Ramapo College Policies, Procedures, Statements

Policy

Legal services are provided to Ramapo College of New Jersey by the Office of General Counsel. The Office of General Counsel provides and coordinates a full range of legal services including legal advice on contracts, employment, statutes, regulations, policies and practices, and other legal issues of significance to the College.

Campus representatives authorized by the President and the appropriate division vice president to obtain legal services may contact the General Counsel for assistance. All College legal services must be coordinated through the Office of General Counsel.

The College retains the New Jersey Attorney General’s Office as its primary outside counsel. As such, a deputy attorney general (DAG) is assigned to the College to assist with legal services, including but not limited to, litigation matters. Services provided by the Attorney General’s Office shall be coordinated through the Office of General Counsel.

In very limited circumstances, other outside counsel may be retained by the Office of General Counsel, the President or the Board of Trustees to meet specialized College needs.

Reason for Policy

To set forth a policy that coordinates the delivery of legal services at the College.

To Whom Does the Policy Apply

All College personnel who communicate with the General Counsel

Contacts

Vice President and General Counsel
201-684-6975

Policy

Ramapo College permits the employment of relatives of current employees as long as no potential conflicts of interest result.

Reason for Policy

To set forth a policy regarding employment of relatives of current employees in compliance with current Conflict of Interest law.

To Whom Does The Policy Apply

All employees

Contacts

Human Resources / Employee Relations
(201) 684-7506 / 7504

Procedure

Procedure 429: Nepotism

Revised: June 7, 1995, February 22, 2010

Ramapo College permits the employment of relatives of current employees so long as no potential conflict of interest results. To alleviate potential conflict, an employee who has the power to appoint, reappoint, or confirm the appointment or reappointment of, approve a change in status of, evaluate performance for salary increment, promotion, or dismissal, of subordinates or subordinates of subordinates, may not hire, supervise, or otherwise manage a relative.

I. Definitions

In accordance with the State Ethics Commission (the Commission) guidelines based on the Conflicts Law (2006) the following is adopted by Ramapo College of New Jersey: A relative is defined as an employee’s spouse or the individual’s or spouse’s parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother or half sister, whether the relative is related to the individual or the employee’s spouse by blood, marriage, or adoption.

II. Family Members Working for the Same Agency

In the case of relatives who work for the same agency, direct supervisor/subordinate relationships are not permitted.

III. Hiring Family Members
With respect to hiring of family members, the Commission looks at the totality of circumstances surrounding the hire to determine whether unwarranted privilege has been afforded a family member. Note that the Conflicts Law prohibits hiring in some circumstances. See N.J.S.A. 52:13D21.2

IV. Interacting with Family Members in the Private Sector
With respect to interactions with family members or their private sector employers, the Commission generally recommends recusal from matters involving the relative and/or the relative’s employer, in order to eliminate any appearance of impropriety.

V. Dating and Other Relationships
The Commission’s policy concerning spouses who work in the same agency is also applicable to non-related individuals who share the same household with the same financial interdependence that the Commission views as creating a conflict in spousal situations. In the case of employees involved in a dating relationship, the Commission has found violations of the unwarranted privilege and appearance sections of the statutes in situations where the State employee had official involvement in a matter affecting the employee with whom he/she had a dating relationship.

VI. Notification

Employees must notify supervisors within 30 days of any current relative at Ramapo College as described in the Nepotism policy, and must communicate any future change in relatedness with another employee (such as marriage, divorce, or separation) within 30 days of occurrence. If such change occurs in the same school/unit, they must be approved for continuing employment in the same school/unit by the supervising Vice President and the President. Such approval may be granted only when no conflict exists. Hiring supervisors must determine the existence of other related Ramapo employees and receive approvals prior to extending an internal or external offer of employment.

In any case where related employees are employed in circumstances noted above which were in effect prior to the implementation of this policy, it will be the responsibility of the supervising Vice President to review the circumstances and determine the necessity for change or the granting of an exception.

VII. Other Resources

For a more complete discussion of this subject, see Official Interactions with Family Members/Cohabitants and Dating Relationships, at www.nj.gov/ethics/statutes/guide/famcode.html

The Office of Employee Relations will periodically review employee records and require “Supervisory Conflicts of Interest Certification” as potential conflicts of interest are identified.

Policy

Preamble

The Ramapo College Code of Professional Responsibility applies to all full-time and part time employees of the College including but not limited to all administrators, faculty, adjuncts, managers and staff employed by Ramapo College (collectively referred to as “employee(s)^“2 , unless otherwise indicated). It consists of a Code of Professional Conduct and a Code of Ethics. The Code of Professional Responsibility establishes standards of conduct the College deems proper and necessary to advance the beneficial ends of the institution and to foster the professional welfare of the College community. It is based upon principles of honesty and integrity. The standards it sets forth intend to foster the integration of these principles into the professional life of the College. Conduct which breaches such standards or violates these principles may be processed under this Code.

The Code of Professional Responsibility is designed to supplement, not replace other College policies. Nothing contained herein shall prevent Ramapo College from addressing violations of this Code administratively through other avenues of redress as it determines appropriate.

Furthermore, the Code of Ethics requires all employees of Ramapo College of New Jersey to fully comply with all applicable provisions of N.J.A.C. 9A:3-1.1 et esq. (Institutional Code of Ethics), N.J.S.A 52:13D-12 et esq. (New Jersey Conflict of Interest Law) and N.J.A.C. 19:61-1.1 et esq. (Executive Commission on Ethical Standards Rules) which comprise the statutory and regulatory authority of this Code.

Ramapo College remains committed to its anti-discrimination and workplace harassment policies, to preserving the integrity of its personnel procedures and to maintaining the highest standards of professional conduct.

The Code of Professional Responsibility is both a declaration of institutional values and a statement of enforceable standards of conduct. The procedures adopted shall be consistent with existing personnel policies and procedures and shall preserve rights of due process and confidentiality and other rights as provided by policy, contract, or law. It should be further understood that the College is a proper forum for critical inquiry and the free exchange of ideas. Rights of academic freedom and freedom of expression shall be preserved and shall not be abridged in the application of the Code.

