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I. Title of Regulation
2.1001R Title IX Regulation Against Sexual Harassment
II. Objective of Regulation
The objective of this regulation is to ensure compliance with Board Policy 2.1001 –Title IX Policy Against Sexual Harassment.
Brookdale Community College commits to full compliance with Title IX, the VAWA and the obligations imposed on all post¬secondary institutions under its SaVE Act. This regulation is intended to implement the requirements of these Acts and the implementing regulations promulgated by the United States Department of Education, 34 C.F.R. §668.46.
The SaVE Act seeks to address the violence women face on college campuses and updates the Jeanne Clery Act (Clery Act). Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. This regulation focuses primarily on sexual harassment, which includes acts of sexual assault, domestic violence, dating violence, and/or stalking. Sexual harassment is a form of sex discrimination prohibited and defined in Title IX.
If a formal complaint does not meet the criteria to be investigated and addressed under this regulation, it may be investigated and addressed under Title VII, and/or as violations of other laws, policies, regulations, or Codes adopted by the College or with which the College must comply. See 3.9002 and 3.9002R – Equal Opportunity and Non-Discrimination and 6.3000 and 6.3000R – Student Conduct for further information.
All applicable legislation including but not limited to the Clery Act, as amended by the VAWA; the Campus SaVE Act; Title IX of the Higher Education Act of 1972, as amended, 34 C.F.R. 106; the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 et seq.; State of New Jersey, P.L. 1994, Chapter 160, N.J.S.A. 18A:61E-1 et seq.; United States Department of Education regulations, 34 C.F.R. §668.46; New Jersey Sexual Assault Victim’s Bill of Rights; and other applicable State or Federal laws and regulations; and the Bylaws of the College Board of Trustees.
IV. Regulation Statement
Brookdale Community College is committed to providing an institutional environment where all persons may pursue their employment, studies, careers, duties, educational programs and activities in an atmosphere free of threat of unwelcome and unwanted sexual actions. It strongly condemns sexual offenses, and will address formal complaints as described in this regulation.
This Regulation addresses the prohibition of “sexual harassment” as defined by Title IX. Under Title IX, sexual harassment is defined as conduct on the basis of sex that satisfies one or more of the following:
- An employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (i.e. quid pro quo);
- Unwelcome conduct determined by a reasonable person to be so severe and pervasive and objectively offensive that it effectively denies a person equal access to an education program or activity (i.e. hostile environment);
- Sexual assault, dating violence, domestic violence, or stalking.
Regulation 2.1001R is specific to such sexual harassment that occurs against a person in the United States and within the College’s education program or activity, which includes locations, events, or circumstances over which the College exercises substantial control over the accused harasser and the context in which the sexual harassment occurred. This includes off-campus conduct that effectively deprives someone of the College’s educational program. This may also extend to online conduct when the Title IX Coordinator determines that the conduct affects a substantial College interest.
The College also prohibits sexual harassment outside the scope of Title IX, such as conduct that occurs during a study abroad program, if applicable, or conduct that occurs outside a College education program or activity, as discussed in other policies, including but not limited to the Equal Opportunity and Non-Discrimination Policy and the Student Code of Conduct.
When the College receives a report of sexual harassment, gender-based harassment, discrimination, or sexual misconduct, it will determine whether the report falls within the scope of this policy and the procedures outlined herein, or whether it falls within the scope of another College policy and procedure. Such determinations will be made on a case-by-case basis.
Sexual assaults are serious violations of Title IX and Board of Trustees Policy 2.1001, and are crimes under state law and punishable by fines and/or imprisonment. In addition, these actions are subject to civil suit for damages.
Employees will receive information about sexual harassment, including sexual assault, dating violence, domestic violence, and stalking during orientation and as part of annual training requirements. Students will receive information about sexual harassment during their first full semester at the College.
This regulation is intended to implement requirements of the Acts noted above, and regulations promulgated by the United States Department of Education, 34 C.F.R. §668.46. Those obligations, as they pertain to incoming students and employees, require that the College promote awareness and prevention methods for quid pro quo and hostile environment sexual harassment, sexual assault, dating violence, domestic violence, and stalking.
Criminal Offenses Required to be Disclosed
General categories of crime statistics are disclosed in the College’s Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Report annually and are as follows:
- Murder and non-negligent manslaughter
- Negligent manslaughter
- Sex offenses:
- Statutory rape
- Aggravated Assault
- Motor Vehicle Theft
- Liquor Law Arrests
- Liquor Law Violations Referred for Disciplinary Action
- Drug Law Arrests
- Drug Law Violations Referred for Disciplinary Action
- Illegal Weapons Possession Arrest
- Illegal Weapons Possession Violations Referred for Disciplinary Action
- Hate crimes, including the number of each type of crime above determined to be hate crimes
- The number of the following crimes that are determined to be hate crimes:
- Simple assault
- Destruction/damage/vandalism of property
- Dating violence, domestic violence, sexual assault, and stalking
*Statistics not required by law but reported in Brookdale’s Annual Clery Report
Definitions Related to Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence and Stalking
1. “Sexual Harassment” under Title IX means conduct on the basis of sex that satisfies one or more of the following:
- An employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (i.e. quid pro quo);
- Unwelcome conduct determined by a reasonable person to be so severe and pervasive and objectively offensive that it effectively denies a person equal access to an education
- program or activity (i.e. hostile environment);
- Sexual assault, dating violence, domestic violence, or stalking as defined below.
2. “Sexual Assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. This includes an offense that meets the definition of rape, fondling, incest or statutory rape as used in the Federal Bureau of Investigation Uniform Crime Reporting (UCR) Program.
Sexual Assault, as defined by the National Incident-Based Reporting System Edition of the Uniform Crime Reporting System of the Federal Bureau of Investigation, includes:
- The attempt or act of rape (sexual intercourse without consent or with a child under the age of thirteen, by a stranger, an acquaintance, or an intimate).
- Forced sodomy (forced oral or anal sex) against that person’s will or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).
- Forced penetration by a foreign object either animate such as a finger, or inanimate.
3. “Sexual Offenses-Forcible” means any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
4. “Sexual Offenses-Non-Forcible” means any unlawful, non-forcible sexual intercourse (e.g., incest, statutory rape).
5. “Non-Penetration Sexual Assault” includes the act of touching an unwilling person’s intimate parts such as genitalia, anus, groin, breast, or buttocks, or the clothing covering these parts, or forcing an unwilling person to touch another’s intimate parts.
The above acts constitute sexual assault when they are committed against a person’s will as evidenced by refusal of consent or through the use of force, threat, manipulation, or intimidation, or against a person who, by virtue of mental incapacity or physical helplessness, is unable to give or withhold “consent” (to give assent, acceptance or approval as to the proposal of another). This includes, but is not limited to, incapacity or helplessness caused by alcohol or other drugs. Intoxication of the assailant shall not diminish the assailant’s responsibility for the sexual assault.
