University Policies

September 21, 2026

Caldwell University Policies

This section includes many policies that pertain to students and the functions of the University. It is in no way meant to be exhaustive. Students should familiarize themselves with the appropriate catalog, departmental policies, and other sources of University information regarding student matters. If it relates to academics, refer to the Course Catalog.

ADA Grievance Policy

Grievance Procedure for Students with Disabilities

Caldwell University has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints regarding failure to provide reasonable accommodation required by Section 504 of the Rehabilitation Act of 1973 and/or the Americans with Disabilities Amendments Act of 2008. Students who believe that they have experienced disability discrimination, harassment or retaliation for such can seek resolution through the University’s Anti-Harassment/Discrimination Policy (please refer to Volume II of the Caldwell University Policy Manual; or the Institutional Policy Prohibiting Discrimination, Harassment, and Sexual Violence).

A. Informal Procedure (Optional)

At the student’s option, a request for review of classroom accommodations in order to assist a student with a disability may be initiated by making a written request to the Director of the Office of Accessibility Services. The Director will initially review the request to assess whether the student has provided appropriate professional documentation evidencing the need for the accommodations requested and to assess the classroom accommodation that has been provided to the student, if any.

The Director will notify the student of his/her assessment and, if an accommodation, different accommodation, or additional accommodation is recommended, will also notify the appropriate faculty member of that recommendation. If the student or faculty member is not satisfied with the outcome of the Informal Procedure, either or both of them may follow the Formal Procedure, below.

B. Formal Procedure:

A student or faculty member dissatisfied with a recommended classroom accommodation or a recommendation from the Director of the Office of Accessibility Services may file a written complaint and the basis for it in the Office of Accessibility Services within 10 calendar days after the designation of the accommodation or recommendation under the Informal Procedure, if applicable.
If the Director of the Office of Accessibility Services made a recommendation under the Informal Procedure, the written complaint should be filed within 10 calendar days with the Vice President for Academic Affairs.
The Director of the Office of Accessibility Services or his/her designee will investigate the allegations of the complaint. If the Director of the Office of Accessibility Services conducted an Informal Procedure, then, the Vice President for Academic Affairs will assign a designee to conduct the investigation.
All interested parties will be given the opportunity to present evidence relevant to the investigation.
Private medical information concerning the disability shall be kept confidential to the extent feasible and shall be disseminated only to those involved in the investigation on a “need to know” basis.
The Dean for Student Life will issue a written decision, and distribute copies of the decision to the interested parties no later than 30 calendar days after the complaint is filed, absent extraordinary circumstances. If the decision cannot reasonably be issued within that time due to extraordinary circumstances, then the Director will alert the parties of the same.
The Director of the Office of Accessibility Services will implement all appropriate remedial steps necessary to address any findings of failure to accommodate.
If either the student or faculty member chooses to appeal the decision, the appeal shall be made in writing within 10 business days of receipt of the decision. The appeal must be based on either (1) the claim that there is new evidence that was not previously available or (2) the claim that the investigation itself or decision rendered exhibited bias or other unfair treatment.
The appeal should be submitted to the Vice President for Academic Affairs.
The Vice President for Academic Affairs will render a final written decision and distribute copies of the same to all interested parties, including the Director of the Office of Accessibility Services, within 30 calendar days of the filing of the appeal. If the decision cannot be reasonably issued within the time frame because of extraordinary circumstances, then the Vice President for Academic Affairs will alert the parties of the same.

Alcohol and Other Drugs

Caldwell University is bound by the laws of the federal government and Title 24 of the Statutes of New Jersey, which prohibit the illegal possession, possession by consumption, use, or distribution of marijuana, cocaine, or other hallucinogens and narcotic drugs, as well as the underage use, possession, possession by consumption, or distribution of alcohol. Although New Jersey legalized the licensed sale and consumption of marijuana for those above the age of 21, institutions of higher education remain places where marijuana is still illegal. In addition, the University also prohibits the intentional misuse of over-the-counter products or prescription medication taken outside of the strict directions of the health professional prescribing the medication and/or to obtain a state of intoxication.

The University may request the assistance of law enforcement officials when illegal substances are uncovered in a residence hall or anywhere on campus. The University cannot and does not protect an offender against the penalties of the law. Law enforcement officers, when armed with proper documents, have the legal right to search any and all buildings on campus without prior notice. A civil or criminal conviction in a prior year could negate future financial aid.

Student athletes are also subject to Caldwell University’s Code of Student Conduct, as well as the Athletic Department’s Policies and Procedures in matters concerning alcohol and other drug use. In addition, within the Residence Halls, students are subject to the Residence Halls Rules and Regulations. Note that being held accountable in one venue on or off campus does not preclude students being held accountable in other venue(s) simultaneously.

Campus Regulations Governing the Use of Alcohol and Other Drugs

a. Violations of the University Drug Policy include the following:

1. Use, manufacture, possession, consumption, sale, distribution, or intent to distribute any amount of illegal or controlled drugs or other substances. The misuse or sale/distribution of prescription drugs is prohibited. Controlled substances include, but are not limited to, illegal drugs, prescription drugs not prescribed to the person in possession of or using such drugs.

2. Use or possession of drug paraphernalia or items that have been or can be used to smoke or ingest illegal drug substances (pipes, hookahs, bowls, bongs, and rolling papers), is prohibited.

3. Anyone in the presence of any other person on campus who is possessing, consuming, or selling drugs is in violation of University policy and/or law.

b. Violations of the University Alcohol Policy include the following:

1. No one under the legal age for drinking shall be served or allowed to sell, purchase, consume, have in their possession, or be in the presence of alcoholic beverages.

2. Failure to abide by the University policy permitting the consumption of alcoholic beverages only by persons of legal age at approved social functions when specific permission has been obtained from the appropriate authorities.

3. Even if there is no violation of federal, state, or local laws, students are prohibited from being intoxicated, encouraging or contributing to the intoxication of another person, participating in drinking games, or carrying open containers of alcoholic beverages outside the limits of the permitted social gathering.

4. Consumption of alcohol may not infringe upon the rights of others to sleep, study, or engage in appropriate activities.

5. The use of bulk containers of alcohol (kegs and beer balls) without prior permission is prohibited.

6. Failure to abide by the conditions set forth for permissible use and possession of alcoholic beverages by persons aged 21 or older.

a. Parties involving alcohol are prohibited in the residence halls. An alcohol party is defined as any gathering of residents where alcohol is being served or consumed and one or more of the following conditions exists:

I. there is obvious traffic in and out of the room/suite/ stairwell/hallway,

II. excessive noise exists, as determined by neighbors and/or staff, and/or

III. the total number of persons in the room/suite reaches or exceeds the maximum occupancy assigned to the room/suite (residents and allowed guests). [MJRH/Rosary Hall Doubles = 6 persons; MJRH Quads/Dominican Hall Suite = 12 persons]

Residents found hosting parties would be subject to disciplinary action. Guests attending a party will be subject to disciplinary action.

7. The sale of alcoholic beverages at events on campus (outside of properly licensed premises) is prohibited unless a valid license is obtained from the Township of Caldwell. License application is subject to the approval of the Office of Student Engagement.

8. Students will be held accountable for any vandalism, harassment, drunk and disorderly conduct, or other violations while under the influence of alcohol or drugs, whether or not the student is of legal drinking age.

Student Conduct Actions Related to Alcohol and Other Drugs

Students are expected to comply with all federal, state, and local laws and ordinances, as well as University policy. Criminal activity by a student, whether it takes place on or off campus, may be cause for conduct action. Alcohol and other drug-related incidents on campus, at off-campus University-related activities, or off campus are reportable to the Dean for Student Life and may qualify as criminal offenses that warrant arrest. Residence Hall incidents are also reported to the Director of Residence Life. All are referred to Counseling Services. Each case will be handled with the utmost care to benefit the student, University, and the campus community.

Minimum Sanctions for Sale or Distribution of Drugs, and Use or Possession of Drugs

Students involved in the use or possession of a controlled substance will be referred to the Dean for Student Life or designee, or Student Conduct Board. They will face substantial sanctions, which could include suspension or expulsion from the University. Students can be required to enroll and actively participate in a drug or alcohol counseling program or a rehabilitation program as a condition of continued enrollment.

1. Students involved in any way in the distribution or sale of any amount of controlled substances will be suspended from the University as a minimum sanction, even for a first offense.

2. The University reserves the right to suspend or evict a resident student from its residence halls for use or possession of a controlled substance at any time the student is in residence. These regulations are in addition to, not substitutes for, criminal sanctions provided for in municipal, state, and federal statutes. When required by law, violations of those statutes will be reported to the appropriate law enforcement agencies.

Minimum Sanctions for Violations of the Alcohol and Drug Policy

The hearing officer or Student Conduct Board may increase or add other sanctions depending on the circumstances of the violation.

First Offense: Student will complete an online module about drugs and/or alcohol and be placed on disciplinary probation.

Second Offense: $140.00 fine; completion of an online course directly related to the type of violation (alcohol and/or drugs); and one one-hour follow-up session with Counseling Services are required. The University will notify parents of students who are under 21 years of age about the violation.

Third Offense: $240.00 fine; three one-hour follow-up sessions with Counseling Services, consultation with the Dean for Student Life or designee, to determine whether possible suspension or expulsion from the University, a medical leave of absence, and/or probation is necessary. The University will notify parents of students who are under the age of 21.

Fines must be paid by the initial meeting date with Counseling Services; otherwise a “hold” will be placed on the student’s account, which will affect registration and class attendance for the following semester. No transcripts are issued until all fines have been paid. A “hold” will also be placed on a student’s account for failure to meet any aspect of the sanction, even if the fine is paid. The fines can be paid in the Office of Student Life.

Note that after being found responsible for three alcohol and/or drug offenses in an academic year, residential students’ housing contracts may be revoked.

Minimum Sanctions for Students Found in the Presence of Alcohol

If a student is found in violation of being in the presence of alcohol the following sanctions may be implemented:

First Offense: Student will receive a formal warning and must complete an educational assignment or module.

Second Offense: Student will complete an online module about drugs and/or alcohol and be placed on disciplinary probation.

Third Offense: $140.00 fine; completion of an online course directly related to the type of violation (alcohol and/or drugs); and a one hour session with Counseling Services are required. The University will notify parents of students under 21 years of age about the violation.