I. Code of Professional Conduct

General Provisions

The Ramapo College Code of Professional Conduct provides that:

All employees of the College shall comply with and abide by all State and Federal laws and regulations.
All employees of the College shall comply with and abide by the College’s promulgated rules, regulations, policies and procedures.
All employees of the College shall maintain the highest professional standards such as accountability for knowingly furnishing false information to the College or its staff.
All employees of the College shall not commit an act of forgery, alteration or misuse of College documents, or records, including unauthorized access to Ramapo’s database files.
All employees of the College shall not commit an act of theft, damage or destruction of Ramapo’s or the State’s property.
All employees of the College shall not commit an act of theft, damage or destruction of property of a member of the College community or other person lawfully on Ramapo’s campus.
All employees of the College shall not cause physical harm to a member of the College community or to any person on Ramapo’s campus.
All employees of the College shall not engage in activity which obstructs or disrupts teaching, research or the administration of the College, disciplinary procedures, review and appointment procedures, or other College activities. Such prohibition will not extend to protected First Amendment activities.
All employees of the College shall not make unauthorized commitments or promises purporting to bind Ramapo or any member of the College community.
All employees of the College shall use the College’s facilities, property and resources for the benefit of the College to further its professional processes.
All employees of the College shall maintain the confidentiality of personnel, students, or other institutional proceedings where such confidentiality is provided by policy or law.
As related to one’s duties at Ramapo, all employees of the College shall uphold and abide by the standards of professional associations or licensing bodies that one is a member.
All employees of the College have a responsibility to represent themselves in a lawful and responsible manner. All such employees shall strive to be objective in their professional judgments of members of the Ramapo community, including colleagues and students, and shall act in a manner that will not prejudice another’s effectiveness.

II. Code of Ethics

General Provision

Ramapo College of New Jersey adopts the Uniform Ethics Code of the State of New Jersey.

III. Supplemental Resources

Statement of Acceptable Conduct

Procedure

A. Code of Professional Conduct Procedures

Introduction

Any member of the College community, including students, faculty, staff or administrators may, pursuant to the Code of Professional Conduct, use the procedures set out herein to ensure that the standards of professional conduct are upheld. The College reserves the right to take disciplinary action as set forth in the procedures to protect the safety and well being of the community. Furthermore, the College reserves the right to institute its own proceedings against a person who violates State or federal law or any of the College’s policies. Note: Violations of the Code of Professional Conduct are not to be processed under regulations promulgated by the New Jersey Commission on Ethical Standards. However, violations of the Code of Ethics may alternatively be processed under the procedure outlined in this Code of Professional Conduct, subject to the Commissions’ right to review of the penalty imposed.

Procedures/Complaint
1. An action pursuant to the Code of Professional Responsibility is commenced upon the filing of a Complaint. The Complaint must be filed within forty-five (45) days from when the student, administrator, staff, faculty or adjunct should have had constructive notice of its occurrence.
2. The complaint must include:
  1. The Complainant’s name and address;
  2. The Accused’s name and address;
  3. The counsel’s name and address;
  4. The nature of the Code violation;
  5. Preliminary facts alleged;
  6. Names and addresses of proposed witnesses;
  7. The date of the complaint.
3. Complaint forms shall be made available in Employee Relations.
4. Where allegations are brought against a student employee charging a violation of the Code of Professional Conduct, said Complaint shall comply with sections a and b above, and shall be processed against the student under the Student Code of Conduct, Judicial Affairs Office, Student Affairs Division. Complaints charging violations of the Code of Ethics may be processed under Student Code of Conduct, Judicial Affairs Office, Student Affairs Division, provided that any penalty imposed must be approved by the New Jersey Commission of Ethical Standards, or before the New Jersey Commission on Ethical Standards as determined appropriate.
Who can file a complaint?
Members of the campus community or the College itself aggrieved by conduct which violates the Code.
Where the Complaint is to be filed?
The Complaint shall be ‘filed’ in Employee Relations (hereinafter ER) on business days between 9:00 a.m. and 5:00 p.m., or by certified mail. Employee Relations shall date said Complaint on the date received.
Role of Employee Relations
1. Employee Relations shall forward a copy of the Complaint to the Accused within five (5) business days of its filing.
2. Employee Relations shall be available to answer questions of the Complainant/Accused regarding options available.
3. Employee Relations shall, within a reasonable period of time based upon the complexity of the issue, conduct preliminary fact finding to determine merits of the complaint. ER shall commence its fact finding within five (5) business days of the filing of the Complaint. If the complaint lacks merit Employee Relations will recommend to the President that the claim be dismissed and notify the Complainant and the Accused. The Complainant and the Accused may respond in writing to the ER recommendation within five calendar days of the receipt of the recommendation. Should the claim have merit, Employee Relations will offer an opportunity to the parties to informally resolve the matters at issue.
4. Should the matters at issue be so resolved, the parties shall so state in writing and the Complaint dismissed.
5. If the parties are unable to resolve issues informally, Employee Relations shall forward the Complaint and any documents or exhibits attached to the Code Hearing Board for fact finding and recommendation.
Composition of the Code Hearing Board (CHB)
1. Organization/Selection of Members:
  The Code Hearing Board is the forum where complaints are heard and facts found. The CHB will be selected on a yearly basis from among faculty, administrators and staff (classified and unclassified) who volunteer to have their names included on a list to be maintained by Employee Relations. The Employee Relations and Ethics Officer will work with the leadership of the Faculty Assembly (FA), Professional Staff Association (PSA), Minority Faculty and Staff Association (MFSA), CWA, AFT and IFPTE to ensure an adequate number of faculty, administrators and staff to serve on the CHB.
2. CHB members are responsible for the following:
  1. Understanding of the Code of Professional Conduct and sanctions for violating the code.
  2. Working knowledge of the CHB’s functions and operations.