- Consent must be clear, verbal, sober, and affirmative.
- Consent must be obtained for each and every sexual activity to constitute effective consent.
- Consensual activity requires a mutual decision of both Parties without any hint of force, threat, coercion, pressure, fraud, manipulation or fear of injury or loss of safety.
- Consent cannot be given if the victim is asleep, mentally or physically incapacitated due to alcohol and/or other drugs or due to a temporary or permanent mental or physical condition.
- Silence, passivity or the lack of active resistance is not consent.
- Previous sexual activity does not equal current consent.
- Consent to one form of sexual activity does not equal consent to other forms of sexual activity.
- Consent can be withdrawn at any point.
7. “Hate Crimes” – any of the above-mentioned offenses, and any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. The categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin and disability.
8. “Domestic Violence” includes violent misdemeanor and felony offenses committed by the victim’s
- current or former spouse or domestic partner
- current or former cohabitant
- anyone else protected under domestic or family violence law
- any person with whom the victim has had a dating relationship
- any person with whom the victim shares a child in common
9. “Dating Violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; AND 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; and (iii) the frequency of interaction between the persons involved in the relationship.
10. “Stalking” means a course of conduct directed at a specific person that would cause a reasonable person to:
- fear for her, his, or other’s safety, or
- suffer substantial emotional distress
A stalker need not know his/ her actions are unwanted. Stalking is often a precursor to violence.
Stalking is a crime designated by degrees.
11. “Stalking in the Fourth Degree” – A person is guilty of this crime if he/she purposely or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of a third person or suffer other emotional distress.
12. “Stalking in the Third Degree” – A person is guilty of this crime if he/she commits the crime of stalking in violation of an existing court order prohibiting the behavior. A person is guilty of a crime in the third degree if he/she:
- commits a second or subsequent offense of stalking against the same victim
- commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of conviction for any indictable offense under the laws of New Jersey or any other state or the United States.
13. “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person; directly or indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about a person, or interfering with a person’s property, repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or combination thereof directed at or toward a person. N.J.S.A. 2C:12-10.
14. “Repeatedly” means on two or more occasions.
15. “Emotional Distress” means significant mental suffering or distress.
16. “Cause a Reasonable Person to Fear” – Cause fear which a reasonable victim, similarly situated, would have under the circumstances.
17. “Incest” means non-forcible sexual intercourse between persons who are related to each other within the degrees where marriage is prohibited by law.
18. Statutory rape” means non-forcible sexual intercourse with a person who is under the statutory age of consent.
Definitions Related to the Filing of a Complaint and Process Described in This Regulation
19. “Actual Knowledge” means notice of sexual harassment or allegations of sexual harassment to Brookdale’s Title IX Coordinator, a Deputy Title IX Coordinator, or any Brookdale official who has authority to institute corrective measures on behalf of the recipient.
20. “Advisor” means the person who guides a Party during the process. An Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses from inside or outside BCC. If from inside the College, the Advisor must be willing and available and without a conflicting role within the College. An Advisor may be engaged by a Party prior to the hearing and is required at the hearing, if any. If either Party does not have an Advisor of their choice at the hearing, an Advisor of the College’s choice will be provided for the hearing.
21. “Appeals Hearing Officer” means the person or entity who makes a decision regarding an appeal of a decision by the Hearing Officer.
22. “Authorized Officials” means an official of the College who has the authority to institute corrective measures on behalf of the College.
23. “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
24. “Decision Maker,” also referred to as “Hearing Officer” and/or “Hearing Panel,” means the person or entity who makes the decision regarding the outcome of a hearing and makes determinations regarding relevancy of questions in cross-examination. May be single person or 3-person Hearing Panel, as determined by Title IX Coordinator.
25. “Emergency Removal” means the removal of students from Brookdale’s educational programs or activities as long as there is an individualized safety and risk analysis conducted to determine if an immediate threat to physical health or safety of a student or other individuals.
26. “Formal Complaint” means a document filed by a Complainant or signed by the Title IX Coordinator or Deputy Coordinator alleging sexual harassment against a Respondent and requesting that Brookdale investigate the allegation of sexual harassment. At Brookdale, a formal complaint can be made electronically or in-person.
27. “Hearing Officer” also referred to as “Decision Maker” and/or “Hearing Panel,” means the person or entity who makes the decision regarding the outcome of a hearing and makes determinations regarding relevancy of questions in cross-examination. May be single person or 3-person panel, as determined by Title IX Coordinator.
28. “Hearing Panel” also referred to as “Decision Maker” and/or “Hearing Officer,” means the person or entity who makes the decision regarding the outcome of a hearing and makes determinations regarding relevancy of questions in cross-examination. May be single person or 3-person panel, as determined by Title IX Coordinator.
29. “Investigator” means the person who collects statements and other evidence regarding a formal complaint of sexual harassment, and writes a summary report.
30. “Order of Protection” means an official legal document signed by a judge that is filed against a current or former family member or household member or a person of other similar relationship. The order forces that individual to keep at a distance and is intended to prevent his or her abusive behavior toward a student or employee. Also called a restraining order, it is enforceable in court, and can be drafted to meet specific needs as they apply to situations.
31. “Mandated Reporters” means employees who are required to report to a Title IX Coordinator or Deputy Coordinator matters of sexual discrimination reported to them or observed by them. At Brookdale Community College, all employees, with the exception of licensed counselors acting in that professional capacity, are mandated reporters.
32. “Program or Activity” includes locations, events or circumstances where Brookdale exercises substantial control over both the Respondent and the context in which the alleged sexual harassment occurs. Title IX responsibility only applies to sexual harassment occurring in a Brookdale “program or activity” in the United States of America.
33. “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
34. “Retaliation” – Intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s formal or informal complaint or participation in a College investigation or proceedings related to sexual violence or assault. If the College learns of possible retaliation for filing a complaint of sexual misconduct, including threats, intimidation, coercion or discrimination, it will take immediate and appropriate steps to investigate and remedy the action with disciplinary action, if necessary.
35. “Supportive Measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent before or after filing a formal complaint, or when no formal complaint has been filed. Such measures are designed to restore or preserve equal access to Brookdale’s educational programs or activities without unreasonably burdening the other Party, including measures designed to protect the safety of all Parties, Brookdale’s educational environment, or to deter sexual harassment.
Filing a Formal Complaint
A report of sexual harassment may be made verbally or in writing but only a formal complaint signed by a Complainant of alleged sexual harassment, including dating violence, domestic violence, sexual assault, or stalking or signed by the Title IX Coordinator or Deputy Coordinator will initiate the College’s investigation and adjudication grievance process. A formal complaint is defined as a written document alleging sexual harassment within an education program or activity of the College, by a Respondent over whom the College has jurisdiction, and requesting initiation of the College’s investigation and adjudication process. (see Title IX Complaint Form, Appendix B) A formal complaint may be filed with a Title IX Coordinator or Deputy Coordinator, who are the Authorized Officials for the College. See p.11 for contact information. Upon receiving a formal complaint, the Title IX Coordinator or a Deputy Title IX Coordinator will determine the appropriate course of action.