Alcohol and Drug Policy for Students

Alcohol and Other Drug Good Samaritan and Medical Amnesty

Good Samaritan

A Good Samaritan is any student who assists an individual who is showing any possible signs of alcohol poisoning or a drug overdose. In order to be considered a Good Samaritan, the student must:

1. Call for help: One of the persons calls 911 and notifies a campus official that a person is in need of medical assistance

2. Stay with the affected person: The first person making the 911 call (and, if applicable, up to two other persons acting in concert with the caller) remains on the scene with the person in need of medical assistance

3. Cooperate with authorities: The first person who called 911 (and if applicable, up to two other persons acting in concert with the caller) cooperates with medical assistance, law enforcement personnel, or any campus officials on the scene.

4. Meet with the Dean for Student Life or designee following the incident. Comply with any recommendations set forth as a result of that meeting.

A member of the Caldwell University community who follows the procedures stated above will not be subject to disciplinary measures related to the alcohol or drug violation on which he or she gives assistance.

Similarly, a member of the Caldwell University community who reports suspected sexual violence, including sexual assault, according to the Reporting Procedures, will not be subject to other disciplinary measures based on an alcohol or drug violation related to the incident on which he or she gives assistance.

Medical Amnesty

Those who receive medical treatment or undergo successful drug and/or alcohol rehabilitation following an incident involving the use of alcohol or drugs may be granted amnesty if the Good Samaritan policy was followed. If granted medical amnesty, the student will not receive the minimum sanction for a violation of substance. However, he or she must meet with the Dean for Student Life or designee and comply with any recommendations set forth. Failure to comply with the recommendations set forth as a result of that meeting may result in disciplinary actions.

In cases where a student has been transported to the hospital because of the abuse of alcohol or drugs, he or she will be required to present hospital discharge papers to the Associate Dean for Student Life on the next business day after returning to campus.

Emergency contacts will be notified for all substance related medical transports regardless of whether the student is over or under 21 years of age.

Anti-Hazing Policy

Caldwell University Communicable Disease Student Policy

Communicable Disease Reporting Procedures

Institutional Policy Prohibiting Discrimination, Harassment, and Sexual Violence

The University is committed to upholding standards that promote respect and human dignity in an environment fostering learning and professionalism. It is the policy of the University to maintain an educational and work environment free from all types of unlawful discrimination and harassment, an open environment which values and protects individual dignity and the integrity of human relationships.

The educational process at the University is based on mutual trust, freedom of inquiry, freedom of expression, and the absence of intimidation and exploitation. Such an atmosphere of respect and regard for individual dignity among members of the academic community is essential if the University is to function as a center of academic freedom and intellectual advancement. In addition, the University has a compelling interest in ensuring the provision of an environment in which learning and work may thrive. Such an environment requires free and unfettered discussion of the widest possible nature, one which encourages expression of all points of view. The University recognizes that the academic setting is distinct from the workplace in that wide latitude is required for professional judgment in determining the appropriate content and presentation of academic material. Assertions regarding any of the characteristics listed above, however, should be directly related to the exchange of ideas, ideologies, or philosophies. Any such assertions in the teaching context that are persistent, pervasive, and not germane to the subject matter may constitute sexual or another form of unlawful harassment and will not be tolerated.

Caldwell University, as a Catholic institution, has a tradition of respecting the dignity and rights of the individual; the University encourages its students and employees to be responsive to community and global concerns and to act with a sense of responsibility to self and others. In realizing this goal, every member of the campus community is responsible for ensuring that incidents of harassment do not occur and, if they occur, do not go unreported. Unlawful harassment is offensive to students, faculty, staff members, and employees of the University. Therefore, the University community will not tolerate unlawful harassment in any form.

The Caldwell University Coordinator for Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Titles VI and VII of the Civil Rights Act of 1964 and other laws and regulations prohibiting harassment and discrimination is:

Elizabeth Elices
Caldwell University
General Counsel
Compliance/Risk Officer
120 Bloomfield Avenue
Caldwell, NJ 07006
973-618-3429 • Fax 973-618-3358
(Title IX Coordinator)

Susan Dacey
Caldwell University
AVP Human Resources
120 Bloomfield Avenue
Caldwell, NJ 07006
973-618-3555 • Fax 973-618-3358
(Deputy Title IX Coordinator)

Questions about this non-discrimination policy and any complaints of harassment or discrimination shall be directed to a Title IX Coordinator. Students with questions or complaints related to disabilities, including the Americans with Disabilities Act, should refer to Volume VI of the Caldwell University Policy Manual for more information. Confidential services for students may be available through the Wellness Center. Please contact the Wellness Center directly for information about their confidentiality policies. Requests for confidentiality in all other reporting contexts, including anonymous reporting, will be considered on a case-by-case basis.

Disability Accommodations

This policy does not alter any institutional obligations under applicable federal or state disability laws, including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973, among others. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the complaint and resolution process that do not fundamentally alter the process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

If a Complainant or Respondent discloses a disability, the Title IX Coordinator or designee may consult, as appropriate, with The Office of Accessibility Services and/or Human Resources to provide support to students or employees with disabilities to determine how to comply with applicable law including, without limitation, Section 504 of the Rehabilitation Act of 1973 in the implementation of any Supportive Measures, or any other reasonable accommodations requested during the complaint and resolution process.

2.1.2.1 Policy Prohibiting Discrimination

Caldwell University does not discriminate on the basis of sex (including pregnancy and sexual harassment), race, color, age, national origin, disability, handicap, religion, status as a veteran, affectional or sexual orientation, gender identity or expression, marital status, domestic partnership or civil union status, or on the basis of any other characteristic protected by applicable federal, state or local law in employment or in the administration of its educational programs and policies, admissions policies, scholarship and loan programs, or athletic and other school- administered programs. Furthermore, Caldwell University prohibits retaliation against anyone who opposes unlawful discrimination, assists or participates in an investigation of a complaint of discrimination, or exercises that person’s rights under any law that forbids employment discrimination.

Policy Prohibiting Harassment

Caldwell University prohibits harassment of or by any employee(s) or student(s) on the basis of sex (including pregnancy and sexual harassment), race, color, age, national origin, disability, handicap, religion, status as a veteran, affectional or sexual orientation, gender identity or expression, marital status, domestic partnership or civil union status, or on the basis of any other such characteristic protected by applicable federal, state or local law. Harassment consists of unwelcome conduct, whether verbal, physical, or visual, in any form whether in person or through any medium, that is based on a person’s protected status. Examples of harassing conduct include but are not limited to stalking, epithets, slurs, jokes, teasing, kidding, bullying, negative stereotyping, threatening or hostile acts that relate to an individual’s protected status, and physical acts of aggression, assault or violence, regardless of whether these acts are being or have been investigated as criminal offenses by a law enforcement agency. Any written or graphic material, including any electronically transmitted or displayed material that likewise denigrates or shows hostility toward members of these protected groups, may also be considered harassment (keeping in mind the unique nature of the academic setting as outlined in section 2.1.2). Any act of domestic or dating violence is considered a form of harassment and is prohibited. A person does not have to be the direct target of harassment to make a complaint.

Caldwell will not tolerate harassing conduct that

1. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment;

2. Has the purpose or effect of unreasonably interfering with an individual’s work environment or performance;

3. Adversely affects tangible employment benefits;

4. Has the purpose or effect of creating an intimidating, hostile, or offensive study or learning environment;

5. Has the purpose or effect of unreasonably interfering with an individual’s study or learning experience; or

6. Adversely affects an individual’s tangible educational benefits.

Prohibitions Against Sexual Harassment

Sexual harassment deserves special mention. Sexual harassment occurs in a variety of circumstances that tend to share a common element, which is the introduction of sexual conduct or comments into the work or educational setting. Often, sexual harassment involves relationships of unequal power and contains elements of coercion, as when compliance with requests for sexual favors or sexual attention becomes a condition, explicitly or implicitly, of employment, work, education, study, or benefits. Sexual harassment may also involve relationships among equals, as when repeated sexual advances or demeaning verbal or physical behavior have a detrimental effect on a person’s ability to study or work at the University.

Sexual harassment is unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone’s ability to participate in or benefit from the University’s educational program and/or activities or work environment, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

Sexual harassment involves any one or more of unwelcome sexual advances, requests for sexual favors, and other visual, verbal or physical conduct based on sex when:

1. Such conduct has the purpose or effect of creating an intimidating, hostile or offensive working or learning environment or unreasonably interfering with an individual’s work or academic performance;

2. Submission to such conduct is an explicit or implicit term or condition of an individual’s employment or academic activities;

3. Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting that individual; or

4. Such conduct unreasonably interferes with/limits one’s ability to participate in or benefit from an educational program or activity.

Sexual harassment may include, but is not limited to, unwanted sexual advances; explicit sexual propositions; displaying sexually suggestive objects, pictures or materials; sexual innuendo; sexually-oriented verbal abuse; sexually suggestive comments; unwanted contact such as touching, patting, stroking, pinching, or brushing against another’s body; sexually oriented kidding, teasing or practical jokes; jokes about gender specific traits; foul or obscene gestures or language; stalking, gender-based bullying, and physical acts of sexual aggression, assault, or violence, regardless of whether these acts are being, or have been, investigated as criminal offenses by a law enforcement agency (such as rape, sexual assault or battery, and sexual motivated stalking) made against a person’s will or where a person is incapable of giving consent due to the victim’s age, intellectual disability, or use of drugs or alcohol. Sexual harassment involves unwelcome, gender-based verbal or physical conduct toward an individual which, although not motivated by sexual desire, would not have occurred except for that person’s gender.

Sexual Exploitation

Sexual Exploitation is purposefully taking sexual advantage of another person without consent. It may involve use of one’s own or another individual’s nudity or sexuality. Examples of Sexual Exploitation include, but are not limited to:

• Voyeurism (such as watching or taking pictures, videos, or audio recordings of another person in a state of undress or of another person engaging in a sexual act without the consent of all parties);

• Disseminating, streaming, or posting pictures or video of another in a state of undress or of a sexual nature without the person’s consent;

• Prostituting another individual;

• Knowingly exposing another individual to a sexually transmitted disease; or

• Knowingly assisting another person with committing an act of sexual exploitation.

Title IX Complaints

Sexual harassment that includes the following elements will be treated as a potential Title IX violation, and all investigation and/ or resolution will follow additional procedural requirements as described in the relevant sections of this policy.

