: [email protected]

b. If the report involves actions by a student in the Nursing Program at Brookdale Community College, please contact:

c. If the report involves actions by a student at the Law School, please contact:

Rochelle Outlaw Edwards, J.D.
Assistant Dean for Equity, Justice, and Engagement
Deputy Title IX Coordinator
One Newark Center, Room 302
Seton Hall University School of Law, 1109 Raymond Blvd., Newark, NJ 07102
Phone: (973) 642-8721
Email: [email protected]

d. If the report involves actions by a student at the Interprofessional Health Sciences Campus, please contact:

Toni Hindsman, M.A.
Director of EEO Compliance, Title IX Coordinator
Bayley Hall, Room 108C
Seton Hall University, 400 South Orange Ave., South Orange, NJ 07079
Phone: (973) 275-2513
Email: [email protected]

e. If the report involves actions by a student in the Immaculate Conception Seminary and School of Theology and Saint Andrew’s College Seminary, please contact:

Delica M. Reduque, M.S. Ed, PHR
Manager, Employee & Labor Relations
Deputy Title IX Coordinator- Immaculate Conception Seminary and School of Theology and Saint Andrew’s College Seminary
Martin House
Seton Hall University, 366 South Orange Ave., South Orange, NJ 07079
Phone: (973) 761-9284
Email: [email protected]

f. If the report involves actions by a Trustee, Regent, non-Trustee or non-Regent member of any committee of the Board of Regents or the Board of Trustees, officer, priest, faculty member, administrator, staff member, employee, any non-student residing in University housing, visitor, vendor or guest, on or off campus, please contact:

4. Reporting to Law Enforcement.
The University strongly encourages individuals to make a report to law enforcement of all incidents of sexual misconduct, domestic violence, dating violence, and/or stalking in addition to and/or separate from a report made to the University. Contact information for local law enforcement can be found below.

- - - South Orange Police Department – (973) 763-3000
    - Newark Police Department – (973) 733-6000
    - Nutley Police Department – (973) 284-4940
    - Clifton Police Department – (973) 470-5900
    - Monmouth County Sheriff’s Office – (732) 224-2222
    - Essex County Rape Care Center - 1(877) 733-2273 (Hot Line); (973) 746-0800 ext. 301 (staff)

Physical evidence, including documents, emails, texts, photos, videos, and clothing, should be preserved and law enforcement can always help in doing so.

5. A variety of additional resources, including off-campus confidential resources for students and employees, are listed on the Resources and Contacts page: https://www.shu.edu/title-ix/support-resources.html

C. Responsible Employees. All University employees, including all Resident Assistants (but not including Desk or Office Assistants) in Housing and Residence Life and graduate assistants, research assistants and teaching assistants, and all Trustees, Regents, non-Trustee and non-Regent members of all committees of the Board of Regents or the Board of Trustees, who do not have a legal privilege of confidentiality, are designated as “Responsible Employees” and are required to disclose any report, allegation or rumor of sexual harassment, sexual misconduct, domestic violence, dating violence, stalking and/or retaliation, regardless of when it occurred, to the Title IX Coordinator or Deputy Title IX Coordinator (see https://www.shu.edu/compliance/responsible-employees-titleix.html). All Responsible Employees shall annually complete the attached certification and submit it to the Title IX Coordinator, certifying that they have made appropriate disclosures in accordance with this policy.

D. Responsible Third Parties. All non-students residing in University housing, occupants of offices or other University space, volunteers required to enter into a Volunteer Agreement under the Volunteer Policy, and visitors, vendors and guests, who do not have a legal privilege of confidentiality, are designated as “Responsible Third Parties” and required to disclose any report, allegation or rumor of sexual harassment, sexual misconduct, domestic violence, dating violence, stalking and/or retaliation, regardless of when it occurred, to the Title IX Coordinator or Deputy Title IX Coordinator. All Responsible Third Parties shall, if required by the University, complete the attached certification and submit it to the Title IX Coordinator, certifying that they have made appropriate disclosures in accordance with this policy.

E. Matters Involving Children. In all matters involving the abuse, sexual or otherwise, of a child, the matter should be immediately reported to the New Jersey Department of Children and Families by calling 1-877-NJ ABUSE or 1-877-652-2873.

F. Serious or Immediate Threats to the University Community. In matters where there is a serious or immediate threat to the campus community, the University may issue a timely warning or emergency notification to the community of the threat.

Responsive Action

A. The University’s procedures for responding to allegations of violations vary depending on whether the alleged actor is a student, Trustee, Regent, non-Trustee or non-Regent member of any committee of the Board of Regents or the Board of Trustees, officer, priest, administrator, staff member, volunteer, visitor, vendor, guest, non-student residing in University housing, non-employee occupying an office or other space on the University premises, employee, faculty member, or non-member of the community.