The Complainant and the Respondent shall be entitled to a prompt, fair and impartial process from the initial investigation to the final result. All proceedings will be conducted by officials who do not have a conflict of interest or bias, and who have received training on the issues relating to sexual harassment, how to conduct an investigation, and on the hearing process.
The Title IX Coordinator or a Deputy Title IX Coordinator will determine if this regulation should apply to a formal complaint. The sexual harassment investigation and adjudication process will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator or a Deputy Title IX Coordinator:
1. The conduct is alleged to have occurred on or after August 14, 2020;
2. The conduct is alleged to have occurred in the United States;
3. The conduct is alleged to have occurred within the College’s education program or activity; and
4. The alleged conduct, if true, would constitute sexual harassment as defined in Title IX.
If all of the elements are met, the College will investigate the allegations according to the
investigation and adjudication process set forth below.
Procedures for Dismissal of a Formal Complaint
If any one of the above elements are not met, the Title IX Coordinator or a Deputy Title IX Coordinator will notify the Parties that the formal complaint is being dismissed for the purposes of this regulation by their institutional email accounts or other reasonable means. Each Party may appeal this dismissal using the procedure outlined in “Appeals” below.
The Title IX Coordinator or a Deputy Title IX Coordinator may dismiss a formal complaint brought under this policy, or any specific allegations raised within that formal complaint, at any time during the investigation or hearing, if:
1. A Complainant notifies the Title IX Coordinator or a Deputy Title IX Coordinator in writing that the Complainant wishes to withdraw the formal complaint or any allegations raised in the formal complaint;
2. The Respondent is no longer enrolled or employed by the College; or,
3. If specific circumstances prevent the College from gathering evidence sufficient to reach a determination regarding the formal complaint or allegations within the formal complaint.
Any Party may appeal a dismissal determination using the process set forth in “Appeals” below.
Notice of Dismissal
Upon reaching a decision that the formal complaint will be dismissed, the Title IX Coordinator will promptly notify the Complainant and the Respondent of the dismissal of the formal complaint or any specific allegation within the formal complaint, and the reason for the dismissal, simultaneously, in writing.
Even if the Title IX Coordinator or a Deputy Title IX Coordinator determines that a formal investigation is not warranted under this regulation, action may be taken under other policies, regulations, or College procedures. This information will be provided in the Notice of Dismissal of a Complaint under this regulation.
Appeal Regarding the Determination of Action on a Formal Complaint
A panel of three Title IX Coordinators/Deputy Coordinators will determine if an appeal regarding the determination of action on a formal complaint has grounds. If there are not 3 Title IX Coordinators/Deputy Coordinators, the President will supplement the panel from the College’s leadership team.
Upon completion of an initial investigation, the Title IX Coordinator or a Deputy Title IX Coordinator will determine the course of action under this regulation, which may include:
This is the default resolution process, which involves an investigation of the allegations of the complaint, a live hearing with examination of witnesses, and a determination by a Hearing Officer* as to whether there has been a policy violation, as described in more detail below.
*For ease of reference, the term “Hearing Officer” is used throughout this document to mean “Hearing Officer,” “Decision Maker,” or “Hearing Panel.”
Except in cases of alleged sexual harassment of a student by a College employee, the Parties may voluntarily waive their right to a formal investigation and adjudication in favor of an informal mediation or similar process pursuant to which the Parties will choose a mutually-agreeable and reasonable remedy. The College does not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, the waiver of the right to an investigation and adjudication of formal complaints of sexual harassment under the College’s grievance process. Similarly, the College will never require the Parties in a sexual harassment case to participate in an informal resolution process.
Informal Resolution Process
After the initiation of a formal complaint of sexual harassment, if all Parties voluntarily consent in writing, the College will assist the Parties in an informal resolution process. An informal resolution process is available at any time prior to reaching a determination regarding responsibility in the investigation and adjudication process, except in cases involving allegations of sexual harassment of a student by a College employee.
Before initiating an informal process, the College will obtain the Parties’ voluntary, written request for and consent to the informal resolution process. The written notice to the Parties will disclose the allegations and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared. The notice will also inform the Parties of their right to withdraw from the informal resolution process and resume the investigation and adjudication process with respect to the formal complaint, at any time prior to agreeing to a resolution. If a resolution cannot be reached, the grievance process will proceed.
The informal resolution process will commence in a reasonable and prompt timeframe after consent is received from both the Parties. Upon initiation of the informal process, an impartial facilitator, appointed by the Title IX Coordinator or Deputy Title IX Coordinator will attempt to mediate the dispute through meetings with the Parties. Although face-to-face mediation may be suggested, Parties will never be required to meet directly with one another as part of the informal resolution process.
When sexual harassment allegations have been resolved through informal resolution by mutual
consent of the Parties and on a basis that is acceptable to the appointed facilitator in consultation with the Title IX Coordinator or a Deputy Title IX Coordinator, the resolution process shall be considered finally decided and there will be no subsequent process or appeal.
The institution may consolidate formal complaints alleging 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 sexual harassment arise out of the same facts or circumstances.
Notice of Allegations
The Title IX Coordinator or Deputy Title IX Coordinator will draft and provide the Notice of Allegations to any Party to the allegations of sexual harassment. Such notice will occur as soon as practicable, after the College 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 College 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 or a Deputy Title IX Coordinator may determine that the formal complaint must be dismissed on the mandatory grounds identified above, 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.
Notice of Allegation Contents
The Notice of Allegations will include the following:
1. Notice of the institution’s investigation and adjudication process.
2. Notice of the allegations potentially constituting sexual harassment, 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 conduct allegedly constituting sexual harassment; 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 investigation and adjudication 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.
If, in the course of an investigation, the College decides to investigate allegations about the Complainant or Respondent that are not included in the Notice of Allegations and are otherwise covered “sexual harassment” falling within the Sexual Harassment Policy, the College will notify the Parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means.
The Parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.
Confidentiality and Mandatory Reporting
While the College encourages the alleged victim to report the incident to local or campus law enforcement to access all of the legal protections available, there is NO requirement to do so. Filing a report will not necessarily obligate a victim to prosecute the crime. The Police Department can be reached by calling 732-224-2222 or from a campus phone at 911.
All College employees, including faculty and staff, (full-time, part-time, hourly, and volunteers) with the exception of licensed counselors are considered “Mandatory Reporters.” Mandatory Reporters are required to report actual or suspected incidents of sexual harassment to the Title IX Coordinator or Deputy Coordinator.
Counselors are required to adhere to N.J.A.C 13:34-8.3 regarding “Confidentiality” and may be exempt from reporting the crime if functioning within the scope of his/her license or certification. If there is a clear and present danger to the health or safety of the victim and/or others, the counselor has a duty to notify the appropriate College official.