1. The conduct is alleged to have occurred on or after August 14, 2020; and

2. A formal written complaint has been provided to the Title IX Coordinator; and

3. The alleged conduct occurred within the United States; and

4. The alleged conduct occurred on campus or within a location, event, or circumstances over which Caldwell University exercised substantial control over both the respondent and the context in which the alleged sexual harassment occured or in a building owned or controlled by a recognized student organization; and

5. The alleged conduct involves one or more of the following claims:

(i) An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); or

(ii) Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Caldwell University’s education program or activity; or

(iii) Sexual assault, dating violence, domestic violence, or stalking as defined in the Clery Act and the Violence Against Woman Act.

If any one of these elements are not met, the Title IX Coordinator will notify the parties that the formal complaint is being dismissed for the purposes of Title IX. Each party may appeal this dismissal. Notification will be sent simultaneously to the parties through their institutional email accounts.

Complainants are only able to file a Formal Title IX Complaint under this policy if they are currently participating in, or attempting to participate in, the education programs or activities of Caldwell University, including as an employee. To the extent that alleged harassment falls outside these Title IX requirements, or misconduct falling outside Title IX and/or the Discrimination and Harassment Policy is discovered in the course of investigating the alleged violation(s), Caldwell retains authority to investigate and adjudicate the allegations under the relevant policies and procedures defined within the Caldwell University Policy Manuals and Student Handbook. Note that behavior that does not violate these TItle IX definitions may still violate other portions of the Caldwell Discrimination and Harassment Policy. Caldwell will respect a complainant’s wishes not to pursue a formal complaint except when, in light of the known circumstances, the Title IX Coordinator determines a Formal Complaint is necessary. Caldwell University will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this policy.

Consent

Consent is clear, knowing and voluntary. It is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Incapacity invalidates consent.

Non-consensual sexual contact is any intentional sexual touching, however slight, with any object or body part, by a person upon a person, that is without consent and/or by force. Sexual contact is intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Sexual assault, also called non-consensual sexual intercourse, is any sexual intercourse, however slight, with any object or body part, by a person upon a person, that is without consent and/or by force. Intercourse includes: vaginal or anal penetration by a penis, object, tongue or finger, and oral copulation, no matter how slight the penetration or contact. This can include non-consensual oral sex.

Definitions Related to Consent:

“Incapacitation:” An individual who is incapacitated lacks the ability to make informed judgments and cannot consent to sexual contact. Incapacitation is the inability, temporarily or permanently, to give consent because an individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. Mentally helpless means a person is rendered temporarily incapable of appraising or controlling one’s own conduct. Physically helpless means a person is physically unable to verbally or otherwise communicate consent or unwillingness to an act. Where alcohol or other drugs are involved, incapacitation is a state beyond impairment or intoxication. Where alcohol or other drugs are involved, evaluating incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects a person’s: decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person. Evaluating incapacitation also requires an assessment of whether a person should have been aware of the complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a reasonable person. An individual who engages in sexual activity with someone the individual knows or reasonably should know is incapable of making a rational, reasonable decision about whether to engage in sexual activity is in violation of this policy.

“Coercion” can include a wide range of behaviors, including intimidation, manipulation, implied threats or blackmail which places a person in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity or gender expression and threatening to harm oneself if the other party does not engage in the sexual activity. Coercing an individual into engaging in sexual activity violates this policy in the same way as physically forcing someone into engaging in sexual activity.

“Force” is the use or threat of physical violence, intimidation, or coercion to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. Such action would cause a person to fear for their physical or psychological well-being. For the use of force to be demonstrated, there is no requirement that a complainant resists the sexual advance or request. However, resistance by the complainant will be viewed as a clear demonstration of non-consent.

Domestic Violence, Dating Violence, and Stalking

Domestic violence, dating violence, and stalking are violations of the Institutional Policy Prohibiting Discrimination and Harassment. Pursuant to the Violence Against Women Reauthorization Act of 2013, domestic violence “includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under [New Jersey laws], or by any other person against an adult or youth victim who is protected from that persons’ acts under the domestic or family violence laws of [New Jersey].” Dating violence is violence committed by someone “(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors:

i. The length of the relationship.

ii. The type of relationship.

iii. The frequency of interaction between the persons involved in the relationship.

Stalking is “a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.” Please remember that state or federal laws may have changed since the publication of this policy. NJ criminal law, N.J.S.A. 2C:12-10b, defines stalking as a crime where someone “purposely and repeatedly follows another person and engages in a course of conduct or makes a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily injury.” Legal definitions related to domestic violence are part of the New Jersey Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq.

The Clery Act and Safety Warnings

Certain campus officials have a duty to report certain crimes, including sexual misconduct, domestic and dating violence, and stalking for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime to ensure greater community safety. Mandated federal reporters include student/conduct affairs, campus safety officials, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously. Information shared publicly pursuant to Clery Act requirements will not include the name of the complainant or reporting individual.

University administrators must issue immediate timely warnings for incidents reported to them that are determined to pose a substantial threat of bodily harm or danger to members of the campus community. The University will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.

In situations where an arrest is made by law enforcement officials or a court issues a protective order (also known as a “restraining order”), the University will work in conjunction with law enforcement to support any relevant court mandates which affect the campus or accused’s student status. However, student conduct proceedings may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the University. Determinations or sanctions will not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules are later dismissed, reduced, or resolved in favor of or against the criminal law defendant.

Bias Incidents

A bias incident is conduct expressing bias towards an individual or group of individuals based on the basis of sex (including pregnancy), race, color, age, national origin, disability, handicap, religion, status as a veteran, affectional or sexual orientation, gender identity or expression, marital status, domestic partnership or civil union status, or on the basis of any other characteristic protected by applicable federal, state or local law. This does not include speech protected by federal or state law or by the principles of academic freedom. Some bias incidents may also be considered a form of prohibited discrimination and/or harassment. Individuals who are aware of or suspect a bias incident should contact the Bias Response Team or a Title IX Coordinator.

Reporting Procedures

All employees and students have the responsibility to ensure that Caldwell University’s non-discrimination and anti-harassment policies are effective. All University employees, unless designated as a confidential resource, are considered mandatory reporters. Any University employee who experiences, observes, hears or otherwise witnesses unlawful harassment or discrimination or who receives a report of unlawful harassment or discrimination by (1) University employees, (2) University students, or (3) third parties, in accordance with applicable law governing liability for third parties, must immediately notify a Coordinator identified in 2.1.2.1 above unless prohibited from doing so by law. Students who wish to report unlawful discrimination or harassment can also contact a Coordinator. If a report of discrimination or harassment alleges involvement of the Coordinator, then the report of discrimination or harassment may be made to:

Anthony Grosso
Dean for Student Life
120 Bloomfield Avenue
Caldwell, NJ 07006
973-618-3229

No employee or student is required to confront the alleged harasser or report their concern to the alleged harasser directly.

Individuals who believe they have been the survivor of sexual assault, domestic or dating violence, stalking, or feel that their safety may be in danger have the right to contact both Campus Security and local law enforcement. Survivors have the option to be assisted by campus authorities in notifying local law enforcement or may decline to notify such authorities. Both on and off campus resources, including those listed in Sections 2.1.2.12 through 2.1.2.14, can provide information regarding the availability of protective orders such as court-issued restraining orders. Individuals should be aware that preservation of evidence may be an important factor in obtaining protective orders and/or proving the offense occurred. Individuals who believe they have been the survivor of a sexual assault are advised not to shower, bathe, eat, drink, change clothing, or brush their teeth before seeking medical attention. Doing so could destroy evidence.

Amnesty for Students Who Report Sexual Misconduct

The University encourages reporting and seeks to remove any barriers to reporting by making the procedures for reporting transparent and straightforward. The University recognizes that an individual who has been drinking or using drugs at the time of the incident may be hesitant to make a report or provide information in connection with an investigation under this Policy because of potential disciplinary action related to their own conduct. When information is uncovered through the Title IX investigative process that involves alcohol or drug usage in violation of the student Code of Conduct, this information generally will not be used to pursue any disciplinary action for alcohol or drug use, provided that any such violations did not and/or do not place the health or safety of any other person at risk. The University may, however, require educational discussion or pursue other educational remedies regarding alcohol or other drugs.

Optional Informal Resolution Process

The Coordinator will determine whether the complaint is suitable and appropriate for potential resolution through an informal process. If both parties wish, they may request to first pursue an informal resolution of their complaint. If the subject matter of the informal resolution process includes a Title IX complaint, both parties must first provide voluntary informed, written consent prior to the start of the informal resolution process. Both parties have the right to withdraw from an informal resolution process at any time prior to agreeing to a resolution. Informal resolution is a form of alternative dispute resolution. It may include mediation or employing other resources on or off campus to resolve the situation. Complaints alleging certain actions are not eligible for informal resolution, such as allegations of violence, patterns of behavior, undue influence of coercion, or retaliatory behavior. Informal resolution is not available if a student files a complaint alleging sexual harassment by an employee. Records of all informal resolution process attempts, whether completed or incomplete, will be maintained for seven (7) years. These records cannot be expunged.

Interim Safety Measures

In terms of a Title IX complaint, the following interim measures will be available equitably to both students and employees and may be imposed immediately hereunder notwithstanding any provision to the contrary in any other policy including Volume IV. In some circumstances, interim safety measures may be taken to protect the physical safety of students or employees pending the final outcome of the investigation and resolution process. This includes no contact orders and removal from campus. In circumstances not involving a TItle IX complaint, other interim measures may also be available.

Emergency Removals in Title IX Matters

An emergency removal is not a determination of responsibility and a respondent is still entitled to a presumption of nonresponsibility in a subsequent resolution process. Prior to the removal, Caldwell will undergo a five step process:

1. Prompt individualized safety and risk analysis

2. Confirmation of immediate threat to the physical safety of any student or individual arising from the allegations of sexual harassment

3. Evaluate the applicability of disability laws to the removal decision

4. Consider the appropriateness of supportive measures in lieu of emergency removal

5. Provide the respondent with notice and an immediate right to challenge the emergency removal

Interim Supportive Measures

Both parties have access to support services throughout an investigation and resolution process. This may include, but is not limited to, security escort services and counseling services on and off campus. These services are also available whether or not a formal complaint is made.