B. Review of complaints against a Trustee, Regent, non-Trustee or non-Regent member of any committee of the Board of Regents or the Board of Trustees, officer, priest, faculty member, administrator, staff member, employee, volunteer, visitor, vendor, guest, non-student residing in University housing, or non-employee occupying an office or other space on the University premises, will be guided by:

- https://www.shu.edu/policies/guidelines-for-responding-to-complaints-of-sexual-misconduct-discrimination-harassment-and-retaliation.html
- https://law.shu.edu/students/policies/probation-grievance-committee-rules.html

C. Review of complaints against students will be guided by: The Code of Student Conduct or the Law School Honor Code.

- https://www.shu.edu/documents/Student-Code-of-Conduct.pdf;or
- https://law.shu.edu/documents/Honor-Code.pdf

D. The University reserves the right to take appropriate responsive action for violation of this policy, including the failure of a Responsible Employee or Responsible Third Party to fulfill their duties as set forth herein. Responsive action may include discipline up to and, including termination of employment or engagement, or expulsion from the University, University housing, offices or other University space, and/or termination of authorization to serve as a Volunteer. The University may also impose interim and/or protective measures prior to any finding or determination.

- South Orange Student: https://www.shu.edu/documents/Annual-Security-and-Fire-Safety-Report-South-Orange.pdf, p. 18.
- South Orange and Law School Employee: https://www.shu.edu/documents/Annual-Security-and-Fire-Safety-Report-South-Orange.pdf, p. 18
- Law School Student: https://www.shu.edu/documents/Annual-Security-Report-Law-School.pdf, p. 15

Sanctions are disclosed as required by law.

E. The University may refer non-members of the community to law enforcement, or ban or limit their entrance, or participation, in University activities.

Resources and Support

Information about important resources, including confidential medical, psychological, and ministerial counseling, as well as off-campus support services, can be found on the Resources Page, at https://www.shu.edu/title-ix/support-resources.html

Responsible Offices

Office of EEO and Title IX Compliance

Related Policies

Approved

Initially adopted and approved by Mary J. Meehan, Ph.D., Interim President, on the recommendation of the Executive Cabinet, on August 23, 2018.

First amended by Joseph E. Nyre, Ph.D., President, on the recommendation of the Executive Cabinet, on August 22, 2019.

Next amended by Joseph E. Nyre, Ph.D., President, on the recommendation of the Executive Cabinet, on June 30, 2020.

Effective Date

Initial: August 23, 2018
First amended: August 22, 2019
Next amended: June 30, 2020

Seton Hall University
Annual Title IX Certification
All Members of the University Community

As a Trustee, Regent, non-Trustee or non-Regent member of a committee of the Board of Regents or the Board of Trustees, officer, priest, faculty member (full or part-time, including adjunct), administrator, staff member, employee or Responsible Third Party, I hereby certify as follows:

1. I understand that I am required to certify to the Title IX Coordinator, on an annual basis, that I have fulfilled my harassment, discrimination and Title IX training obligations under the University’s Policy on Mandatory Compliance Training.

2. I have fulfilled my harassment, discrimination and Title IX training obligations under that policy.

3. I further understand that I am required to certify to the Title IX Coordinator, on an annual basis, or more frequently if required by the University, that I understand my rights and responsibilities under the University Policy Against Sexual Misconduct, Sexual Harassment and Retaliation, https://www.shu.edu/policies/policy-against-sexual-misconduct-sexual-harassment-and-retaliation.html and the University’s Policy Against Discrimination, Harassment and Retaliation, https://www.shu.edu/policies/discrimination-harassment-retaliation.html.

4. I have reviewed and understand my rights and responsibilities under both policies.

Responsible Employee or Responsible Third Party

If I am also a Responsible Employee or Responsible Third Party under the University’s Policy Against Sexual Misconduct, Sexual Harassment and Retaliation, https://www.shu.edu/policies/policy-against-sexual-misconduct-sexual-harassment-and-retaliation.html, I hereby certify as follows:

1. I understand that I am required to disclose any report, allegation or rumor of sexual harassment, sexual misconduct, domestic violence, dating violence, stalking and/or retaliation of which I am aware, regardless of when it occurred, to the Title IX Coordinator or Deputy Title IX Coordinators.

2. I have disclosed any and all reports, allegations or rumors of sexual harassment, sexual misconduct, domestic violence, dating violence, stalking and/or retaliation of which I was aware, regardless of when it occurred, to the Title IX Coordinator or Deputy Coordinators.

Dean or Department Head

If I am also a Dean or Department Head, I hereby certify as follows:

1. I understand that I am required to certify to the Title IX Coordinator, on an annual basis, that all priests, faculty, administrators, staff members, employees and Responsible Third Parties within my School, College or department have fulfilled their harassment, discrimination and Title IX training obligations under the University’s Policy on Mandatory Compliance Training, that they have reviewed and understand their rights and responsibilities under this Policy Against Sexual Misconduct, Sexual Harassment and Retaliation, and the University’s Policy Against Discrimination, Harassment and Retaliation, and that they fulfilled their reporting responsibilities as set forth herein.

2. I certify that that all priests, faculty, administrators, staff members, employees and Responsible Third Parties within my respective School, College or department have fulfilled their training, review of policies and reporting responsibilities as set forth herein.

* * *

I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to discipline, up to and including termination of employment, expulsion from the University, University office, space or housing and/or loss of authorization to serve as a volunteer.

Signature: _______________________________ ______________________________
Date
Print Name: ______________________________

CWID: ___________________________________