Complainants may want to carefully consider whether they share personally identifiable details with a non-confidential Mandated Reporter, as those details must be shared with the Title IX Coordinator/Deputy Coordinator. Before a person discloses any information to an employee, the employee should explain the reporting obligations and direct the person to privileged or confidential resources should that person wish to maintain confidentiality. The person can still request confidentiality when discussing an incident with an employee, but the employee and the College may not be able to honor that request.
Employees must promptly share all details of behaviors under this policy that they observe or have knowledge of, even if not reported to them by a Complainant or third-party.
Failure of a Mandated Reporter to report an incident of harassment or discrimination of which they become aware is a violation of Brookdale policy and can be subject to disciplinary action for failure to comply.
If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with:
- A licensed professional counselor. A Complainant may call 732-224-2329 for an appointment to speak with one of Brookdale’s licensed professional counselors
- Off campus non-employees, such as:
- Licensed professional counselors and other medical providers
- Local rape crisis counselors
- Domestic violence resources
- Local or state assistance agencies
All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.
Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as speak-outs do not provide notice that must be reported to the Coordinator by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from Brookdale.
Supportive measures may be offered as the result of such disclosures without formal College action.
Actual Knowledge Triggers the Obligation to Respond
Actual knowledge is notice of sexual harassment or allegations of sexual harassment to the College’s Title IX Coordinators or Deputy Coordinators/Investigators, who are Authorized Officials of the College (those who have authority to institute corrective measures on behalf of the College). Notice to an Authorized Official triggers the College’s obligation to respond.
Reporting to Authorized Officials
All employees except licensed Counselors, working in a counseling capacity, are Mandated Reporters and must report to the Title IX Coordinator/Deputy Coordinators/Investigators all relevant details about the alleged sexual harassment including the names of the potential Complainant and Respondent), any Witnesses and other relevant facts, including the date, time and specific location of the alleged incident(s).
The following employees are the College’s Authorized Officials. In all cases, the area code is (732).
Associate Vice President, Student Affairs, Dr. Yesenia Madas, MAC Rm 106 (Title IX Coordinator for Student Matters) 224-2215
Director, Student Conduct and Compliance, Christopher Jeune, MAC Rm 106 (Deputy Title IX Coordinator/Investigator for Student Matters) 224-2096
Associate Vice President, Human Resources and Organizational Safety, Patricia Sensi, BAC, Rm 137 (Title IX Coordinator for Employee Matters) 224-2234
Manager, Diversity, Inclusion and Compliance, Currently Vacant, (Deputy Title IX Coordinator/Investigator for Employee Matters) 224-2695
The Complainant reporting an incident will be advised by the Title IX Coordinator or Deputy Title IX Coordinator of the right to file, or not to file, a formal complaint. Supportive measures will be provided to both the Complainant and the Respondent whether the complaint is filed or not. If the Complainant wishes to pursue a complaint, the substance and outcome are to remain confidential and will only be shared with the Respondent, Complainant, and those directly involved in the investigation. Any violation of the confidentiality of the substance and/or outcome will be subject to disciplinary action under applicable policies, regulations, and/or procedures.
The College is required under federal law (the Clery Act) to report incidents of sexual misconduct / violence but will not identify any victim in the mandated annual security reporting.
Sanctions Against the Respondent
Following the hearing, if a Respondent is found to be responsible, they are subject to disciplinary action in accordance with this Regulation. Sanctions that may be imposed following a final determination of responsibility which may include, but are not limited to, those described in the “Sanctions and Remedies” section of this Regulation.
Any visitor, supplier, contractor or delivery person alleged to have violated this policy will be reported to the Brookdale Community College Police Department and/or to his/her human resources representative, if applicable. Violation of this policy may result in the individual being banned from the College and/or the loss of business with the College.
Crime Prevention Programs for Students and Employees
A common theme of a crime prevention program is to encourage students and employees to be aware of their responsibility for their own security and the security of others. The College provides crime prevention programs for new students via online training in their first long semester, continuing students as part of guest lectures by the Police Department and for students and employees through on-line and open in-person programs.
Crime prevention is further enhanced by the dissemination of the College’s Student Code of Conduct to students and the College’s Code of Ethics and the Equal Opportunity and Non-Discrimination Regulation for employees. This information is provided to students each semester and annually to employees.
The key elements to crime prevention are reinforced through collaboration among the Campus Police Department, faculty, staff, and students.
The College will take supportive measures to assist the Complainant and/or Respondent. In serious matters, the College may institute an emergency removal of the Respondent when there is a threat to health or safety. If a Respondent is removed in an emergency basis, they will be provided with written notice and an opportunity to challenge the decision.
Duties of All Participants
1. Duty of Honesty – All Parties and Witnesses are obligated to be completely honest during the course of the entire process set forth in this policy. Any person who knowingly makes a false statement — either explicitly or by omission — in connection with any part of the process may be subject to separate College disciplinary action.
2. Duty of Cooperation – All Parties and Witnesses are obligated to cooperate with the Title IX Coordinator and any persons charged with implementing this regulation. All participants in the investigation are expected to provide complete, accurate, and truthful information. They may also be expected to sign statements or other documents memorializing the information they provide in the course of an investigation. Any person who knowingly interferes with the actions taken to implement the reporting, investigation, or resolution of matters under this policy may be subject to separate College disciplinary action.
3. Duty of Confidentiality – All Witnesses are obligated to maintain the confidentiality of all information and materials they become aware of or possess as a result of their participation in the investigation or adjudication procedures set forth in this policy. Parties are expected to maintain the confidentiality of all information and materials, to the fullest extent possible. However, Parties may share confidential information as necessary to gather and present relevant evidence during the investigation and adjudication process. The Duty of Confidentiality continues beyond the conclusion of the case.
The College retains the authority to place a non-student employee Respondent on administrative
leave during the sexual harassment investigation and adjudication process, consistent with Policy 3.9009.
If a case is not dismissed by the College, an investigation will commence. The investigation will be completed by an impartial, trained individual who is not serving as the Title IX Coordinator or the Hearing Officer. The Investigator will meet with both the Complainant and Respondent, who may have Advisors present for the investigation. Advisers may provide guidance, support, or advice to the Complainant or Respondent privately but, with the exception of the examination of Witnesses during a live hearing, may not act as speaking advocates at a meeting or proceeding.
The Investigator will also meet with any relevant Witnesses identified, and collect any and all relevant exculpatory and inculpatory evidence. Once the preliminary investigation is completed, the Investigator will provide the Complainant, Respondent and their Advisors, if any, with an initial investigation report for review. Parties are expected to maintain the privacy of this document and may not distribute the document. Unauthorized distribution of this document may result in referral to the appropriate office for disciplinary action.