Investigation Procedures

Caldwell University will conduct a prompt, thorough and impartial investigation of all incidents of potential harassment or discrimination that come to Caldwell’s attention and take corrective or disciplinary action when appropriate. Allegations by or against a faculty member will be investigated by a trained team that includes at least one faculty member; allegations by or against a member of the staff will be investigated by a trained team that includes at least one staff member, and allegations by or against a student will be investigated by a trained team that includes at least one representative of Student Life.

Each party shall have the opportunity to identify witnesses and other evidence which he or she believes is relevant to the investigation. Caldwell University will evaluate all relevant information and documentation relating to a complaint or report of discrimination or harassment. In investigations involving a Title IX complaint, all evidence collected during the course of the investigation that directly relates to the allegations will be available to both parties for review. Each party will have ten days to inspect the evidence and provide a written response to the investigators. The investigative team will consider any written response prior to finalizing the investigation report. Parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins.

All investigations shall be conducted in a sensitive manner. The investigation and outcome will be shared only with those who have a need to know. The investigation report will be provided to both parties at the conclusion of the investigative phase. The parties have the right to submit a written response to the investigation report. If a hearing is scheduled, it will be scheduled no less than 10 business days after the investigation report is provided to the parties. In all investigations involving an alleged Title IX violation, Caldwell will send the evidence made available for each party and each party’s advisor to inspect and review. Caldwell is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access. The parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report. Parties may request a reasonable extension.

The investigation and hearing process shall not use, rely on, or seek disclosure of information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. A party’s medical, psychological, and similar treatment records shall be protected and may not be used in the investigation and hearing process unless Caldwell has obtained the party’s voluntary, written consent to do so.

The complainant and the respondent will be kept advised of the progress of the investigation, informed when the investigation has concluded, and apprised in writing of the findings and recommendations of the investigative team. Title IX records are maintained by the Title IX Coordinator for seven (7) years; documentation of Title IX sanctions are copied to the appropriate office (sanctions imposed against faculty are copied to the Vice President for Academic Affairs, sanctions imposed against students are copied to the Dean for Student Life and sanctions imposed against non-faculty employees are copied to the Dean for Student Life or designee. Any record related to a Title IX complaint and/or investigation cannot be expunged.

Advisor of Choice

Both parties have the right to an advisor of their choice throughout the investigation and resolution process. During the investigation process, the advisor may attend any meetings and may provide advice to the party. The advisor may not speak on behalf of the party during the investigation phase.

Due to Caldwell’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other University policies, Caldwell cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. Caldwell will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice, and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by Caldwell.

Notice of Allegations in Title IX investigations

The Title IX Coordinator will draft and provide the Notice of Allegations to any party to the allegations of sexual harassment that are subject to Title IX procedures. Such notice will occur as soon as practicable, after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances.The parties will be notified by their institutional email accounts if they are a student or employee, and by other reasonable means if they are neither.

The institution will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.

The Title IX Coordinator may determine that the Formal Complaint must be dismissed and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.

Contents of Notice

The Notice of Allegations will include the following:

1. Notice of the formal and/or informal resolution process.

2. Notice of the allegations potentially constituting a Title IX violation and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the alleged conduct; and the date and location of the alleged incident,

if known.

3. A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.

4. A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, as required under 34 C.F.R. § 106.45(b)(5)(iv); and

5. A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi).

Multi-Party Situations

The institution may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.

Allegations Potentially Falling Under Two Policies

If the alleged conduct, if true, includes conduct that would constitute a Title IX violation and conduct that would not constitute a Title IX violation, the Title IX procedures will be applied in the investigation and adjudication of all of the allegations.

Hearing Board for Complaints Involving Students

With regard to complaints involving students, if the investigators determine that there is reason to believe that these policies prohibiting discrimination and harassment have been violated, a Hearing Board will be formed. If the respondent is a student, the Student Conduct Board will serve as the Hearing Board. If the respondent is not a student, the members of the Hearing Board will be selected by the Dean for Student Life or designee, in consultation with Human Resources, the Compliance Manager, and/or the Faculty Council President, based on the status of the complainant and respondent. For Complaints where a faculty member is a respondent, the Hearing Board shall include at least one faculty member. There shall be an odd number of members on the Hearing Board. An initial meeting of the Hearing Board will be scheduled promptly. Neither the Title IX Coordinator nor any investigator involved shall be a member of the Hearing Board. The investigator(s) will present their findings and recommendations to the Hearing Board. All individuals serving on a Hearing Board must complete all relevant training within one year prior to the date of the proceedings.

Both the complainant and the respondent will be invited to attend the initial meeting of the Hearing Board. The Hearing Board may accommodate any individual with concerns for their personal safety, well-being, and/or fears of confrontation during the meeting by providing separate facilities and/or by permitting participation by other means as determined by the Hearing Board to be appropriate. This may include a live proceeding in which the parties are located in separate rooms but participate using technology that allows them to see and hear the proceedings simultaneously. Both parties will be entitled to be accompanied to any proceedings by an advisor of their choice. Documentation of the proceedings of the meeting will be made available to both parties.

If the Hearing Board determines, based on the available evidence, that more likely than not the respondent has violated University policies prohibiting discrimination or harassment, appropriate corrective or disciplinary action will be taken against the offending individual. This standard is known as the “preponderance of the evidence.” Corrective or disciplinary action may include, but is not limited to, education, training, probation, suspension, termination of contract, termination of employment and/or expulsion from the University. Decisions of the Hearing Board will be made by majority vote. Both the complainant and the respondent will be informed when the Hearing Board has made its decision and apprised in writing of the outcome. Such information will be sent to both parties concurrently if possible.

If the Hearing Board determines that no violation of Caldwell’s policy prohibiting discrimination or policy prohibiting harassment occurred, it will prepare a report of its findings and notify the complainant and the respondent in writing.

Additional Procedures for Title IX Matters

If the matter includes an alleged Title IX violation, both parties must be represented by an advisor. If a party has not chosen an advisor, an advisor will be provided at no cost to the party. Each party’s advisor is permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live proceeding must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally, unless the Hearing Board has restricted the extent to which advisors may participate in the proceeding, pursuant to state and federal law. 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 Hearing Board must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. A Hearing Board may require that questions be submitted in advance. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are “irrelevant,” unless (1) such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or (2) the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. Other forms of evidence and information not relevant include but are not limited to: information protected by a legally recognized privilege; evidence about a complainant’s prior sexual history, and any party’s medical, psychological, and similar records unless the party has given voluntary, written consent; questions and evidence otherwise prohibited by law. Repetitive questions may also be deemed irrelevant.

If neither a party nor their advisor appear at a Title IX hearing, Caldwell will provide an advisor to appear on behalf of the non-appearing party. No party may waive their right to a live proceeding but their presence is not mandatory. If a party or witness does not submit to cross-examination at the live proceeding,the Hearing Board cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross examination or other questions. The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence. A party is permitted to call an “expert witness” in a Title IX hearing.While the expert witness will be allowed to testify and be crossed, the Hearing Board will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.

During a Title IX Hearing, Caldwell will admit and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed to testify and be crossed, the Hearing Board will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses.

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the Hearing Board may draw an adverse inference as to that party or witness’ credibility.

An audio or audiovisual recording, or transcript, of the proceedings will be created, which will be made available for the parties’ review.

Procedures for Complaints Not Involving Students

All complaints or reports alleging discrimination or harassment will be investigated by an investigative team constituted pursuant to this policy. The Executive Director, Human Resources or designee will issue a determination as to whether or not the policies prohibiting discrimination and harassment have been violated, and, if so, what appropriate corrective or disciplinary action will be taken. The standard of evidence used will be a preponderance of the evidence. If sanctions are proposed against a faculty member, then relevant Volume IV procedures will be invoked.

Appeal Procedures

Appeal Procedures for Complaints Involving Students

If either party is not satisfied with the decision of the Hearing Board or the dismissal of a complaint, he or she has the right to file a written appeal with the Dean for Student Life or designee within five (5) working days of their receipt of the decision or dismissal. The appeal must state specific reasons why the party believes the decision was improper, based on one or more of the following grounds:

1. A procedural irregularity that affected the outcome of the matter (e.g., substantiated bias or material deviation from established procedures, etc.);

2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the outcome of the matter. A summary of this new evidence and its potential impact must be included;

3. The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.; and/or

4. The sanctions imposed are substantially disproportionate to the severity of the violation.

If a formal signed appeal is filed, an Appeals Board will be formed within ten (10) working days and will promptly schedule a meeting to review the appeal. Members of the Appeals Board will be selected by the Dean for Student Life or designee. All members of the Appeals Board must have completed any relevant training within one year prior of the date of the proceeding. There shall be an odd number of members of the Appeals Board. When one party appeals, the other party must be notified in writing. Both parties must be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the responsibility determination or dismissal.The Appeals Board will make its decisions based on a majority vote. The original findings and corrective or disciplinary action, if any, will stand if the appeal is not timely or substantively eligible, and the decision is final. The party requesting appeal must show error as the original findings and corrective or disciplinary action, if any, are presumed to have been reasonable and appropriate.

If the Appeals Board determines that new evidence should be considered, it will return the complaint to the Hearing Board for the limited purpose of reconsidering the complaint in light of the new evidence. The findings and recommendation following reconsideration of the Hearing Board are final.

If the Appeals Board determines that a material procedural error occurred, it will return the complaint to the Hearing Board with instructions to reconvene to cure the error. The findings of the reconvened Hearing Board are final. In rare cases, where the procedural error cannot be cured by the original Hearing Board (as in cases of perceived bias), the Appeals Board may require that there be a new hearing regarding the complaint with a new Hearing Board. The findings of the new Hearing Board can be appealed, once, on the four applicable grounds for appeals.

If the Appeals Board determines that the corrective or disciplinary action imposed are disproportionate to the severity of the conduct of the respondent, the Appeals Board will return the complaint to the Hearing Board, which will then modify the corrective or disciplinary action. This Hearing Board’s decision in this regard is final.

All decisions of the Appeals Board shall be made in writing and include its rationale. The decision will be provided to the parties simultaneously.

Supportive measures may remain in place throughout the Appeal process as needed.