  3. Adherence to the format and procedures for the conduct of hearings established by the CHB and administered by the moderators.
  4. Maintenance of the confidentiality of all complaints, hearings, and actions of the CHB.
  5. Recommendations for improving the operations and applicability of the Code of Professional Conduct.
3. Schedule of Operation:
  1. The CHB will operate throughout the College year. During the summer/winter session, the CHB shall handle cases brought before it, as appropriate.
  2. Besides convening for necessary hearings, the CHB will meet publicly at least once a year to review operations and procedures and to prepare an annual report for the President.
4. CHB Composition:
  1. When a faculty member is accused:
    Three (3) faculty
    Two (2) staff
  2. When a staff member is accused:
    Three (3) staff
    Two (2) facultyMembership on hearing panels is thus weighted to allow the maximum participation of board members from the same constituency as the accused.
Role of the Code Hearing Board (CHB)
1. The CHB shall schedule a hearing within twenty-one (21) days of its receipt of the Complaint from Employee Relations.
2. The Notice of Hearing shall be forwarded to the parties, with a request to produce any relevant documents at the time of the hearing and to provide the CHB with a list of witnesses.
3. The Notice of Hearing shall also include a provision stating that the parties shall be able to resolve the matter any time prior to the hearing. It shall state that the failure of the Complainant to appear at the hearing shall result in summary dismissal of the Complaint.
4. Based upon testimony, documentation, and other relevant evidence presented at the hearing, the CHB shall find facts related to the issues in contention, and shall memorialize its findings in writing.
5. Based upon its findings of fact, the CHB shall make recommendations to the President either to dismiss the case, or impose a recommended sanction (see Section 10, Sanctions Defined).
Conduct of Hearings
1. The Accused or the Complainant, upon the receipt of the Notice of Hearings from the CHB, may request an extension of the hearing for reasonable cause.
2. No recommendations by the CHB for the imposition of sanctions shall be grounded in the failure of the Defendant to answer or to appear at the hearing. In such case, the evidence in support of the charges shall be presented by the Complainant and considered by the CHB at the hearing before any action is recommended.
3. No member or alternate member of the CHB shall participate in any case in which such member is a witness, or has a personal interest, of has acted previously in an advisory capacity. A CHB member’s eligibility to participate in a case is subject to challenge by either party prior to the hearing. For reasonable and good cause shown, a CHB member may be disqualified and an alternate appointed, provided that such replacement shall be of the same constituency as the ineligible member.
4. The hearing shall be conducted by a moderator, who shall be appointed or elected by and from among the panel members. The moderator’s responsibility shall be to promote and provide for the effective conduct of the hearing.
5. Picture taking or filming are prohibited during the hearing. A verbatim record in the form of an audio recording will be produced upon request of either party or at the discretion of the CHB. Audio recordings, other than that produced by the CHB as the official record, shall be prohibited.
6. Hearings shall be closed. At the closed hearing, witnesses will be present only for the time necessary to give testimony and to respond to cross-examination.
7. The parties shall have the right to present witnesses subject to the right of cross examination of the other party. The CHB, through its moderator, shall have the discretion to limit the number of witnesses to be heard.
8. Members of the CHB may direct questions to any party to the proceedings or to any witnesses called by the parties or by the CHB.
9. The hearing panel shall receive and consider oral and documentary evidence. The moderator may exclude irrelevant or unduly repetitious evidence. Witnesses who knowingly furnish false information during a hearing may be charged with a violation of the Code of Professional Responsibility.
10. Each complainant and/or accused has the right to be assisted at the hearings by one advisor of their choosing, e.g., attorney, counselor, etc. The role of the advisor is to assist and advise and not to speak in place of the accused or complainant or present their testimony. Further, an advisor may not interfere with the proceedings of the hearing.
11. After hearing testimony and receiving pertinent evidence or documents, the CHB will find facts relating to the issues in contention and make a decision within thirty (30) days of the date of the hearing.
12. The findings of the CHB and its decision will be forwarded to the President, with notice thereof to the parties.
13. Exceptions to the findings and decisions of the CHB shall be made in writing by the parties and directed to the President. Copies shall be served upon the CHB and other parties within ten (10) days from the receipt of CHB’s decision. Replies must be distributed within fourteen 14 days from the CHB’s decision, and in the same manner as the Exceptions.
Role of the President
1. Within fourteen (14) days of receipt of the findings and decisions and any Exceptions and Replies of the Employee Relations and Ethics Officer or the CHB, the President may:
  1. adopt or reject the decision of the Employee Relations and Ethics Officer or CHB;
  2. accept the findings of the Employee Relations and Ethics Officer or the CHB and modify the recommended sanction;
  3. dismiss the case based upon the presented record.
2. In all cases, the President may confer with the Employee Relations and Ethics Officer or the CHB regarding his or her decision.
3. The decision of the President may be appealed through other channels, i.e. Collective Bargaining Agreements, and/or to the Board of Trustees according to the Appeal Process that follows.
Appeal Process
Within ten (10) days of the decision of the President, the parties may appeal such decision to the Board of Trustees pursuant to the College’s Rules of Procedures in Controversies and Disputes, under the following circumstances;
1. Where the President adopts the decision of the CHB and the enforcement of a sanction, or where the President accepts the findings of the Employee Relations and Ethics Officer or CHB but modifies the sanction, the Accused may appeal the President’s action;
2. Where the President dismisses the case rejecting the recommendation of the CHB, which found a violation of this Code, the Complainant(s) may appeal the President’s action.
Sanctions Defined
1. Warning. Notice to the offender, orally, or in writing, that continuation or repetition of the conduct found wrongful, within a period of time stated in the warning, may be cause for disciplinary action.
2. Reprimand. Written notice to the offender for violation of specified regulations, including the possibility of a more severe disciplinary sanction in the event of future judgments that the offender violated any College policies.
3. Other Sanctions. The CHB may recommend other sanctions as may be reasonable and appropriate in a particular case up to and including removal.