The Parties may respond to discrepancies or concerns and/or provide additional documentary evidence, requests for additional steps in the investigation, names of additional Witnesses, or any other information they deem relevant to the Investigator, up to five (5) pages, within five (5) calendar days after the preliminary report is made available for review. The Title IX Coordinator or designee may, in their discretion, waive or adjust the page or time limit for the feedback.
In the event new, relevant information is provided or identified by one of the Parties after their review of the preliminary report, the relevant information will be incorporated into the preliminary report and the Parties will be provided a second and final opportunity to review and provide feedback regarding the new information before the Investigator proceeds with finalizing the report. The Parties may submit up to three (3) pages of feedback regarding new information within five (5) calendar days after it is made available for review.
The Investigator will then review those responses and write a final summary investigation report, which will be provided to all Parties and their Advisors at least ten days prior to the live hearing. The final report will be used in the live hearing.
All Respondents are considered not responsible for a violation of the regulation unless they are found responsible using the process detailed below. In the event a Respondent who has been notified of an investigation and fails to cooperate with the Investigator, the investigation and/or adjudication may proceed, a finding reached, and a sanction imposed based solely on the other information available.
A student or employee may request from the Title IX Coordinator/Deputy Coordinator a “College No Contact Order,” which is enforceable, if violated, under College policy. In the event of a crime or for obtaining and/or enforcing a judicial No-Contact Order or an Order of Protection/Restraining Order, individuals are encouraged to contact the Brookdale Community College Police Department (BCCPD). The BCCPD will determine the proper jurisdiction/police department for handling of any reported offense, and the BCCPD can assist any victim by getting them in contact with the appropriate authority.
If the case is not dismissed by the College, and the Parties do not request and/or consent to Informal Resolution, the College will convene a live hearing following completion of the investigation. At least 10 days shall be given to the Parties to review the final investigation report and to prepare for the hearing. The Parties are required to have Advisors at the live hearing. If the Parties do not have Advisors of their choice for the hearing, Advisors of the College’s choice will be provided at no cost to the Parties. The hearing will be led either by a person designated as the Hearing Officer or by a Hearing Panel. The hearing must be live and must include the opportunity for Advisors to cross examine the Parties and Witnesses. If the Parties are in separate rooms, the hearing must provide live audio and video for all Parties. Advisors are not required to be, but may be, attorneys. The Hearing Officer has the responsibility of determining whether the Respondent is responsible or not responsible for a Title IX violation based on the investigative report and the information presented during the hearing. If the Respondent is determined to be responsible, the matter proceeds to the sanctions stage.
The Title IX Coordinator will designate a single Hearing Officer or a three-member Hearing Panel, at the discretion of the Title IX Coordinator. The single Hearing Officer will Chair the hearing. If a Hearing Panel is designated, one of the three panel members will be appointed as Chair by the Title IX Coordinator.
All Hearing Officers will be trained. In addition to training on how the hearing process works, the training will include specific instruction about how to approach students about sensitive issues that may arise in the context of gender-based misconduct. The Complainant and the Respondent will be informed of the Hearing Officer’s identity before the hearing process begins.
The College will give the Parties at least ten days’ advance notice of the hearing after the final investigative report is completed and shared with the Parties. The hearing is a closed proceeding, meaning that no one other than the Hearing Officer, the Complainant and the Respondent, their respective Advisors, Witnesses (when called), and necessary College personnel may be present in the hearing room or rooms during the proceeding. The College will work with other College personnel so that any student whose presence is required may participate in the hearing. Technology may be used to aid in the live hearing process.
In general, hearings will proceed as follows:
- Complainant statement;
- Respondent statement;
- Questions to the Complainant by the Respondent’s Advisor;
- Questions to the Respondent by the Complainant’s Advisor;
- Witness testimony and questioning by the Hearing Officer and Advisors;
- Closing statement by Complainant, and;
- Closing statement by Respondent.
The Hearing Officer may set reasonable time limits for any part of the hearing. Each of the Parties will have the opportunity to present Witnesses and other information consistent with this regulation. The Hearing Officer will determine procedural issues and the relevance of, place restrictions on, or exclude any Witnesses or information.
If a Party or Witness chooses not to submit to an Advisor’s cross-examination at the hearing, either because they do not attend the hearing, or they attend but refuse to participate in questioning, then the Hearing Officer may not rely on any prior statement made by that Party or Witness at the hearing (including those contained in the investigation report) in the ultimate determination of responsibility. Available evidence other than a statement by the Party or Witness may be considered to reach a determination.
If the Party or Witness attends the hearing and answers some cross-examination questions, only the statements related to the cross-examination questions they refuse to answer cannot be relied upon.
The Hearing Officer may not draw any inference solely from a Party’s or Witness’s absence from the hearing or refusal to answer cross-examination. However, if a Party or Witness refuses to answer a Hearing Officer’s questions, the Hearing Officer may rely on that Party or Witness’s statement.
If charges of policy violations other than sexual harassment are considered at the same hearing, the Hearing Officer may consider all evidence it deems relevant, may rely on any relevant statement as long as the opportunity for cross-examination is afforded to all Parties through their Advisors, and may draw reasonable inferences from any decision by any Party or Witness not to participate or respond to questions.
Additional hearing rules include:
- Testimony via Technology. If a Party or Witness cannot attend the hearing in person, the Party or Witness may request alternative arrangements from the Title IX Coordinator, or other hearing facilitator, at least five (5) business days prior to the hearing. The Title IX Coordinator or hearing facilitator may then arrange for the Party or Witness to participate using technology that allows for remote participation (i.e. Zoom). All Parties will be able to view the other during the entire proceeding, including during cross examination.
- Questioning. Only the Hearing Officer and Advisors may ask questions of the Complainant and the Respondent and any Witnesses. The Hearing Officer must permit each Party’s Advisor to ask the other Party and any Witnesses all relevant questions and follow-up questions, including questions challenging credibility. The Hearing Officer has the final authority on the relevance of any questions and information submitted for consideration.
- Hearing Recording. The College will keep a recording of the hearing for reference, for sanctioning, and for purposes of appeal. Parties may not record the proceedings and no other unauthorized recordings are permitted. The recording of any live hearing will be available to the Parties for inspection and review. The recording will not be copied or otherwise disseminated to the Parties.
- Cell Phones and Recording Devices. Cell phones and recording devices may not be used in the hearing room except as noted above.
- The Hearing Officer will limit or disallow questions on the basis that they are irrelevant, unduly repetitious, or abusive. The Hearing Officer will not consider: 1)incidents not directly related to the alleged violation unless they evidence a pattern; 2) the character of the Parties; 3) questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior, unless 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 if 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. The Hearing Officer has the final determination of whether questions may be asked and whether they are relevant.
- Information Regarding Romantic or Sexual History. The Hearing Officer will determine when sexual predisposition or prior sexual behavior is relevant and can be included. If such information is offered by the Complainant or Respondent, the other has the right to respond. The existence of a prior consensual dating or sexual relationship between the Parties by itself does not support an inference of consent to alleged gender-based misconduct.