Appeal Procedures for Complaints Not Involving Students

If either party is not satisfied with the determination of the Executive Director of Human Resources, he or she has the right to file a written appeal with the xyz within five (5) working days of their receipt of the findings. The appeal must state specific reasons why the party believes the decision was improper, based on one or more of the following grounds:

1. A procedural irregularity that affected the outcome of the investigation (e.g., substantiated bias or material deviation from established procedures, etc.);

2. To consider new evidence, unavailable during the original investigation, that could substantially impact the outcome of the matter. A summary of this new evidence and its potential impact must be included;

4. The sanctions imposed are substantially disproportionate to the severity of the violation.

Within ten (10) working days of their receipt of the written appeal, the xyz will meet with each party. The written decision of the xyz shall be issued within five (5) days of the latter of these two meetings and shall be final. All decisions of the Vice President for Administration and Operations shall be made in writing and include the rationale. The decision will be provided to the parties simultaneously.

Supportive measures may remain in place throughout the Appeal process as needed.

Revocation by Operation of Law

Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 Alcohol and Other Drug Good Samaritan and Medical Amnesty (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this policy, this policy, or the invalidated elements of this policy, will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication. Should any policy be revoked in this manner, any conduct covered under that policy shall be investigated and adjudicated under the existing Discrimination and Harassment Policy.

Grievance Procedures for Complaints Involving Faculty

Any faculty member may pursue a grievance pertaining to a complaint that was dismissed due to the allegations being found not to meet the definition of Sexual Harassment if the requirements of Section 4.14.1 are otherwise satisfied. If the sanction is a recommendation of dismissal for cause or termination of tenure, the procedures outlined in Volume IV, Section 4.7.5, “Termination of Tenure,” or 4.8.5, “Dismissal for Cause,” will be invoked following the completion of the resolution process.

Prohibition of Retaliation

Caldwell University prohibits retaliation of any kind against any person who makes a complaint of discrimination or harassment, opposes discrimination or harassment, or testifies, assists or participates in an investigation, proceeding or hearing related to a complaint of discrimination or harassment of a complaint is prohibited. Retaliation includes, but is not limited to, any form of intimidation, coercion, reprisal, harassment or treatment based upon retaliatory motive that is reasonably likely to deter protected activity.

Initiating a complaint or participating in an investigation will not affect an individual’s employment, compensation, or work assignments or, in the case of students, grades, class selection, or any other matter pertaining to student status.

False accusations of harassment or discrimination can seriously injure innocent people. Initiating a false harassment or discrimination complaint or providing false information during the course of an investigation may result in disciplinary action. A finding that no discrimination or harassment occurred does not constitute a finding that the complaint was made in bad faith.

Retaliation shall include charging an individual with code of conduct violations that do not involve sexual harassment, but arise out of the same facts or circumstances as a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX.

Training Requirements

Title IX coordinators, investigators, decision-makers, and those involved in any informal resolution process shall be required to undergo training including the following topics, as well as any other topics required by state or federal law:

The definition of sexual harassment for Title IX purposes;
The scope of the institution’s education “program or activity” under Title IX;
How to conduct an investigation and grievance process including hearings, appeals, and informal resolution process, as applicable;
How to serve impartially including avoiding prejudgment of facts at issue, conflicts of interest, and bias;
Technology to be used at a live hearing;
Issues of relevance of questions and evidence, including rape-shield limitations; and
Issues of relevance to create an investigative report that fairly summarizes relevant evidence.

All training materials must be posted on the Caldwell University website.

Potential Sanctions

Students found in violation of policies prohibiting discrimination and harassment are subject to the sanctions described in the Student Handbook, up to and including expulsion. Employees found in violation of the Institutional Policy Prohibiting Discrimination and Harassment are subject to a range of sanctions up to and including termination.

Right to Alternative Complaint Procedures

A student’s complaint of discrimination on the basis of race, color, religion, age, gender, gender orientation, national or ethnic origin or disability, including complaints of racial, sexual or other unlawful harassment, may be filed with the

Office for Civil Rights, New York Office

U.S. Department of Education
75 Park Place, 14th Floor
New York, NY 10007-2146

212-637-6466 • Fax: 212-264-3803
TDD: 212-637-0478
E-mail: OCR_NewYork@ed.gov

In addition to internal procedures, an employee may file a complaint of discrimination with the:

Division on Civil Rights, Newark Regional Office

N.J. Department of Law and Public Safety
31 Clinton Street
P.O. Box 46001
Newark, NJ 07102
973-648-2700

United States Equal Employment

Opportunity Commission (EEOC)
Newark District Office
1 Newark Center
21st Floor
Newark, NJ 07102-5233
973-645-6385

Counseling Services for Students

Students who have experienced or witnessed harassment or discrimination and wish to seek counseling services, including individual and/or group sessions, should contact the Counseling Center or Campus Ministry. The Counseling Center and Campus Ministry can be reached at:

Counseling Center

Caldwell University
120 Bloomfield Ave.
Caldwell, NJ 07006
973-618-3307

Campus Ministry

Caldwell University
120 Bloomfield Avenue
Caldwell, NJ 07006
973-618-3660

The Counseling Center can provide a current list of additional resources available both on and off campus. The Counseling Center can also provide a current copy of the “Campus Sexual Assault Victim’s Bill of Rights.”

Advocacy Services for Students

Students who have experienced any form of sexual, dating, domestic, or stalking violence – whether directly or indirectly (meaning: they know someone who has been impacted), whether the harm occurred recently or prior to enrolling at Caldwell – can access advocacy or advisory services through the Student Advocacy and Prevention Awareness office. Student Advocacy and Prevention Awareness leads Caldwell’s efforts in providing advocacy to survivors and secondary survivors of sexual, dating, domestic, and stalking violence; as well as response, prevention and education to the entire Caldwell community. You can find the Student Advocacy and Prevention Awareness office at:

Wellness Center

Newman Center – 2nd floor
Caldwell University
120 Bloomfield Avenue
Caldwell, NJ 07006
973-618-3907

Additional Community Resources

Additional resources for victims of sexual assault, domestic violence, dating violence, and stalking include:

The Essex County Rape Care Center

877-733-2273

The National Sexual Assault 24-Hour Hotline

800-656-4673
800-601-7200

Jersey Battered Women’s Services

973-267-2763

Caldwell Police

973-226-2600 (non-emergencies) or 911 (emergencies)

Prevention and Awareness Campaigns

The University shall organize campaigns for prevention and awareness of harassment and discrimination. Such programs will be open to both students and employees. Training will be mandatory for incoming students and new employees. More specialized annual training will be required for any individual whose duties include the investigation of harassment and/or discrimination claims or participation in a Hearing Board or appeal.

Campus Sexual Assault Victim’s Bill of Rights

The state of New Jersey has developed the Bill of Rights for Universities and Colleges to adopt.

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 University 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. In creating a community free from violence, sexual assault and non-consensual sexual contact, respect for the individual and human dignity are of paramount importance.

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.

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 sexual 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 any pressure from campus personnel to:
- 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 crimes;
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:
- any rights to confidential or anonymous testing for sexually transmitted diseases, human immuno-deficiency virus, and/or pregnancy;
- 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.

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 action 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 in 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.

Required Notification

Under the laws of the United States Department of Justice and the State of New Jersey, all institutions of Higher Education must now notify their campuses on how to obtain or access State Sex Offender Registry Data. The Act, known as the Campus Sex Crimes Prevention Act (CSCPA) requires that all offenders submit and register the name of the Higher Education Institution where they have enrolled as a student, or where they work as an employee. It also requires that this information be promptly made available to law enforcement agencies in the jurisdictions where the Institutions of Higher Education are located.

If you are a registered sex offender and are enrolled as a student, or work as an employee, at Caldwell University, you are required by Federal and State law to contact the Caldwell University Department of Campus Safety and the Caldwell Police Department. Information about the Offender Registry can be obtained by calling New Jersey State Police Headquarters at 609-882-2000, or by accessing the Web site address at https://www.njsp.org/sex-offender-registry/index.shtml.

Should you have any questions, please contact the Caldwell University Department of Campus Safety at 973-618-3289.

Abuse and Molestation Policy

Pursuant to New Jersey law, all persons who have reasonable cause to believe that a minor has been subject to abuse or neglect must report it to the New Jersey Division of Child Protection and Permanency, formerly the Division of Youth and Family Services, at 1-877-NJABUSE. New Jersey law provides immunity from civil and criminal liability in any resulting action to anyone who makes a report in good faith. If the Division of Child Protection and Permanency determines that a child may be at risk, it will begin an investigation within 24 hours. If any individual appears to be in danger of immediate harm, please call 911 and Campus Safety at 973-618-3289.

All members of the campus community who interact with minors or developmentally disabled adults will be alert to signs of abuse and neglect. Physical signs of abuse, including but not limited to unexplainable bruises, lacerations or burns; bruises on the head, back and shoulders in various stages of healing; and repeated fractures, will be investigated. Any suspected incident of abuse or neglect must be immediately reported to a supervisor. Such reports must be documented. Abuse is not limited to physical harm. Signs of financial exploitation of developmentally disabled adults or emotional abuse also need to be reported to a supervisor.

Any suspected abuse, neglect or missing children will be reported to the appropriate legal authorities. Any accusations of sexual abuse or molestation made against any member of the campus community will be investigated under the procedures outlined in the Institutional Policy Against Discrimination and Harassment found in Section 2.1 of Volume II of the Caldwell University Policy Manual and Section III of the Student Handbook. Upon confirming a report of suspected abuse or neglect, the University will immediately notify the appropriate legal authorities.

Caldwell University is committed to the protection of vulnerable populations, including minors and developmentally disabled adults. Retaliation against any individual who reports a reasonable belief that abuse or neglect of a minor or a developmentally disabled adult has occurred is strictly prohibited. Reports of suspected abuse or neglect will be kept confidential from other staff members to the extent feasible and permitted by law.

Any campus program that is known to include minors is expected to take reasonable and appropriate measures to ensure the safety of minors. Such programs should have their own notification procedures to contact parents or guardians in case of emergency. All such programs must obtain an authorization for emergency medical treatment signed by a parent or guardian of each minor. When feasible, there should be two or more adults present during activities when known minors are present. However, if the activity includes private instruction as part of the standard educational setting, such as a music lesson or counseling session, it is acceptable for only one adult to be present.

Please see the Sex Offender Registration Policy in Section 2.4.2 of Volume II for more information regarding students or employees who are required to register as sex offenders under New Jersey law.

