What is the Purpose of the Sexual Misconduct Policy?
The Sexual Misconduct Policy prohibits sexual assault, dating and domestic violence, sexual harassment, stalking and other gender based discrimination, misconduct and harassment.
The purpose of the Policy is to instill a climate of mutual respect and responsibility on matters associated with gender and sex. The Policy seeks to advance shared community values and foster equal educational and employment opportunities, access, and benefits.
Individuals who have been subjected to sexual harassment or misconduct are strongly urged to promptly report such incidents.
Drew University Policy for Addressing Formal Complaints of Sexual Misconduct
Sexual misconduct, including, but not limited to, sexual harassment, sexual assault, domestic violence, dating violence, stalking, and gender based harassment, is prohibited under state and federal law, as well as under Drew University’s Sexual Misconduct Policy. The policy is linked via pdf below.
Decorum Policy for Title IX Process
Title IX hearings are not civil or criminal proceedings and are not designed to mimic formal trial proceedings. They are primarily educational in nature, and the U.S. Department of Education, writing about Title IX in the Final Rule, “purposefully designed these final regulations to allow recipients to retain flexibility to adopt rules of decorum that prohibit any party advisor or decision-maker from questioning witnesses in an abusive, intimidating, or disrespectful manner.”
Title IX Relevance Policy
On May 19, 2020, the U.S. Department of Education issued Final Rules governing the Title IX grievance process, effective August 14, 2020. The Final Rule requires that all colleges and universities hold a live hearing before making any determination regarding responsibility for covered reports of Title IX sexual harassment, including sexual violence. This hearing must provide for live cross-examination by the parties’ advisors. Any question posed by the advisors must be evaluated for “relevance” in real time by the hearing officer.
According to Final Rule §106.45(b)(6)(i):
Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.
Drew University is a proud member of the SUNY Student Conduct Institute. Much of Drew’s training, documentation, policies, and guidance comes from our membership within this collective.