- Prior Conduct Violations. The Hearing Officer will not consider the prior conduct violations of the Respondent or Complainant, unless the Hearing Officer has received such information in the investigation of the matter because:
- The Parties were previously found to be responsible, and
- The previous incident was substantially similar to the present allegation(s) and/or the information indicates a pattern of behavior by the Parties.
After notice of the Live Hearing date has been sent to the Parties and before the Live Hearing is conducted, the Hearing Officer may convene a pre-hearing meeting(s) with the Parties and/or their Advisors to invite them to submit the questions or topics that they (the Parties and/or their Advisors) wish to ask or discuss at the hearing, so that the Hearing Officer can rule on their relevance ahead of time to avoid the introduction of any improper evidence at the hearing and/or to provide recommendations for more appropriate phrasing. This advance review opportunity, however, will not preclude the Advisors from asking questions for the first time at the hearing or from asking for a reconsideration based on any new information or testimony offered at the hearing.
The Hearing Officer, only with full agreement of the Parties, may decide in advance of the hearing that certain Witnesses do not need to be present if their testimony can be adequately summarized by the Investigator in the investigation report or during the hearing.
At each pre-hearing meeting with a Party and their Advisor, the Hearing Officer will consider arguments that evidence identified in the final investigation report as relevant is, in fact, not relevant. Similarly, evidence identified as directly related but not relevant by the Investigator may be argued to be relevant. The Hearing Officer may rule on these arguments pre-hearing and will exchange those rulings between the Parties prior to the hearing to assist in preparation for the hearing.
The pre-hearing meeting(s) will not be recorded.
Determinations/Standard of Proof
The Hearing Officer will use “preponderance of the evidence” as the standard of proof to determine whether a violation of sexual harassment, domestic violence, dating violence, sexual assault, or stalking has occurred. As explained above, preponderance of the evidence means that, in order to find the Respondent responsible for a violation of Title IX, the Hearing Officer must be convinced, based on the information it considers, that the Respondent was more likely than not to have engaged in the conduct at issue.
The Hearing Officer will find the Respondent responsible, or not responsible. The Hearing Officer will generally render a determination within ten (10) business days after the conclusion of a hearing.
When there is a finding of responsibility on one or more of the allegations, the Hearing Officer may then consider the previously submitted Party impact statements in determining appropriate sanctions. The Hearing Officer will determine the appropriate sanction(s) and, in the process of doing so, may consult with other appropriate administrators.
After reaching a conclusion, the Hearing Officer will prepare a written determination which will include the following:
- Identification of the allegations potentially constituting sexual harassment as defined in this Regulation;
- Description of the procedural steps taken from receipt of the formal complaint through the determination, including any notification to the Parties, interviews with the Parties and
- Witnesses, site visits, methods used to gather evidence, hearings held;
- Findings of fact supporting the determination;
- Conclusions regarding the application of the College’s policy to the facts;
- Statement and rationale for the result as to each allegation, including a determination regarding responsibility, any sanctions to be imposed; and
- The College’s procedures and permissible bases for appeal.
This statement must be submitted to the Title IX Coordinator within a reasonable time after deliberation, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the Parties.
The Written Determination will then be shared with the Parties simultaneously. Notification will be made in writing and may be delivered via Brookdale email account, US mail, or in person.
Sanctions and Other Remedies
1. How Sanctions Are Determined
The Hearing Officer will impose sanctions that are:
- Fair and appropriate given the facts of the particular case;
- Consistent with the College’s handling of similar cases;
- Adequate to protect the safety of the campus community; and
- Reflective of the seriousness of gender-based misconduct.
The Hearing Officer will consider relevant factors, including if applicable: (1) the specific gender-based misconduct at issue (such as penetration, touching under clothing, touching over clothing, unauthorized recording, etc.); (2) the circumstances accompanying the lack of consent (such as force, threat, coercion, intentional incapacitation, etc.); (3) the Respondent’s state of mind (intentional, knowing, bias-motivated, reckless, negligent, etc.); (4) the impact of the offense on the Complainant; (5) the prior disciplinary history of the Respondent; (6) the safety of the College community; and (7) the conduct of the Respondent during the grievance process.
In determining what sanctions will protect the safety of the College community, the Hearing Officer will consider: (1) the risk that the Respondent may again engage in additional gender-based misconduct; and (2) the deterrent or permissive effect of a particular sanction on the campus community, including on particular individuals and organizations aware of the offense (keeping in mind that a sanction must always be fair and appropriate for the particular case).
The Hearing Officer will render a sanctioning decision with the decision on responsibility. The sanctioning decision will be communicated in writing to the Complainant and Respondent simultaneously.
2. List of Sanctions
The College may impose any one or more of the following sanctions on an individual determined to be responsible for a Title IX violation:
• Changing the academic schedule of the student
• Disciplinary probation
• Revocation of honors or awards
• Restricting access to College facilities or activities (including student activities and campus organizations)
• Issuing a “No Contact Order” to the student or requiring that such an order remain in place
• Dismissal or restriction from College employment
• Suspension (limited time or indefinite)
• Community Service
• Revocation of degree
• Referral to EAP/Counseling
• File complaint with police department
• Institute legal action if appropriate
• Notification to Employer’s HR Department for Action
• Requirement that the individual be excluded from assignment by the company to the College’s worksite
• Suspension of business with the College
• Termination of business with the College
• File complaint with police department
• Institute legal action if appropriate
• Denial of access to the campus
• Report to the Police Department
• Institute legal action if appropriate
Supportive Measures for Complainants and Respondents
Whatever the outcome of the hearing process, a Complainant or Respondent may request ongoing or additional reasonably available supportive measures designed to restore or preserve equal access to the College’s educational program or activities, including measures designed to protect the safety of all Parties or the College’s educational environment or deter sexual harassment. The College will determine whether such measures are appropriate. Potential supportive measures include:
• Extensions of deadlines or other course-related adjustments
• Mutual restrictions on contact between the Parties
• Leave of absence
• Providing an escort for the Party
• Changing the Party’s academic schedule
• Adjusting the Party’s work schedule
• Allowing the Party to withdraw from or retake a class without penalty
• Providing access to tutoring or other academic support, such as extra time to complete or re-take a class
The College may also determine that additional measures are appropriate to respond to the effects of the incident on the College community. Additional responses for the benefit of the College community may include:
• Increased monitoring, supervision, or security at locations or activities where the misconduct occurred;
• Additional training and educational materials for students and employees;
• Revision of the College’s policies/regulations relating to gender-based misconduct.
Either the Complainant or the Respondent, or both, may appeal the determination of the Hearing Officer to an Appeals Hearing Officer within five (5) business days of the notification of the sanctions imposed. The individual requesting an appeal must submit an appeal letter to the Appeals Hearing Officer. If either the Complainant or the Respondent submits an appeal, the Appeals Hearing Officer will notify the other Party that an appeal has been filed and the grounds of the appeal. The non-appealing Party may submit a written response within five days after notice of an appeal.