Emergency Absence/Incident, Leave of Absence, Medical Leave of Absence and Withdrawal Policies

The University understands that situations may occur, whether medical, personal, or financial, that require a student to interrupt academic studies. In the event that a student requires an emergency absence or an extended leave from the University, it is important to follow the appropriate process outlined below upon leaving and upon returning, if applicable.

Leave of Absence (LOA) Procedure

Students who need to interrupt their semester for any reason with no intention of completing the semester should contact the Academic Success Center. Students should be aware that their financial aid package and their status in particular programs are not guaranteed. Students should therefore consult with the appropriate offices regarding their intentions to take a leave of absence.

Policy for Undergraduate Students

Undergraduate students will be required to submit an online form, found on the portal, to take a leave of absence for a maximum of two semesters. Caldwell University may grant a student a leave of absence of up to 180 days in any 12-month period during which the student is not considered withdrawn and no refund calculation is required. (NOTE: International students on a leave of absence may not be able to stay in the United States.) Extensions may be granted with a written request to the Academic Success Center; otherwise they will be administratively withdrawn from the University. Students should be aware that their financial aid package and their status in particular programs are not guaranteed. Students should therefore consult with the appropriate offices regarding their intentions to take a leave of absence. Undergraduate students who need to take a LOA prior to the first day of the semester, as outlined in the academic calendar, should contact the Academic Success Center. Leave of absence requests for the current semester must be received before the last day to withdraw.

For Graduate Students

Interruptions of Registration

Students enrolled in a graduate program at Caldwell University are expected to maintain continuous enrollment until requirements are completed. Students who need to interrupt their studies prior to the beginning of semester must notify the University through the University portal (https://my.caldwell.edu/ics/) in order to remain in good standing in the program. Students who interrupt their studies for more than four consecutive semesters will be dropped from the program. Students wishing to re-enter the program following the extended absence (more than four semesters) must submit a request for readmission to the Office of Graduate Admissions and meet with the program coordinator for advisement prior to registration. Students will be responsible for the degree requirements at the time of readmission.

Students who need to take a LOA prior to the first day of the semester, as outlined in the academic calendar, should contact the Office of Graduate Studies. Students enrolled in courses in a graduate program at Caldwell University are expected to complete the courses in the allotted semester time. Students who need to interrupt their studies during the semester must discuss the situation and the potential Leave of Absence with their program coordinator. If the Leave of Absence is the only resource for the student, the Leave of Absence must be requested through the University portal (https://my.caldwell.edu/ics/). Students who take the Leave of Absence after the approved add/drop period are still responsible for all financial obligations. Please see the “Course changes” policies of the Graduate Catalog regarding adding, dropping, and withdrawing from classes. Please see the Institution Refund Policy for the refund information. Students who take a Leave of Absence after the add/drop period must repeat the entire course(s) they interrupted by taking a Leave of Absence.

Medical Leave of Absence

For Undergraduate and Graduate Students

Medical leave of absence is an option available to students who must interrupt study temporarily because of physical or psychological illness. A Medical Leave of Absence may be granted contingent upon the submission of documentation from a health care professional. Students who are on an approved medical leave of absence are not permitted to participate in any University activities, attend classes, reside in or visit on-campus student housing, or be on campus without the express prior written consent of the Dean for Student Life or designee.

Medical leaves initiated by a student may be for one semester and up to two years. Although medical leave may be initiated by a student, in certain cases, the University may require a medical leave. In cases where a student possesses a significant risk of harm to self or the community, the Student Life Office, in consultation with appropriate parties, may require the student to take a medical leave.

Students who wish to apply for return to campus after a medical leave of absence must submit a return/readmit form. In addition, students must provide documentation to Caldwell University Wellness Center, Health Services Office pertaining to their treatment and ability to resume academic/social obligations and responsibilities. Other additional requirements may be requested.

Students should allow the University time to evaluate the request to return and allow for additional evaluations as determined by the University.

Withdrawal Procedure

For Undergraduate Students

Students wishing to withdraw from the University with no intention of returning to the University must
- Complete and submit an Intent to Withdraw form and following survey;
- Contact the Academic Success Center to schedule and participate in an exit interview.
Students withdrawing with the intention to return to the University should follow the procedure for taking a Leave of Absence (above).
Students withdrawing in the middle of the semester with a completed intent form will be officially withdrawn from courses. Failure to follow this procedure may result in a grade of F in every course in which the student is registered.
Students withdrawing prior to the first day of the semester will be administratively dropped from their classes after they have contacted the Academic Success Center and completed the Intent to Withdraw form.
For non-medical withdrawals, students must comply with the course withdrawal deadline as indicated in the academic calendar. Any withdrawal request received after the withdrawal deadline will be processed for the following semester.

For Graduate Students

Graduate students wishing to withdraw from the University must complete an Intent to Withdraw form.

Return to Campus Following Emergency Transport and/or Hospitalization

In the event that a student is transported or hospitalized, they will receive a letter outlining steps required to return to campus.

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is enrolled at a postsecondary institution regardless of age.) These rights include:

The right to inspect and review the student’s education records within 45 days after the day Caldwell University receives a request for access. A student should submit to the Registrar a written request that identifies the record(s) the student wishes to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar, the Registrar shall coordinate access to inspect those records.
The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
1. A student who wishes to ask Caldwell University to amend a record should write to the Registrar, clearly identify the part of the record the student wants changed, and specify why it should be changed.
2. If Caldwell University decides not to amend the record as requested, Caldwell University will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
The right to provide written consent before Caldwell University discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. See “Additional Disclosure Information” below.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by Caldwell University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

Caldwell University may disclose directory information without the written consent of the student. Directory information includes the following: name, address, telephone number, e-mail address, dates of attendance, enrollment status, class, previous institutions attended, major and minor field of study, awards, honors (including Dean’s list), degrees conferred including date, past and present participation in officially recognized activities, student’s photograph, height and weight (for athletes only), and date and place of birth.

Students may request to withhold disclosure of directory information. To ensure that a request is properly processed, it must be submitted on the official ‘Request to Prevent Disclosure of Directory Information Form’, which is available on the CU Portal under Student Resource forms. The request will remain in effect until the student submits signed authorization to allow disclosure of directory information. Caldwell University assumes that failure on the part of any student to specifically request on the official form the withholding of release of directory information indicates individual approval of disclosure.

Additional FERPA Disclosure Information

FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student –

To other school officials within Caldwell University whom Caldwell University has determined to have legitimate educational interests. A school official is a person employed by Caldwell University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Caldwell University. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the University’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
In connection with financial aid for which the student has applied or for which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
To the general public, the final result of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which education records and personally identifiable information (PII) contained in such records—including Social Security Number, grades, or other private information—may be accessed without consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to records and PII without consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to education records and PII without consent to researchers performing certain types of studies, in certain cases even when Caldwell University objects to or does not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without consent PII from education records, and they may track participation in education and other programs by linking such PII to other personal information that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.

Health Services

Lactation Policy

Lithium-Ion Battery Powered Device Policy

Medical or Safety Intervention Policy

I. Purpose and Scope

Caldwell University is committed to maintaining a learning environment where all persons feel safe to carry out the University’s mission and goals. A student who poses a credible substantial risk of harm to any individual in the University community may necessitate the University to take action. This policy describes the general types of behaviors and emergencies that the University may need to address as well as the procedures that may be used for medical or safety intervention and involuntary suspensions and/or withdrawal of students.

II. Behaviors and Emergencies

The University may take action when it becomes aware of certain behaviors that demonstrate that a student poses a credible substantial risk of harm to the University Community or any member thereof. Some of those actions may include, but are not limited to, the following:

Acute decline in physical health;
Destructive, threatening, violent, or other disruptive behavior;
Drug and alcohol abuse, including overdose or misuse of over-the-counter or prescription medications;
Eating disorders which are not responding to treatment and/or posing safety concerns;
Any physical or mental health problem that pose a credible substantial risk of harm to individuals within the University or to the University community as a whole or requires intensive monitoring to prevent such danger;
Any physical or mental health problems that substantially impedes the lawful activities, the educational process, or the proper activities or functions of other members of the University community.

Any member of the University community who has reason to believe that a student poses a threat of harm or a threat to public safety should contact the Campus Safety office or the local police department. They may also contact the Dean for Student Life or designee. All reports made pursuant to this policy will be handled in a confidential manner to the extent permitted by federal and state laws and regulations, and/or otherwise necessary to address the situation.

III. University Actions

Upon being informed that a student is exhibiting behaviors that may require the University’s attention pursuant to this policy, the Dean for Student Life or designee, in consultation with other appropriate staff members, will determine what role, if any, is necessary to be taken by the University to ensure the health and safety of all members of the University community.

During this decision-making process, the University will determine if the student is a qualified individual with a disability and whether a reasonable accommodation will allow that student to meet essential academic and University community responsibilities, while abating the risk of harm and maintaining a safe University environment for all students. The University will also evaluate whether an accommodation can be provided without fundamentally altering the essential functions of the educational program provided by the University, lowering academic standards, and/or creating undue hardship to the University or other community members.

The Dean for Student Life or designee will conduct a detailed review of the information presented. As part of this review, the Dean for Student Life or designee may, among other things, seek the assistance or input of other appropriate staff members, review additional sources that may reveal any past or current mental or physical health conditions of the student, and consult with professionals about the information presented. In accordance with this detailed review, the Dean for Student Life or designee will make an individualized assessment to determine whether University action is required. The Dean for Student Life or designee will assess the nature, duration, and severity of the risk and the probability that potential injury and/or harm will occur.

Upon conducting this individualized assessment and making a determination that the student’s behaviors require further attention, the Dean for Student Life or designee may take appropriate actions, which may include, but are not limited to, the following:

Contacting Campus Safety, Residence Life, and/or other appropriate units within the University community;
Offering or requiring the student undergo mental or physical health evaluations with the Caldwell University Wellness Center and/or an independent, off-campus mental or physical health care professional approved by the University.
Requiring the student to commit to a treatment plan recommended by the Caldwell University Wellness Center and/or an independent, off-campus mental or physical health care professional as a condition for continued enrollment at the University;
Requiring the student to sign appropriate release forms allowing designated staff at the University to consult with the evaluating clinician(s) or provider(s) serving the student;
Notifying the student’s emergency contact as permitted by law and appropriate University officials about a mental or physical health or safety emergency;
Removing the student from University premises
Invoking a medical or safety interim suspension (below);
Invoking an involuntary medical or safety withdrawal (below).