B. Code of Ethics Procedures

The Conflicts of Interest Law, N.J.S.A. 52:13D-12 et seq. forbids state employees from engaging in outside activity in certain situations as described in the statutes.

The New Jersey Administrative Code at N.J.A.C. 19:61-2.2 provides that State agencies must include in their Code of Ethics, a requirement that employees annually disclose outside employment and/or business interest.

Pursuant to that requirement all Ramapo College employees, including but not limited to all administrators, faculty, adjuncts, managers and staff employed at Ramapo College must report their regular continuing outside employment and/or business activity to the College President or his/her designee. Managerial employees who are not within bargaining units must obtain approval by the College President prior to the outside employment. This form is valid only during the fiscal year submitted.

Regulations on Outside Employment / Activity

An employee of Ramapo College may not engage in any kind of outside employment, full-time or part-time, if the outside employment:
1. constitutes a conflict of interest and/or violates the College’s Code of Ethics;
2. occurs at a time when the individual is expected to perform his/her assigned duties;
3. diminishes the individual’s efficiency in performing his/her primary work obligation at the College.
No employee of the College may receive compensation from the College in excess of his/her regular full-time salary, except:
1. administrators/professional staff may receive payment for teaching one course per semester, or payment pursuant to the College’s Extra Compensation for Special Projects Policy.
2. faculty members may receive payment for overload teaching and other professional services to the extent permitted by contract or institutional regulations.
3. faculty members may receive released time for the administration of grants or special projects that benefit the institution. The institution should recover the cost of such released time from the monies received for such grants or projects.
4. classified employees who perform overtime work will be compensated in accordance with established regulations.
No employee of the College may engage in any kind of outside employment, full-time or part-time, if the outside employment is violative of the College’s Code of Ethics.
Definition – Regular or Continuing Employment
It is difficult to clearly define “regular or continuing” as opposed to “irregular or infrequent” outside employment. Each employee is, therefore, responsible for making this judgment in a reasonable manner consistent with the spirit of these guidelines. The following examples of outside employment activities which may be classified as “regular or continuing” are given in order to illustrate the intent of the guidelines and are not meant to be an exhaustive listing of such activities
- any teaching assignment at another educational institution-except for a single or limited number of guest lectures.
- a clinical or professional practice (for example, in clinical psychology or law)
- appointment as a consultant to a school district, corporation or other public or private enterprise for a stated period of time or for an indeterminate period even unrelated to a staff member’s professional interest.
Procedures for Requesting Permission for Outside Employment-Managers
1. Approval is necessary for those employees not within recognized bargaining units.
2. The attached form “Outside Activity Questionnaire” should be completed by the employee and the words “request for approval” circled or underlined, the completed form should be submitted to the immediate supervisor (Dean, Director, etc.) who will forward it to the Office of Employee Relations. The form should reach Employee Relations prior to the employee’s accepting or beginning any continuing or regular outside employment.
3. The submitted form will be reviewed by the President or his/her designee and a decision transmitted to the applicant within one work week, with a copy forwarded to the Office of Employee Relations.
4. For all outside employment for which approval is necessary, the employee shall file a status report with the approval officer in September of each succeeding fiscal year during which he or she intends to continue the outside employment.
5. Employees, and faculty, will be contacted by the Office of Employee Relations annually in September concerning the completion of the Outside Activity Questionnaire reporting forms.
Procedures for Notifying of Outside Employment Status – Bargaining Units
1. This paragraph is applicable to members of bargaining units. Those employees in bargaining units who intend to undertake regular or continuing outside employment should complete the attached form and circle or underline the word “notification” in the center title. The form should be completed, dated and signed, and submitted to the immediate supervisor (Dean, Director, etc.) for forwarding to the Office of Employee Relations.
2. Employees, and faculty, will be contacted by the Office of Employee Relations annually in September concerning the completion of the Outside Activity Questionnaire reporting forms.
Distribution of Forms
The Office of Employee Relations will maintain and furnish the applicable forms.
Violations
Violations of the Code of Ethics are to be processed in accordance with the regulations promulgated by the New Jersey Commission on Ethical Standards. See Commission regulations, N.J.A.C. 19:61.1 et seq. Alternatively, violations of the Code of Ethics may be processed under the College procedures applicable to the Code of Professional Conduct above. However, where processed under the Code of Professional Conduct, any penalty must be approved by the New Jersey Commission on Ethical Standards before being implemented by the College. See N.J.A.C. 19:61-43.4 and 3.5
Penalty
1. State Statutory Penalty
  No person shall induce or attempt to induce any employee to violate any provision of the New Jersey Conflicts of Interest Law or any provision of the College’s Code of Ethics.Any person who willfully violates any provision of the law and/or this Code is a disorderly person, and shall be subject to a fine not to exceed $500.00 or imprisonment not to exceed six months, or both.
2. Penalties before the Executive Commission on Ethical Standards
  Any employee found guilty by the State of New Jersey Executive Commission on Ethical Standards of violating any provision of Conflicts of Interest Law (the “Act”) or the Code of Ethics which has been promulgated pursuant to the provisions of the Act shall be fined not less than $100.00 nor more than $500.00, which penalty may be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1), and may be suspended from his office or equipment by order of the commission for a period of not in excess of one year. If the commission finds that the conduct of such officer or employee constitutes a willful and continuous disregard of the provisions of this Act or of a code of ethics promulgated pursuant to the provisions of this Act, it may order such person removed from his office or employment and may further bar such person from holding any public office or employment in this State in any capacity whatsoever for a period of not exceeding five years from the date on which he was found guilty by the Commission.
Additional Information
The New Jersey Conflicts of Interest Law, N.J.S.A. 52:13D-12 et. Seq., regulations N.J.A.C. 19:61 and other relevant information can be accessed on the State of New Jersey web site, www.state.nj.us/lps/ethics.

Policy

The College requires all employees to maintain a learning and working environment that fosters respect, integrity, professional behavior, and fair and impartial treatment of students, employees and vendors. Should an employee become involved in certain romantic, sexual, or close personal relationships with other members of the College community, regardless of whether the relationship was entered into with the consent of both parties, the employee is required to disclose the relationship to an appropriate designated office (Human Resources, Employee Relations, or Affirmative Action) or manager when such relationship may impair or undermine the college learning, workplace environment, or vendor relationship.

Reason for Policy

To maintain an environment of professionalism, and to address and prevent the potential negative impact of inappropriate relationships or behaviors that may lead to complaints of sex discrimination, perception of favoritism, employee morale concerns, or unprofessional conduct.

To Whom Does the Policy Apply

Ramapo College of New Jersey Employees who are or may become involved in personal relationships with students, subordinate employees or those doing business with or on behalf of the College.

Contacts

Director of Affirmative Action and Workplace Compliance
(201) 684-7540

Director of Human Resources
(201) 684-7505

Procedure

Professional Relationships Overview

The college is committed to a learning and working environment that fosters respect, integrity, professional behavior, and fair and impartial treatment of students, employees and vendors. The College recognizes that personal relationships do exist, and the majority of such relationships do not have an impact on either the learning environment or the workplace. However, certain consensual romantic, sexual, or other close personal relationships may negatively impact the learning environment and workplace for the following reasons:

Such relationships may pose an apparent or actual conflict of interest if one of the parties in the relationship has responsibility for supervising, evaluating, directing, or overseeing the other, or has the power to directly influence the other person’s educational, employment, or contractual status;
Such relationships may result in complaints or concerns of favoritism, and may undermine campus safety, security, or morale, and impede the College’s educational mission;
Such relationships may also give rise to violations of state and federal anti-discrimination laws and policies, complaints of sexual harassment and hostile work environment, and other actionable claims against the College.

Prohibited Relationships between Supervisory Employees and Subordinates

Ramapo College prohibits romantic or sexual relationships between any employee who is a supervisor or has authority to influence the appointment, employment or promotional status of other employees, and a subordinate in the same unit or direct reporting line, regardless of whether the relationship was entered into with the consent of both parties. In situations where a supervisory employee becomes romantically or sexually involved with a subordinate both employees will be required to immediately disclose the relationship to the Office of Human Resources. Human Resources will work with the employees and the work unit to address and mitigate any potential conflicts. This may include voluntary or involuntary transfer of an employee, changes in responsibilities, activities, or lines of reporting. Should the relationship pose an actual conflict of interest and no other suitable remedy is available, may result in denial of re-appointment or termination of employment for the supervisor.

Prohibited Relationships with Students

Romantic and sexual relationships between College employees and students, even with students who are not subject to direct supervision or evaluation by the faculty or staff member, should be avoided because they may negatively impact the learning environment. Moreover, Ramapo College prohibits all employees from having romantic, sexual, or other close personal relationships with students over whom they have educational evaluation, advisory or supervisory responsibility, regardless of whether the relationship was entered into with the consent of both parties. Such relationships are inconsistent with the proper role of the instructor, administrator or manager in the College’s educational mission, and are susceptible to perceptions of favoritism, unprofessional behavior, and conflicts of interest. In the event that a faculty member or other employee is placed in a position that would require him or her to assume educational instruction, evaluation or supervisory authority over a student with whom he or she has, or has had, a romantic or sexual relationship, he or she shall immediately disclose the identity of the student to the unit head and shall refrain from exercising such authority over the student. The unit administrator shall notify the Office of Human Resources, and shall immediately arrange for another employee to instruct, evaluate or supervise the student. Any employee or student who obtains knowledge of such a romantic or sexual relationship between an employee and a student is required to disclose it to the Director of Affirmative Action and Workplace Compliance for confidential investigation. The Affirmative Action and Workplace Compliance Office may notify the Office of Employee Relations and/or the Office of Human Resources for appropriate handling.