The three grounds for appeal are:
1. A procedural irregularity affecting the outcome of the matter;
2. New information that was not available at the time of the investigation or hearing and that may change the determination or sanction; and
3. The Title IX Coordinator, Investigator, and/or Hearing Officer had a conflict of interest or bias for or against either of the Parties generally or the individual Party that affected the outcome of the matter.
Disagreement with the finding or sanctions is not, by itself, grounds for an appeal.
If the Appeals Hearing Officer concludes that a change in the Hearing Officer’s determination is warranted, the Appeals Hearing Officer may enter a revised determination or sanction. Both Parties will be notified simultaneously of the decision by the Appeals Hearing Officer. The decision is then final.
The appeal decision will consider if the sanctions are:
• Fair and appropriate given the facts of the particular case;
• Consistent with the College’s handling of similar cases;
• Adequate to protect the safety of the campus community; and
• Reflective of the seriousness of gender-based misconduct.
Grievance proceedings conducted by the College are subject to the Family Educational Records and Privacy Act (FERPA), a federal law governing the privacy of student information. FERPA generally limits disclosure of student information outside the College without the student’s consent. Likewise, grievance proceedings involving employees are also treated as confidential documents.
Disciplinary information without a student’s or employee’s consent may be released in certain circumstances as provided by law. Any information gathered in the course of an investigation may be subpoenaed by law enforcement authorities as part of a parallel investigation into the same conduct, or required to be produced through other compulsory legal process.
The College may amend this Regulation. Nothing in this Regulation shall affect the inherent authority of the College to take such actions as it deems appropriate to further the educational mission or to protect the safety and security of the College community.
Assistance Available to Victims
If you or someone you know has been sexually assaulted or raped, get to a safe place. Call 911, your local police department or the Rape Care Hotline at (888) 264-RAPE (toll free). Do not eat, drink, shower or change clothing until you have been examined.
180/Turning Lives Around of Monmouth County will help provide shelter, outpatient counseling and advocacy for women. Call (732) 264-4111 or (888) THE WCMC (888-843¬9262) 24-hour Crisis Hotline. For more information, go to: https://180nj.org/
Brochures on these subjects are available in the Advising and Counseling Office (CAR), the Campus Police Department (Alumni Drive), the Student Life & Activities office (SLC), the Student Conduct & Compliance Office (MAN), and the Human Resources Office (BAC).
The College Sexual Assault Response System
If you or someone you know is a victim of sexual assault:
• You have the right to privacy: All information you share about the incident must and will be kept confidential. College officials cannot talk about your experiences without your permission. College officials will report that an incident occurred to the campus police. Campus police have an obligation under the Clery Act to report to the state and other authorities the date of an incident. No other information will be shared without your permission.
• You have the right to make decisions about who can be contacted and if and how any intervention will proceed. You have the option, or not, to notify and seek assistance from law enforcement and campus authorities. You have the option of seeking assistance from any of the services mentioned in this Regulation.
• You have the right to institutional implementation of court-issued No Contact Orders/ Orders of Protection/Restraining Orders.
• You have the right to view the College’s annual Clery Report located on the BCC Police Department webpage.
Reporting Sexual Misconduct
The following actions should be taken by the victim or a Witness to sexual misconduct / violence:
1. Preserve evidence as may be necessary as proof of criminal activity or to obtain an appropriate order of protection.
2. Call Rape Care Hotline at (888) 264-RAPE (toll free) or (888) THE WCMC (888-843-9262) 24-hour Crisis Hot Line.
3. Report the alleged offense as soon as possible to authorized officials:
-Title IX Coordinators
for student matters: Associate Vice President- Student Affairs, 224-2215),
for employee matters: Associate Vice President – Human Resources & Organizational Safety, 224-2234),
-Deputy Title IX Coordinators/Investigators –
for student matters: Student Conduct & Compliance Officer, 224-2096
for employee matters: Manager – Diversity, Inclusion & Compliance, 224-2695
How to Be an Active Bystander
What is a Bystander?
Bystanders are the largest group of people involved in violence (sexual, dating and domestic). They greatly outnumber both the perpetrators and the victims. Some bystanders know that a specific assault is happening or will happen. Some bystanders see an assault or a potential assault in progress. Bystanders have the power to stop assaults from occurring and to get help for people who have been victimized.
A perpetrator of College sexual assaults may be outwardly charming, have a lot of friends, and may not consider the actions to be wrong. People who know this person (bystanders) and who might be friends with this person, often do not want women they care about (sisters, friends, etc.) to date or hang around this person. But when the behavior is directed at other women whom they are not close to, they often do not think they need to get involved. Bystanders often know that this person’s behavior is inappropriate and potentially illegal, but they do not know what they can do to make a difference.
Brookdale Community College wants to create a culture of bystanders who are actively engaged in the prevention of violence, not bystanders who stand by and do nothing.
Safe and Positive options for Bystander Interventions:
• Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, sexual assault, or stalking.
• Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers for intervening, identifying safe and effective intervention options, and taking actions to intervene.
• Believe someone who discloses a sexual assault, abusive relationship, or experience with stalking.
• Be respectful of yourself and others. Make sure any sexual act is OK with your partner if you initiate.
• Watch out for other students, staff members, faculty members, and friends. If you see someone on or off Brookdale’s campuses who looks like they are in trouble, ask if they are okay. If you are afraid to interfere with the situation, call that person over for something very general (“Can I speak to you about the homework from the other day?”). If you see another student, staff member, faculty member, or friend doing something harmful, say something.
• Speak up. If someone says something offensive, derogatory, or abusive, let them know if you can do so safely that the behavior is wrong and you don’t want to be around it. Don’t laugh at sexist, racist, or homophobic jokes.
Ways to Reduce Your Risk of Sexual Assault
Sexual abuse is a form of physical abuse. Any situation in which you are forced to participate in unwanted, unsafe or degrading sexual activity is sexual abuse. Forced sex, even by a spouse or intimate partner with whom you also have consensual sex, is an act of aggression and violence. Furthermore, people whose partners abuse them physically and sexually are at a higher risk of being seriously injured or killed.
While you can never completely protect yourself from sexual assault, there are some things you can do to help reduce your risk of being assaulted.
• Be aware of your surroundings.
• Try to avoid isolated areas.
• Walk with purpose. Even if you don’t know where you are going, act like you do.
• Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be.
• Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
• Don’t allow yourself to be isolated with someone you do not trust or someone you don’t know.
• Avoid putting music headphones in both ears so that you can be more aware of your surroundings.
• If someone is pressuring you and you need to get out of an uncomfortable situation:
o Remember that being in this situation is not your fault.
o Don’t feel obligated to do anything you do not want to do.
o Have a code word with your friends or family so that you can call them and communicate your discomfort without the person you are with knowing.
o Try to think of an escape route. How would you get out of the room? Where are the doors? Windows?
