Policies and Practices

OEE Policies are designed to foster a safe and non-discriminatory University environment. OEE investigates complaints filed against staff, faculty, and third parties working at or for the University under the polices referenced below.

Sexual Misconduct under Title IX

This policy applies to conduct committed by University employees, faculty, and/or third parties working at or for the University and addresses prohibited conduct including:

• Sexual harassment
• Sexual violence
• Sexual exploitation
• Gender-based harassment
• Stalking
• Relationship violence

Complaints under this Policy will be addressed as outlined in the University Policy 60.1.33: Title IX Policy and Resolution Procedures. The Policy describes the ways in which Rutgers responds to reported conduct covered by Title IX and its implementing regulations.

Reports involving conduct committed by University employees, faculty, and/or third parties working at or for the University may be submitted through the University Helpline.

Title IX of the Education Amendments of 1972

Title IX of the Education Amendments of 1972 is a federal law that prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. Title IX applies broadly across the University, including educational programs and employment.

Rutgers has designated Title IX Coordinators to assist members of the University community with reporting concerns, understanding available resources, and navigating applicable policies and procedures. The appropriate Title IX contact depends on whether the reported conduct involves a faculty or staff member, a student, or another individual affiliated with the University.

For Complaints Against Faculty or Staff (or individuals who do business with Rutgers)

Melissa Lynn Ercolano, J.D. 
Director, Office of Employment Equity 
Title IX Coordinator for Faculty/Staff (employees) 
University Human Resources 
57 US Highway 1, ASB II 
Cook Campus 
Phone: 848-932-3973 
Email: employmentequity@hr.rutgers.edu

For Complaints Against Students

Please visit the Rutgers Title IX Coordinators webpage for contact information for Rutgers Title IX Coordinators, including campus-based student coordinators and University-wide Title IX leadership.

Discrimination and Harassment

This is defined as an intentional or unintentional act which adversely affects employment or educational opportunities due to membership in one or more of the following protected categories:

• Race/Color
• National Origin/Ancestry
• Religion
• Age
• Sex/Gender
• Ethnicity
• Disability
• Sexual orientation
• Gender Identity and Expression
• Genetic Information
• Marital Status
• Veteran or Military Status

If you think you have experienced discrimination or harassment based upon a protected class, please refer to the Policy Prohibiting Discrimination and Harassment. This Policy also discusses the University’s prohibitions against retaliation based upon the exercise of rights under this Policy.

Workplace Violence

Workplace violence is defined as any actual or threatening behavior of a violent nature, as understood by a reasonable person, exhibited by faculty, staff, student employees, or others within the scope of this Policy.

Conscientious Employee Protection

The Conscientious Employee Protection Policy protects employees who report workplace wrongdoing in violation of law or public policy from retaliatory action. Retaliation includes, but is not limited to, the following adverse actions taken against employees:

• Discharge
• Suspension
• Demotion
• Other forms of discipline

Retaliation

The University prohibits retaliation against individuals who, in good faith, assert their rights to bring a complaint discrimination or harassment, sexual misconduct, workplace violence, or violations of law or public policy.

Similarly, employees are protected for participation in investigations of, or otherwise objecting to, the same conduct. Retaliation is also prohibited against individuals who request accommodations based on their disability or religion.

Complaint/Investigation Process

To request a review of an alleged violation of any of these policies:

• Submit a complaint inquiry online (Login Required)
• Complete the Compliant Form via:
  • Email - employmentequity@hr.rutgers.edu
  • Fax - 732-932-0049
  • Mail- 57 U.S. Highway 1, New Brunswick, NJ 08901-8554

There are several options available to those who believe that they have been subject to conduct that may violate one or more of OEE’s policies. An individual may contact the Office of Employment Equity to discuss available options. A complainant may also discuss any interim measures that they feel are necessary during the pendency of OEE’s resolution process. Depending upon the circumstances, a complainant may select an informal or formal resolution process.

• Formal resolution process (“formal resolution”) involves an investigation
  • Your case will be assigned to an OEE investigator who will interview each party involved, including witnesses.
  • At the end of the investigation process, a letter of determination outlining whether a policy violation was made will be sent to each party, including the appropriate Dean or unit head. If there is a finding, the Dean or unit head will determine appropriate corrective and/or disciplinary actions.
  • To learn more about formal resolution process, click here:
• Informal resolution process (“informal resolution”) focuses on stopping discriminatory, harassing, or other behavior without a formal investigation
  • Informal resolution is a voluntary, remedies-based, structured interaction between or among affected Parties that balances support and accountability.
  • Informal resolution options may include educational programs and workshops, impact statement discussions, one-on-one meetings with staff, mediation, or Restorative Practices.
• Detailed information can be reviewed on the Discrimination, Harassment, Workplace Violence and Retaliation Complaint Process document.