Prohibited Relationships with State Vendors

Ramapo College prohibits romantic or sexual or other personal relationships which may be inappropriate between a State vendor and any College employee who is in a position to influence the College’s procurement or renewal of contracts with the State vendor. In situations where such an employee becomes romantically, sexually, or inappropriately involved with a representative or employee of a State vendor due to the nature of their position, the employee shall immediately disclose the relationship to the College Ethics Officer; and shall recuse him or herself from participation in procurement or renewal of contracts involving the State vendor. If appropriate, the Office of Human Resources or Employee Relations may also be notified. The Ethics Officer will work with the employee and the work unit to address and mitigate any potential conflicts of interest.

Violations

Employees who fail to disclose consensual relationships as required by this policy or otherwise engage in conduct prohibited by this policy shall be subject to corrective action which may include disciplinary action for conduct unbecoming a state employee or faculty member. In addition, the individual(s) may be subject to sanctions up to and including removal.

Policy

The Open Public Records Act (OPRA) gives the public greater access to government records maintained by public agencies in New Jersey. Any individual seeking records maintained by Ramapo College of NJ must submit a request in writing to the Director of Internal Audit/Custodian of Public Records.

Reason for Policy

To set forth policy to ensure consistent tracking of records requests and to ensure compliance with OPRA guidelines.

To Whom Does the Policy Apply

Any person requesting a public record.

Contacts

Director of Internal Audit / Custodian of Public Records
Mansion 211-B
(201) 684-7622

Procedure

The Open Public Records Act (OPRA) gives the public access to certain government records. Any individual seeking records must submit their request in writing to the Director of Internal Audit/Custodian of Public Records. The website includes the policy, procedures, and the necessary forms to use when making an OPRA Request. Records and copies may only be distributed through this process.

The Search policy has been revised and is now known as the Recruitment, Selection, and Employment policy.

Policy

The Office of Internal Audit shall be governed by the Internal Audit Charter as approved by the Audit Committee of the Board of Trustees.

The Audit Committee of the Board of Trustees shall annually review the Internal Audit Charter and shall receive quarterly reports on the Internal Audit Plan.

Reason for Policy

Sets forth the policy, procedures and regulations for the Internal Audit function.

To Whom Does the Policy Apply

All members of Ramapo College.

Contacts

Office of the President c/o Director of Internal Audit

Procedure

Introduction

Internal Audit of Ramapo College of New Jersey is governed by the Internal Audit Charter approved by the Audit Committee of the Board of Trustees and the Policies and Procedures set herewith. Internal Audit subscribes to the Institute of Internal Auditors’ Standards for the Professional Practice of Internal Auditing and the Core Principles stipulated by the Institute of Internal Auditors.

Mission Statement

The mission of Internal Audit is to provide independent and objective reviews and assessments of the business activities, operations, financial systems and internal accounting controls of Ramapo College of New Jersey. Internal Audit accomplishes its mission through the conduct of operational, financial, regulatory and performance audits, selected as a result of a comprehensive risk analysis and assessment process. The risk assessment plan is reviewed and approved by the Audit Committee of the Board of Trustees and the President of Ramapo College.

Objective

Internal Audit conducts independent reviews and appraisals of the College’s procedures and operations. These reviews provide management with an independent appraisal of the various operations and systems of control. The reviews also help to ensure that College resources are used efficiently and effectively while working towards helping the College achieve its mission, as endorsed by the Board of Trustees. It is the intention of Internal Audit to perform this service with professional care and with minimal disruption to College operations.

Standards of Audit Practice

The internal audit function will conduct its activities in accordance with the Institute of Internal Auditors International Standards for the Professional Practice of Internal Auditing and Code of Ethics. Generally accepted auditing standards promulgated by the American Institute of Certified Public Accountants and government auditing standards issued by the United States Government Accountability Office will be referenced as appropriate.

Core Principles

Internal Audit at Ramapo College subscribes to the Core Principles stipulated by the Institute of Internal Auditors. Internal Audit will align its effectiveness with the following principles:

• Demonstrate Integrity
• Demonstrate competence and due professional care
• Be objective and free from undue influence
• Align with strategies, objectives and risks of the organization
• Is appropriately positioned and adequately resources
• Demonstrates quality and continuous improvement
• Communicate effectively
• Provide risk-based assurance
• Be insightful, proactive and future-focused
• Promote organizational improvement

Code of Ethics

Internal Audit at Ramapo College shall subscribe to the Code of Ethics established by the Institute of Internal Auditors, as well as adhere to the policies set forth by the management of the College and the State of New Jersey. In addition, Internal Audit will uphold the following:

• Integrity- Establish trust and thus provide the basis for reliance on the judgment of Internal Audit.
• Objectivity- Exhibit the highest level of professional objectivity in gathering, evaluating and communicating information about the area under examination. Make balanced assessments of all the relevant circumstances and do not become unduly influenced by individual interests or by others in forming judgments.
• Confidentiality- Respect the value and ownership of information received and do not disclose information without appropriate authority unless there is a legal or professional obligation to do so.
• Competency- Apply the knowledge, skills and experience required in the performance of internal auditing services.

Standards of Conduct

Internal Audit at Ramapo College will adhere to the following standards of conduct:

• Service – Preserve a commitment to carry out all responsibilities with an attitude of service toward College members while maintaining a sincere and dignified attitude.
• Excellence – Uphold a high standard of service and a commitment to quality in performing all projects and assignments.
• Leadership – Provide noteworthy examples which emphasize high ethical and moral standards.
• Professionalism – Conduct business in a manner that reflects favorably on the College and the individual. Exercise skill, integrity, maturity and tact in all relations.

Scope of the Internal Audit Function

While carrying out its duties, Internal Audit is responsible for utilizing a systematic, disciplined approach to evaluating and improving the effectiveness of internal controls and should include the following:

• Developing and maintaining a comprehensive audit program necessary to ensure compliance with, policies and procedures necessary to safeguard College resources.
• Communicating the results of audits and reviews by preparing timely reports, including recommendations for modifications of management practices, fiscal policies and accounting procedures as warranted by audit findings.

Services Provided by Internal Audit

Internal Audit’s primary activity is to implement a program of regular audits of College business operations. The complete range of services provided by Internal Audit may also include special projects and consultations as directed by the President and the Audit Committee. Reviews performed by Internal Audit include:

• Operational Audits– Operational audits consist of critical reviews of operating processes and procedures and internal controls that mitigate area specific risks. These audits examine the use of resources to determine if they are being used in the most effective and efficient manner to fulfill the College’s mission and objectives.
• Compliance Audits– These audits determine the degree to which areas within the College adhere to mandated Federal, State and College policies and practices. Other regulatory agencies are also included within compliance audits (e.g. NCAA, EPA, OSHA, Department of Education, etc.). Recommendations usually require improvements in processes and controls used to ensure compliance with regulations.
• Financial Audits– These audits review accounting and financial transactions to determine if commitments, authorizations and the receipt and disbursement of funds are properly and accurately recorded and reported. This type of audit also determines if there are sufficient controls over cash and other assets and whether there are adequate process controls over the acquisition and use of resources. Unlike external financial audits, internal financial audits do not prepare or express professional opinions on the financial statements fairness.
• Investigative Audits– These audits are conducted to identify existing control weaknesses, assist in determining the amount of loss and recommending corrective measures to prevent additional losses. Internal Audit will also work with outside agencies to determine if misconduct occurred at Ramapo College. These types of investigations can encompass misuse of College funds or assets, fraud or potential conflicts of interest.
• Technology Audits– Technology audits are usually comprised of control reviews of disaster recovery plans, system back up procedures and the general security of data and of the physical plant. The purpose of these audits is to evaluate the accuracy, effectiveness and efficiency of the College’s electronic and information processing systems.