Public Safety Suggestions
• If you travel unescorted, especially at night, you should be aware of measures you can use to safeguard yourself from attack. Brookdale Community College is ready to assist you in an emergency.
• For the Lincroft campus, use the emergency phone number at the College – 2222 – from any on-campus phone or call 911. Also, there are exterior emergency Call Boxes identified by blue lights located throughout the Lincroft campus and at the Wall location. View a map of the Lincroft campus at http://www.brookdalecc.edu/images/map/map2high-res.jpg.Operate the call box by opening the door, picking up the handset and the police will be contacted whether or not a message is transmitted. If you are calling from a cell phone for an emergency, dial 911. From outside the College phone system, call (732) 224-2222 to also report a non-emergency or public safety related matter.*
• To report a crime or emergency or non-emergency at Brookdale at Wall, call Security at 6001 or, from outside the College phone system, (732)280-7090 ext. #1.*
• To report a crime or emergency or nonemergency at Brookdale at Hazlet, call Security at 4004 or, from outside the College phone system, (732)739-6012.*
• To report a crime or emergency or non-emergency at Brookdale at Long Branch, call Security at 1514 or, from outside the College phone system, (732)229-8440 ext. #1.*
• To report a crime or emergency or non-emergency at the Brookdale at Neptune, call Security at 1226 or, from outside the College phone system, (732)774-3363 ext. #1.*
• To report a crime or emergency or non-emergency at Brookdale’s Freehold Campus, call Security at 7000 or, from outside the College phone system, (732)780-0020 ext. #1.*
*Note: only Lincroft and the Wall regional location are open in FY21 due to the pandemic
You can help combat crime if you are aware of:
• Suspicious Persons
• Questionable Actions
• Dangerous Conditions
Your information is valuable. Give it to the College Police quickly. Time is important. The following observations help identify people:
• Observe the individual’s height, weight, age, complexion, dress, speech, movement and anything else unusual in appearance or actions. Identify two or more notable characteristics. Compare physical proportions and age with someone you know.
• Observe distinguishing marks — a ring or other jewelry, tattoo or scar, missing tooth or finger, bow legs, etc.
• Observe if a car is used. Write down the color, make and license number.
• The best weapon against attack is psychological preparedness. An attacker usually expects a passive victim. Walking at a steady pace, looking confident and knowing where you are going makes a difference. Although there is no sure way to protect yourself against attack, certain factors can decrease your vulnerability.
• Try to avoid going out at night alone. When possible, walk with another person or in group. If walking alone, be even more alert to your surroundings.
• Walk near the curb and avoid walkways that pass close to shrubbery, dark doorways and other places where someone may hide. Avoid shortcuts and stay in well-lighted areas.
• Do not accept rides from strangers. If a car approaches and you are threatened, scream and run in a different direction opposite that of the car. The driver will have to turn around to pursue you.
• Maintain a secure grip on your purse. Avoid carrying large amounts of money or wearing expensive jewelry.
• Avoid working in or leaving classrooms and meeting rooms alone at night. Walk to the parking lot with another person.
• Avoid over loading your arms which renders you defenseless. Be prepared to drop bundles and run.
• Consider wearing clothing that would not impede your ability to run quickly.
• If you fear danger, scream loudly or blow a whistle. Don’t be afraid to be afraid. Raising a commotion in an uneasy situation may prevent an attack.
• Carrying a defense implement, such as an umbrella or a spray can, should be considered with caution and should be used only to stop an attack in order to get away.
• Avoid telephone conversations while walking alone especially during the hours of darkness.
When Going to Your Car
• Whether your car is parked in your own driveway, or in a parking lot, it is a good idea to remember the following rules:
• Avoid walking through or next to unlighted wooded areas or bushes whenever possible.
• Always have your car keys ready.
• Always approach your car dead center from the front or rear, never from the side. This allows you complete visibility on both sides (driver and passenger) and also allows detection of anyone hiding or lurking there.
• It is advisable to carry a pocket flashlight or penlight at all times. Before getting into the car, look in the back seat and on the rear floor of the vehicle. Check the cars adjacent to you to assure that no one is hiding or waiting for you.
• Upon getting in the vehicle, lock all doors at once.
• Start the engine immediately — don’t just sit and wait.
• Should anyone try to break into the vehicle while you’re in it, press down firmly on the horn and keep it pressed down to attract as much attention as possible. Make every attempt to drive away.
• Whenever possible, have someone accompany you to your vehicle, then drive the person to his/her car.
• Travel on well-lighted, busy streets. Keep windows rolled up and doors locked.
• Do not leave your wallet or purse in view. Put it in the glove compartment or on the floor opposite you.
• Keep your car in gear at all traffic lights and stop signs. If your safety is threatened, hold down on the horn and drive away.
• When stopped behind another vehicle make sure you can see the rear wheels of the vehicle touch the roadway. Never drive any closer. This will allow room to drive away if danger approaches.
• If you have reason to believe that another vehicle is following you, do not stop. Drive to the nearest police station or open business. Write down the license number and description of the vehicle.
• Park only in well-lighted areas and look for loiterers before leaving your vehicle.
• Lock your vehicle and do not leave valuables in view. (Lock them in the trunk.) This will discourage thieves.
• Don’t hitchhike, and don’t pick up hitchhikers.
Brookdale Police Department – Lincroft
• On-Campus Emergency (24/7/365) 911
• Police Services X2222
• Anonymous Tip Line X1999
Regional Locations – Security Guards*
• Regional Location Emergency (24/7/365) 911
• Hazlet (during business hours) X4004 or 732-739-6012
• Long Branch X1514 or 732-229-8440, x1
• Wall X6001 or 732-280-7090, x1
• Neptune X1226 or 732-774-3363, x1
*Note: only the Wall location is open FY21
X7000 or 732-780-0020, x1
Medical Treatment – While at Brookdale
• Contact the Brookdale Police or Regional Security Guard Numbers above
Medical Treatment – Off Campus
• Bayshore Community Hospital
727 North Beers Street
Holmdel, New Jersey 07733 732-739-5900
• CentraState Heathcare System
West Main Street
Freehold, New Jersey 07728 732-625-1238
• Jersey Shore University Medical Center
1945 Route 33
Neptune, New Jersey 07753
• Monmouth Medical Center
300 Second Avenue
Long Branch, NJ 07740 732-775-5500
• Riverview Medical Center
One Riverview Plaza
Red Bank, New Jersey 07701 732-771-2700
• On-Campus – Licensed Counselors 732-224-2329
• Off-Campus – Monmouth County Rape Crisis Center Hotline 732-264-RAPE
V. Responsibility for Implementation
Title IX Coordinators:
Associate Vice President Human Resources & Organizational Safety
Associate Vice President of Student Affairs
Approved: President, 10/30/2020