The Dean for Student Life or designee will meet with the student and issue a letter to the student outlining the University’s actions and the reasons for those actions.

Whether or not the student is a qualified individual with a disability, the University will generally attempt to engage in an interactive dialogue with the student to discuss the manner in which the student plans to abate the risk of harm presented by the student. The University may also choose to engage professionals or other appropriate staff members in formulating a proposed plan of action. The University’s actions should appropriately address the risk of harm that formed the basis for the decision to intervene with or involuntarily withdraw the student.

A. Medical or Safety Interim Leave

If the health or safety of a student or the University community is an immediate concern, the Dean for Student Life or designee may invoke a medical or safety interim suspension. Such a suspension may result if the Dean for Student Life or designee determines, based on professional judgment, that a credible substantial threat of immediate harm to a student or the University community is perceived to exist. The suspension is designed to allow the student time to receive needed medical and/or psychological care and for the University to evaluate the student’s readiness to return to the University. Students who are subject to a medical interim suspension are temporarily not permitted to participate in any University activities, attend classes, reside in or visit on-campus student housing, or be on campus without the express prior written consent of the Dean for Student Life or designee.

The Dean for Student Life or designee has the authority to determine the length of the medical or safety interim suspension and may establish criteria that the student must complete in order to lift the suspension. Such criteria may include, but are not limited to:

Requiring the student to sign appropriate release forms allowing designated staff at the University to consult with the evaluating clinician(s) or provider(s) serving the student;
Requiring the student to undergo mental or physical health evaluations with the Caldwell University Wellness Center and/or an independent, off-campus mental or physical health care professional approved by the University.
Demonstrating through the above-referenced mental or physical health care professional(s) (a) the student’s readiness to return to the academic and co-curricular demands of University life; (b) the student’s readiness to live in the on-campus residential community; (c) the student’s ongoing treatment or testing needs; (d) the conditions or restrictions the University should impose; and (e) the student’s readiness to return to competitive sports, if the student is a collegiate athlete;
Requiring the student meet with the Dean for Student Life or designee to discuss the evaluation and the student’s own perception regarding his or her readiness to return to campus;
Requiring the student to undergo a treatment plan recommended by the Caldwell University Wellness Center and/or an independent, off-campus mental or physical health care professional.

Upon determining that a medical or safety interim suspension is appropriate, the Dean for Student Life or designee may notify the student’s emergency contact as permitted by law, will meet with the student, and will issue a letter to the student outlining the anticipated length of the suspension and the criteria the student needs to complete in order to lift the suspension. At the conclusion of the meeting, the student will be expected to immediately leave the University campus in the care of an appropriate individual. The University may make appropriate arrangements to provide the student with any personal belongings remaining on campus.

After a student completes the mandated criteria, the student must provide written confirmation of the same to the Dean for Student Life or designee. After reviewing the information provided, the Dean for Student Life or designee has the authority to determine, based on professional opinion, the student’s readiness to return to campus. The Dean for Student Life or designee will then decide whether to lift or continue the suspension and will issue a letter to the student indicating University’s decision and the reasons for that decision.

B. Involuntary Medical or Safety Withdrawal

In those circumstances where an interim suspension from the University may not be sufficient, the Dean for Student Life or designee may determine that a student must be involuntarily withdrawn from the University due to health and/or safety reasons, which may include but are not limited to:

Professional evaluation(s) of the student following a medical or safety interim suspension that do not support the student’s readiness to return to campus;
The student’s failure to complete a required assessment during a medical or safety interim suspension;
The student’s behaviors that create a credible substantial risk

In determining whether the student meets any of these criteria, the Dean for Student Life or designee will conduct a detailed review of the information presented including, among other things, various sources that may reveal the student’s past or current mental or physical health conditions, input received from appropriate staff members, and information provided from various professionals. The University may require the student to undergo mental or physical health evaluations and require the student to sign appropriate release forms allowing designated staff at the University to consult with the evaluating clinician(s) or provider(s) serving the student.

The Dean for Student Life or designee will assess, based on the information provided, whether the nature, duration, and severity of the risk and the probability that potential injury and/or harm will occur require the student’s involuntary withdrawal from the University. Upon determining that a student will be involuntarily withdrawn from the University for medical or safety reasons, the Dean for Student Life or designee may notify the student’s emergency contacts as permitted by law, will meet with the student, and will issue a letter to the student outlining the University’s actions and the reasons for those actions. At the conclusion of the meeting, the student will be expected to immediately leave the University campus in the care of an appropriate individual. The University may make appropriate arrangements to provide the student with any personal belongings remaining on campus. Students who are withdrawn or on leave prior to the end of the designated academic withdrawal period, will be given Ws in all of their current courses. After this time period, students may be awarded Fs in their courses.

Students who are subject to an involuntary medical or safety withdrawal or leave are not permitted to participate in any University activities, attend classes, reside in or visit on-campus student housing, or be on campus without the express prior written consent of the Dean for Student Life or designee. The athletics department will address questions regarding athletic eligibility if applicable.

IV. Student Appeal

Within five business days of being informed that the University is taking action under this policy, the aggrieved student may submit a written appeal to the Dean for Student Life or designee. The appeal should set forth the facts and reasons that form the student’s opinion that the University’s decision was unreasonable or unfair. Upon receipt of a timely-submitted appeal, the Dean for Student Life or designee will respond to the student’s concerns and may take further actions, including but not limited to requiring the student to undergo a medical evaluation with an independent mental or physical health care provider of the University’s choosing and at the University’s expense. After conducting a detailed review of the student’s appeal, the Dean for Student Life or designee will make a determination, in his or her professional judgment, whether the University’s actions should be upheld or reversed.

V. Return to Campus

A student who has been removed from campus, suspended, or withdrawn from the University pursuant to this policy may have the opportunity to return to campus or be readmitted to the University under certain circumstances. If the student wishes to be considered for return to campus or readmission, the student must contact the Dean for Student Life or designee and provide appropriate written information and documentation to support their request.

The following steps are designed to ensure that a health emergency no longer exists and a treatment plan for continuing good health and safety is in place, when needed. The Dean for Student Life or designee will review the student’s request to return or for readmission and may impose the following requirements upon the student:

Require the student to be assessed by an appropriate outside professional. The professional will have a specialty or credentials appropriate for the condition of concern, will be a licensed psychologist or psychiatrist if evaluating a mental health concern, and will be a licensed physician if evaluating other medical concerns. The provider will be given information related to the precipitating events that led to the leave in order to be able to make an accurate assessment. The student will be required to sign a release allowing designated staff at the University and the provider to share information regarding relevant medical records, and assessments;
Require the student to provide a written recommendation from the outside mental health or medical professional regarding
- the student’s readiness to return to the academic and co-curricular demands of University life
- the student’s readiness to live in the on-campus residential community
- the student’s ongoing treatment or testing needs
- the conditions or restrictions the University should impose; and (e) the student’s readiness to return to competitive sports, if the student is a collegiate athlete;
Require the student to meet with the Dean for Student Life or designee to discuss the evaluation, recommendation, and the student’s own perception regarding readiness to return, needs, and plans for treatment;
Require the student to comply with a treatment plan recommended by the outside mental health or medical professional as a condition of returning to the campus community.

Upon the student presenting evidence that these or any other requirements imposed by the University have been met, the Dean for Student Life or designee will engage in the following actions, as appropriate:

Review and investigate the student’s compliance with the conditions of return or readmission, if any;
Review the outside evaluator’s assessment and recommendation(s);
Consult with the student’s mental or physical health care provider(s);
Consult with the appropriate academic unit to determine whether the student is eligible for return or readmission based upon the student’s academic record and the readmission policies and practices of the academic unit;
Consult with other appropriate staff members;
Consider any additional information or documentation presented by the student or otherwise gathered; and
Meet with the student.

After conducting this detailed review, the Dean for Student Life or designee will make a determination, based on professional judgment, whether the student should be allowed to return to campus or be readmitted to the University. The Dean for Student Life or designee will issue a letter to the student indicating the University’s decision and the reasons for that decision.

The Dean for Student Life or designee reserves the right to require the student to comply with a treatment plan recommended by an outside professional or the Caldwell University Wellness Center as a condition of returning to the campus community. Adherence to the plan, which may be memorialized in writing, executed and agreed to by the student and/or his or her legal guardian, may be a condition of continuing to be permitted to remain within the campus community.

Publicity Policies

Recording Class Sessions

Residence Life

Policy Regarding Service Animals and Emotional Support Animals on Campus

Caldwell University (“Caldwell”) accommodates students who require the assistance of an animal due to disability, in accordance with federal, state, and local law. The following guidelines address the use of Service Animals and Emotional Support Animals on campus and within Caldwell facilities. Caldwell reserves the right to amend these Guidelines as it deems appropriate from time to time.

Definitions

Partner: A student with a disability who has a Service Animal or Emotional Support Animal.

Service Animal: A “Service Animal” is individually trained to do work or perform specific tasks for the benefit of an individual with a disability. The work or task a Service Animal has been trained to provide must be directly related to the person’s disability. Animals whose sole function is to provide comfort or emotional support do not qualify as Service Animals, but may qualify as Emotional Support Animals.

Emotional Support Animal: “Emotional Support Animals” are animals that provide emotional support which alleviates a symptom or effect of a person’s disability. Some Emotional Support Animals have specialized training, however, this is not necessarily a requirement. Animals sometimes referred to as “therapy animals” or “companion animals” may qualify as Emotional Support Animals.

Permitted Areas for Service Animals and Emotional Support Animals

Service Animals are generally permitted throughout campus and in Caldwell facilities, except in certain areas where animals are prohibited for health or safety reasons. A Service Animal can be brought into dining facilities but may be prohibited from food preparation areas or other areas in which animals are prohibited under relevant laws. If there is reason to believe that the presence of a Service Animal would compromise the environment of a laboratory or Health Center, the Service Animal may also be prohibited from those areas. Additionally, if an area may pose a physical danger to the Service Animal, the Service Animal may be prohibited from entering that area.

Emotional Support Animals are generally permitted in Caldwell housing only. Emotional Support Animals are not permitted in other indoor areas of the University aside from housing unless a special exception has been made.