Professional Proficiency

The Internal Auditor has a professional obligation to schedule and attend on-going professional education forums to ensure they maintain academic proficiency and to advance professionally.

Responsibility for Detection of Errors or Irregularities

The management of the College is responsible for establishing and maintaining controls to discourage perpetuation of fraud. Internal Audit is responsible for examining and evaluating the adequacy and effectiveness of those controls. Audit procedures alone are not designed to guarantee the detection of fraud.

An error is an unintentional mistake in financial statements which includes mathematical or clerical mistakes in the underlying records and accounting data from which the financial statements or other reports are prepared, mistakes in the application of accounting principles and oversight or misinterpretation of facts that existed at the time the reports were prepared. An irregularity is an intentional distortion of financial statements or other reported data or the misappropriation of assets.

If Internal Audit believes that a material error or an irregularity exists in an area under review or in any other area of the College, the implications of the error or irregularity and its disposition shall be reviewed with the responsible Vice President and/or the President.

Internal Audit Plan

As noted throughout this Charter, the Director of Internal Audit is responsible for establishing a risk-based plan to determine the priorities of the internal audit activity, consistent with the College’s goals. The risk assessment takes into consideration the risk profile of the College as set by Management as well as the Auditor’s own judgement of risk and input from Management, the President and the Audit Committee. The plan will be adjusted and reviewed as needed in response to changes in the College’s business, risks, operations, programs, external regulations, systems and controls.

At least annually, the Director of Internal Audit will submit to senior management, the President and the Audit Committee an internal audit plan. The Committee will review, discuss, and endorse the plan subject to the Audit Committee members’ concurrence. The internal audit plan will include a summary of engagements and other audit activities, as well as resource requirements for the next fiscal year. The Director of Internal Audit will communicate the impact of resource limitations and significant interim changes to senior management and the Audit Committee. Any proposed changes to the approved Audit Plan will be presented to the President and to the Audit Committee at subsequent meetings.

Risk Factors

Internal Audit will evaluate each identified auditable area based on certain risk factors and the weight of risk impact and risk concerns, as follows:
• Compliance Risk – The threat to the College as a result of violations and nonconformance with State, Federal and Industry laws, regulations or prescribed practices.
• Operational Risk – Risk of loss resulting from inadequate or failed in internal procedures, people and systems or from external events.
• Financial Risk – Multiple types of risk associated with financing, including financial transactions and financial loss.
• Reputational Risk – Risk resulting from damages to the College’s reputation.
• Strategic Risk – Uncertainties and untapped opportunities embedded in the College’s strategic intent and how well they are executed.
• Technology Risk – Threats to assets and processes vital to the business and may prevent compliance with regulations, impact profitability and damage reputation. Risk can result from human error, malicious intent or event compliance regulations.
• Human Capital Risk – Events and employee behaviors that occur both within and outside the workplace that can affect employee productivity and/or otherwise effect the organization’s operation and financial results.

Risk Measures

Risk Measures taken in consideration when rating each auditable area that weigh on the risk impact and risk concern are:
• Analysis and prioritization of the audit universe.
• Input of senior management and the Audit Committee.
• First-hand knowledge of the College and its evolving operations.
• Results of prior audits.
• Understanding of risk in higher education, and biomedical and health care services.
• Quality of management.
• Emerging needs of campus clients.
• Support to external auditors.

Unplanned Audits

The majority of audits are planned. However, said planning does not preclude Internal Audit from conducting unplanned audits. Prior to any audit, the Director of Internal Audit will discuss the engagement with management. The discussion will include the scope, purpose and estimated timeframe of the audit. As unplanned projects emerge, they will be included in the overall plan for the year.

Internal Audit Process

Although every audit project is unique, the audit process is similar for most engagements and normally consists of five stages:
1. Audit Announcement and Initial Meeting
2. Preliminary Review
3. Fieldwork
4. Audit Report
5. Follow-up
Client involvement is critical at each stage of the audit process. As in any special project, an audit results in a certain amount of time being diverted from a unit’s usual routine. A key objective of an internal audit is to minimize this time and avoid disrupting the on-going activities.

1. Audit Announcement and Initial Meeting

The Director of Internal Audit, will schedule a meeting with (as appropriate) the Unit Manager and the Senior Managers of the process to be audited. An initial meeting will take place, during this meeting, the client describes the unit and/or system, the organization, available resources (personnel, facilities, equipment, funds), and other relevant information. The internal auditor meets with the senior officer directly responsible for the unit under review and any staff members he/she wishes to include. It is important that the client identify issues or areas of special concern that should be addressed.

2. Preliminary Review

The development of the Audit Program is based on the preliminary survey and internal control reviews. The auditor talks to key personnel and reviews reports, files and other information as needed to obtain a general overview of the operations. The auditor will review the unit’s internal control structure, which helps the auditor determine the areas of highest risk and design tests to be performed in the fieldwork section. The audit program outlines the fieldwork necessary to achieve the audit objectives.

3. Fieldwork

The field work concentrates on transaction testing and informal communications. It is during this phase that the auditor determines whether the controls identified during the preliminary review are operating properly and in the manner described by the client. The fieldwork stage concludes with a list of issues or/and best practices from which the auditor will prepare a draft of the audit report.

• Transaction Testing – After completing the preliminary review, the auditor performs the procedures in the audit program. These procedures usually test the major internal controls and the accuracy and propriety of the transactions.

• Advice and Informal Communications – As fieldwork progresses, the auditor discusses any significant issues with the client. Hopefully, the client can offer insights and work with the auditor to determine the best method of resolving the issue. Usually these communications are oral. However, in more complex situations, memos/emails can be written in order to ensure full understanding by the client and the auditor. The goal: No surprises.

• Audit Summary – Upon completion of the fieldwork, the auditor summarizes the audit issues, conclusions, and action to be taken (as agreed upon by both auditor and client) for the audit report discussion draft.

• Workpapers– Audit workpapers are the connecting link between fieldwork and audit report. They serve as the systematic record of work performed and shall contain sufficient, competent and relevant evidence to support the auditor’s findings, opinions, conclusions, judgements and recommendations in the audit report. All workpapers will be kept electronically secure within Internal Audit’s private Network Drive.

4. Audit Report

Internal Audit’s principal product is the final report in which we express our opinions, present the audit issues, and action to be taken for improvements. To facilitate communication and ensure that the final report is practical, Internal Audit will discuss the rough draft with the auditee prior to issuing the final report.

• Discussion Draft and Draft Report– at the conclusion of fieldwork, the auditor drafts the issues. This discussion draft is prepared for the unit’s operating management and is submitted for the auditee’s review. The Auditor and management will meet to discuss the issues, reach an agreement of audit issues, resolution and implementation date. If management does not agree to the issue, management must accept the risk of not implementing the recommendation. The auditor then prepares a formal draft, taking into account revisions resulting from the meeting with management. Managers and senior managers will have one last review before the report is issued.

• Final Report – The final Audit Report will include the scope of the review, Audit’s opinion, and Audit Issues (with management’s response, responsible party and implementation date). Final Audit Reports will be issued timely and distributed, via email, to the Audit Committee of the Board of Trustees, the President, General Counsel, and Vice Presidents.

Internal Audit reports are considered advisory, consultative, deliberative and highly confidential. Approval is required from the Director of Internal Audit and General Counsel prior to release to anyone not noted on the report distribution list.

5. Audit Issue Follow Up

The Institute of Internal Auditors (IIA) Professional Standard 2500, requires the Auditor to establish a follow-up process to monitor and ensure that management actions have been effectively implemented or that senior management has accepted the risk of not taking action.

• Responsibility – it is the responsibility of management to implement the corrective action, however the Director of Internal Audit is responsible for assessing that corrective action has been taken to achieve the desired results, or that senior management has assumed the risk of not taking corrective action on reported issues/observations.

• Follow up process: the Auditor will follow up with the responsible party prior to the issue due date, and at a minimum quarterly. When, according to management, the issue has been implemented and is complete, the auditor will conduct a review and obtain documentation to ensure the process has been properly implemented. This may occur on or before the due date.

• Closure: If by the due date the issue has been satisfactorily handled and addressed, the auditor will consider the issue closed and no further action will be required from management at that time. If the issue is not properly addressed, the issue will remain opened and will be considered past due.

• Reporting: The Director of Internal Audit will report quarterly to the President and to the Audit Committee of the Board of Trustees and such reports shall include issue follow up status. Open, closed and past due items will be reported. Past due items will be aged and tracked until resolution.

Evidential Matter

Evidential matter obtained during the course of fieldwork provides the documented basis for the auditor’s opinions, observations and recommendations as expressed in the auditor’s opinions, observations and recommendations as noted in the audit report. The Office of Internal Audit is obligated by professional standards to act objectively, exercise due professional care and collect sufficient and relevant information to provide a sound basis for audit observations and recommendations.

Auditors must obtain all evidence necessary for the effective completion of the audit. The decision on how much evidence is enough and what type to seek requires the exercise of the auditor’s judgment based on experience, education and intuition. A thorough knowledge of the concepts underlying audit evidence will help the auditor to improve the audit quality and efficiency of the process.

Standards for the Professional Practice of Internal Auditing require that work papers possess certain attributes to provide a sound basis for audit observations and opinions and to be considered as evidential matter. These attributes are:

• Sufficient information is factual and adequate so that a prudent, informed person would reach the same conclusions as the auditor
• Information is reliable and the best attainable through use of appropriate audit techniques
• Relevant information supports audit findings and recommendations and is consistent with the audit objectives for the audit
• Useful information helps the organization meet its goals. It also provides a reference for the preparer when called upon to answer questions.

Types of Evidence

If the evidence supports the basic test of sufficiency, competence and relevance, it may be used to support the auditor’s findings. The following outlines the different types of evidence obtained during the course of an audit:

• Physical evidence– Obtained through observation and inquiry

• Testimonial evidence – Based on interviews and statements form involved persons
• Documentary evidence– Consists of legislation, reports, minutes, memoranda, contracts, extracts from accounting records, formal charts and specifications of documentation flows, systems design, operational and organizational structure

• Analytical evidence – Secured by analysis of information collected by the auditor.

Documentation of Evidential Matter

Standards for the Professional Practice of Internal Auditing require that audit workpapers reflect the details of the evidence upon which the auditor has relied. The Internal Auditor must maintain adequate documentation of the audit, including the basis and extent of planning, the work performed and the results and findings of the audit. This will allow the workpapers to serve both as tools to aid the auditor in performing their work and as written evidence of the work done to support the auditor’s report. Information included in work papers should be sufficient and relevant to provide a sound basis for audit findings and recommendations. Evidence gathered should be organized and easily correlated with audit program steps and subsequent conclusions and issues reported.

In the process of collecting evidential matter, the auditor is required to perform audit testing to support all observations and opinions. During the performance of such testing, the auditor is not required to test the population in its entirety. Audit sampling may be employed. Audit sampling is performing an audit test on less than 100% of a population. In “sampling”, the auditor accepts the risk that some or all errors will not be found and the conclusions drawn (i.e. all transactions were proper and accurate) may be wrong. The type of sampling used and the number of items selected should be based on the auditors understanding of the relative risks and exposures of the areas audited.

Policy

Policy Statement

Ramapo College takes the possibility of identity theft seriously and in full compliance with the Red Flag Rule* has developed and implemented an Identity Theft Prevention Program.

Reason for Policy

The purpose of the policy is to establish an Identity Theft Prevention Program designed to reasonably detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the Program. This Policy is in conformance with *The Financial Institution Regulators, including the Federal Trade Commission have issued a final rule (The Red Flag Rule) under Sections 114 and 315 of the Fair and Accurate credit Transactions Act of 2003

To Whom Does the Policy Apply

Bursar, Financial Aid, Human Resources, ITS

Contacts

Vice President for Administration and Finance
(201) 684-7621

Procedure

The Financial Institution Regulators, including the Federal Trade Commission have issued a final rule (the Red Flag Rule) under sections 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003. The Red Flag Rule requires the institutions that hold “covered accounts” (accounts for which a person makes repeat payments) to develop and implement an identity theft prevention program for new and existing accounts.

Ramapo College takes the possibility of identity theft seriously and in full compliance with the Red Flag Rule, has developed and implemented an Identity Theft Program Prevention Program. After consideration of the size of the College’s operations and account systems, and the nature and scope of the College’s activities, the Board of Trustees determined that this Program was appropriate for Ramapo College, and therefore approved this Program on February 23, 2009.

Definitions

Identify theft means fraud committed or attempted using the identifying information of another person without authority.

Covered Account means an account that a creditor offers or maintains, primarily for personal, family, or household purposes that involves or is designed to permit multiple payments or transactions. These accounts include all student accounts or loans that are administered by the College.

Red Flag means a pattern, practice or specific activity that indicates the possible existence of identity theft.

Program Administrator is the group or individual designated with the primary responsibility for oversight of the program.

Identifying Information means any name or number that may be used in conjunction with any other information to identify a specific person including: name, address, telephone number, social security number, date of birth, driver’s license or identification number, alien registration number, passport number, employer or taxpayer identification number, student identification number, Internet Protocol address or routing code.