Requests for Service or Emotional Support Animals

Requests for Service and Emotional Support Animals should be brought to the Director of the Office of Accessibility Services. Requests will be reviewed by the Special Accommodations Team. In evaluating requests for Service Animals or Emotional Support Animals, Caldwell reserves the right to request that the Partner provide supporting documentation from an appropriate licensed medical professional, to the extent permissible by law. Requests for Emotional Support Animals will be considered only if the animal weighs 30 lbs. or less, and in the case of dogs and cats, the animal has been spayed or neutered. If the request is granted, the appropriate campus personnel will be informed of the animal’s approved status. If a student wishes to appeal a decision made regarding a Service or Emotional Support Animal in a classroom, he or she may submit a written appeal to the Vice President, Academic Affairs within ten (10) business days of the decision. If a student wishes to appeal a decision made regarding a Service or Emotional Support Animal elsewhere on campus, he or she may submit a written appeal to the Dean for Student Life within ten (10) business days of the decision. The appeal must state specifically the reasons that the student is filing the appeal.

Responsibilities of the Partner

In order to receive and maintain an accommodation under these guidelines, the Partner of a Service or Emotional Support Animal must:

Ensure the animal is compliant with all state and local requirements associated with licensing, vaccinations, and other health regulations. Maintain documentation of compliance and be prepared to provide such documentation upon request. If required by law, the animal must wear appropriate tags.
Ensure the animal is in good health. Be prepared to provide documentation from a licensed veterinarian confirming the health of the animal.
Crate the animal in the event the Partner or a designated Handler is absent from the room where the animal resides.
Maintain control of the animal at all times. This includes use of a harness, leash, or other tether unless the Partner is unable to do so due to disability or if such use would interfere with the animal’s safe and effective performance of work or tasks. If this is the case, the Partner must be able to control the animal through other means.
Provide appropriate care, food, and supervision for the animal.
Dispose of animal waste properly.
Maintain noise, odor, and pest control. Caldwell reserves the right to ask the Partner to remove an animal due to disruptive behavior, disorderly interactions with other animals, or danger to members of the campus community.
Take financial responsibility for the actions of the animal. This includes bodily injury or property damage caused by the animal.

Caldwell may require a Partner to remove a Service or Emotional Support Animal from the premises if any of the above requirements are not met, to the extent permissible by law. If an animal has been removed and the Partner wishes to seek approval for the return of the animal to the premises, Caldwell may require the Partner to submit updated documentation, to the extent permissible by law. If an animal has been removed and the Partner wishes to seek approval for the return of the animal to the premises, Caldwell may require the Partner to submit updated documentation, to the extent permissible by law.

Conflicts

It is possible that the presence of a service or Emotional Support Animal could cause problems for another Caldwell student or employee with allergies, asthma, respiratory illness, or other medical condition or disability. If this happens, please contact the Office of Accessibility Services. Caldwell will consider the needs of both parties involved with the goal of reaching an acceptable solution as quickly as possible.

Campus Housing

If the Partner is a residential student, they must complete a Registration and Agreement Form. This form must be submitted by July 15 for the Fall Semester or December 15 for the Spring Semester. Exceptions to this deadline may be made at the discretion of the Special Accommodations Team.

Smoke-Free Campus Policy

Student Engagement

Technology Usage Policies

Access to computing resources and networks that are owned or operated by the University imposes certain responsibilities and obligations, and is granted subject to University policies and applicable laws. Appropriate use is always ethical, reflects academic honesty, and shows restraint in the consumption of shared resources. It demonstrates respect for intellectual property, ownership of data, system security mechanisms, and individuals’ rights to privacy and to freedom from intimidation, harassment.

Users are responsible for taking appropriate precautions to reduce their risk of downloading malware. The University is not responsible for any virus/malware infection that is the result of using University networks.

Users who access the University network using a privately-owned computer system or mobile device are responsible for adhering to the University Technology Usage Policies. This applies whether the user connects to the network directly, via a virtual private network, and/or through cloud services.

Any individual who violates the Technology Usage Policies will be subject to disciplinary action. Disciplinary procedures applicable to students are found in Volume VI.

Appropriate Uses of Computing Resources

Users of the University network or computing resources must comply with all University policies including but not limited to any ethical standards or Code of Conduct that applies to that user. Unauthorized use of University resources, unauthorized access to files and data, violation of the Copyright Act, and violation of the laws of the applicable jurisdiction are strictly forbidden. Users should avoid monopolizing University resources. Users should avoid transmitting or receiving unnecessarily large amounts of data. Users may not run servers or daemons or build their own private network on shared systems without prior permission.

The primary use of email accounts provided by the University should be related to University business and academic pursuits. Secondary uses may include personal and recreational uses that will be curtailed if they interfere with the primary function. Caldwell uses email as a means of official communication within the University community. Email communications with students or between Caldwell employees should be conducted through official Caldwell email addresses.

Device and Network Access

Privately owned devices connecting to University networks must have up-to-date antivirus protection and meet baseline security requirements and only be connected to the Guest Network. The University may require Mobile Device Management (MDM) compliance for certain access levels. Use of unauthorized networking hardware or software is prohibited.

Cloud Services and Third-Party Applications

Only approved cloud services and applications may be used to store or process University data. Users must seek approval before integrating third-party tools with University systems, including email.

Prohibited Uses of Computing Resources

In addition to adherence with the above and with all applicable University policies, users of the University network or University computing resources are explicitly forbidden from the following activities. This policy does not restrict the right to engage in actions protected by the National Labor Relations Act, including the right to discuss wages and terms and conditions of employment with co-workers and others and to take actions to protect these rights.

Use of another person’s login name and/or password.
Obtaining access to the files or communications of others without proper authorization and with no substantial University business purpose.
Attempting to intercept any electronic communication without proper authorization.
Use of computer programs to decode passwords or access control information.
Attempt to circumvent or subvert system security measures.
Intentionally engaging in any activity that might be harmful to systems or to any information stored thereon, such as creating or propagating viruses, disrupting services, modifying or damaging files, or changing network settings.
Use of University systems for partisan political purposes, such as using electronic mail to circulate advertising for political candidates.
Use of University computing resources, including the University network, to violate state, federal, or local laws. This includes, but is not limited to, violation of the Copyright Act.
Use of University networks or email accounts provided by the University to harass, intimidate, or otherwise interfere with the ability of others to conduct University business and academic pursuits. This includes sending unsolicited and unauthorized mass mailings.
Use of the University’s systems for personal gain; for example, by selling access to your login name and password or by performing work for profit in a manner not authorized by the University. Specifically, it is prohibited to use University systems for non-university-related commercial activities (e.g., side businesses, cryptocurrency mining), store or distribute personal media libraries on University devices or networks, engage in personal activities that interfere with University operations or employee duties, or install unapproved or non-university-related software. Incidental personal use is permitted if it is brief and infrequent, does not cause harm or add costs, and does not compromise performance or violate University policies.
Storing confidential or proprietary information on a personal storage device or cloud-based service without prior authorization.

Cybersecurity Concerns

Suspected network security risks should be reported to the Network Manager. This includes, but is not limited to, phishing scams, malware, data breach, ransomware, and account compromise. Lost or stolen hardware should be reported to the Manager, Technology Support Services and to Campus Security.

Copyright Policy

The University expects all users to comply with the applicable laws governing copyrighted digital material. It is the intent of Caldwell University to inform students about copyright law and campus policies related to violating copyright law as well as civil and criminal penalties for unauthorized distribution of copyrighted materials. Violators of the Copyright Policy are subject to disciplinary action. Sanctions may include suspension of access to University networks. The University will periodically review this policy to ensure effectiveness.

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.

EDUCAUSE provides a comprehensive list of legal downloading resources on its website at http://www.educause.edu/legalcontent. Users are directed to this website for links to appropriate sites.

The University employs technology based deterrents in compliance with the Higher Education Opportunity Act of 2008. This includes accepting and responding to DMCA notices. To report any suspected electronic copyright infringement originating at Caldwell University, please contact the designated agent (per the DMCA) listed below:

Michael Galvin
Chief Financial Officer and Vice President of Finance
mgalvin@caldwell.edu

The Electronic Communications Privacy Act

In 1986, Congress passed the Electronic Communications Privacy Act (ECPA) that made it illegal to intercept electronic communications on a public or private network without proper authorization. The ECPA provides electronic transmission of messages the same privacy protection as telephone calls over the public telephone systems. System operators are not permitted to divulge the contents of messages except under a narrow set of circumstances.

The ECPA also protects internal systems, such as those at Caldwell University, from unauthorized interception of messages by outside sources. However, the ECPA permits messages that are stored on internal systems to be accessed by authorized personnel without violating the Act.

This statement sets forth the University’s policy with regard to the use of, access to, and disclosure of electronic communications. For purposes of this policy statement, electronic communications includes but is not limited to electronic mail, Internet services, voice mail, audio and video conferencing, and facsimile messages that are sent or received by faculty, staff, students, and other authorized users of University resources.

Monitoring Network Use

Under certain circumstances the University reserves the right to access communications to the extent permissible by law. This includes, but is not limited to, when such access is required by law or court order, necessary to identify or diagnose security vulnerabilities, to preserve public health and safety, to carry out essential business functions of the University, or when there are reasonable grounds to believe that a violation of law or a significant breach of University policy may have taken place. Such monitoring is a serious matter, and University will only do so with explicit authorization. For the faculty, appropriate authorization is the Vice President for Academic Affairs and the President of the Faculty Council. For the students, appropriate authorization is the Dean for Student Life. This policy applies to all use of University networks, including Internet access and use of e-mail.

The University retains the right to employ appropriate network traffic and bandwidth analysis methods.

Audiovisual Equipment and Media

All audiovisual software and hardware materials are purchased by Information Technology with some minor exceptions. Equipment should not be moved from the designated areas. All requests for equipment should be made to the Manager, Technology Support Services at least twenty-four (24) hours before it is needed. Forms are available on-line. Please report all breakdowns and/or needed repairs to the Help desk so appropriate action can be taken.

Artificial Intelligence & Emerging Technologies

Employees and students may not enter sensitive, confidential, or personally identifiable information (PII) into AI platforms unless authorized in writing by the appropriate supervisor. For additional information see sections Student Use of Artificial Intelligence (AI) and AI Acceptable Use Policy (AI-AUP).

Caldwell University

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