Purpose

The purpose of this policy is to establish an Identity Theft Prevention Program designed to reasonably detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the Program. The Program shall include reasonable policies and procedures to:

Identify relevant Red Flags for new and existing covered accounts it offers or maintains and incorporate those Red Flags into the program;
Detect red flags that have been incorporated into the Program;
Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and
Ensure the Program is updated periodically to reflect changes in risks to students and to the safety and soundness of the creditor from identity theft.

The Program shall, as appropriate, incorporate existing policies and procedures that control reasonably foreseeable risks.

Covered Accounts

Ramapo College has identified two types of accounts, one of which is covered accounts administered by the College and one type of account that is administered by a service provider.

The College covered account is the tuition payment plan which allows students to pay their bills over a series of installments.

The service provider covered account is the Perkins Loan Program administered by Campus Partners; refer to “Oversight of Service Provider Arrangements.”

Identification of Relevant Red Flags

The Program shall include relevant red flags from the following categories as appropriate:

Alerts, notifications, or other warnings received from consumer reporting agencies or service providers, such as fraud detection services;
1. Report of fraud accompanying a credit report.
2. Notice or report from a credit agency of a credit freeze on an applicant.
3. Notice or report from a credit agency on an active duty alert for an applicant.
4. Receipt or notice of address discrepancy in response to a credit report request.
5. Indication from a credit report of activity that is inconsistent with an applicant’s usual pattern or activity.
The presentation of suspicious documents;
1. Identification document that appears altered or forged.
2. Identification document on which a person’s photograph or physical description is not consistent with the person presenting the document.
3. Other document with information that is not consistent with existing student information.
4. Application for service that appears to have been altered or forged.
The presentation of suspicious personal identifying information;
1. Identifying information that is inconsistent with other information such as inconsistent birth dates, address not matching address on a loan application or photograph or physical description on the identification is not consistent with the appearance of the student presenting the identification.
2. Identifying information presented that is consistent with fraudulent activity such as in invalid phone number or fictitious billing address, social security number presented that is the same as one given by another student, an address or phone number that is the same as that of another person.
3. A person fails to provide complete personal identifying information on an application when reminded to do.
The unusual use of, or other suspicious activity related to, a covered account;
1. Change of address for an account followed by a request to change the student’s last name.
2. Payment stops on an otherwise consistently up-to-date account.
3. Account used in a way that is not consistent with prior use.
4. Mail sent to the student is repeatedly returned as undeliverable.
5. Notice to the College that the student is not receiving mail sent by the College.
6. Notice to the College that an account has unauthorized activity.
7. Breach of the College’s computer system security.
8. Unauthorized access to or use of student account information.
A request made from a non-College issued E-mail account;
A request to mail something to an address not listed on file;
Notice from a student, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts.

Detection of Red Flags

The Program shall address the detection of red flags in connection with the opening of covered accounts and existing covered accounts, such as by:

Obtaining identifying information such as name, date of birth, home address or other identification, and verifying the identity of a person opening a covered account; and
Authenticating the identification of students if they request information either in person, via telephone or e-mail. Verifying the validity of change of billing address requests and in banking information for billing and payment purposes in the case of existing covered accounts.

In order to detect any of the Red Fags identified above for an employment position for which a background or credit report is sought, the College will require written verification from any applicant that the address provided by the applicant is accurate and in the event that notice of an address discrepancy is received, verify that the background and/or credit report pertains to the applicant for whom the requested report was made and report to the reporting agency an address for the applicant that the College has reasonably confirmed is accurate.

Response

The Program shall provide for appropriate responses to detected red flags to prevent and mitigate identity theft. The appropriate responses to the relevant red flags are as follows:

Monitor a covered account for evidence of identity theft;
Deny access to the covered account until other information is available to eliminate the red flag, or close the existing covered account;
Contact the student and/or provide student with new student identification number;
Change any passwords, security codes or other security devices that permit access to a covered account;
Reopen a covered account with a new account number or not open a new covered account;
Notify program administrator for determination of the appropriate step(s) to take;
Notify law enforcement; or
Determine no response is warranted under the particular circumstances.

Protecting Identifying Information

The College will take the following steps with respect to its internal operating procedures to protect identifying information:

Ensure the College’s website is secure or provide clear notice that the website is not secure;
Ensure complete and secure destruction of paper documents and computer files containing identifying information when such documents or files are no longer needed;
Ensure that office computers with access to covered account information are password protected;
Avoid use of social security numbers and allow access to social security numbers to very limited number of staff that have been approved by the Red Flag Committee;
Ensure computer virus protection is up to date;
Require and keep only the kind of information that is necessary for College purposes.

Oversight of the Program

Responsibility for developing, implementing and updating this program lies with the Red Flag Committee for the College. The Committee is chaired by the Chief Planning Officer and the remainder of the Committee is comprised of the unit directors for those areas that have direct access to identifying information. The Program Administrator in conjunction with the Committee will be responsible for the Program and oversight of the Program shall include:

Assignment of specific responsibility for implementation of the Program and ensuring appropriate training of College’s staff in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected;
Reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft;
Determining which steps of prevention and mitigation should be taken in particular circumstances;
Review of reports prepared by staff regarding compliance; and
Approval of material changes to the Program as necessary to address changing risks of identity theft.
Committee will review all requests by staff requesting access to the Social Security Numbers of either students or staff members and make recommendation to the Program Administrator on access.

Staff Training and Reports

College staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags and the responsive steps to be taken when a Red Flag is detected.

College staff will be trained as necessary to effectively implement the Program;
College staff is expected to notify the Program Administrator once they become aware of an incident of identity theft or of the College’s failure to comply with this program.

Reports shall be prepared as follows:

The Program Administrator will report to the President’s Cabinet at least annually on compliance by the College with the Program.
The report shall address material matters related to the Program and evaluate issues such as:

The effectiveness of the policies and procedures in addressing the risk of identity theft in connection with the opening of covered accounts and with respect to existing covered accounts;
Service provider agreements;
Significant incidents involving identity theft and management’s response; and
Recommendations for material changes to the Program.

Oversight of Service Provider Arrangements

The College shall take steps to ensure that the activity of a service provider is conducted in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft whenever the organization engages a service provider to perform an activity in connection with one or more covered accounts.

Require that service providers have such policies and procedures in place;
Require that service providers review the College’s Program and report any Red Flag to the College employee with primary oversight of the service provider relationship.

Updating the Program

The Program shall be reviewed and updated periodically by the Committee to reflect changes in risks to students or to the safety and soundness of the College from identity theft based on factors such as:

The experiences of the organization with identity theft;
Changes in methods of identity theft;
Changes in methods to detect, prevent and mitigate identity theft;
Changes in the types of accounts that the organization offers or maintains;
Changes in the College’s business arrangements with other entities.

Policy

Ramapo College is committed to maintaining a drug free workplace in compliance with applicable laws. The unlawful possession, use, distribution, dispensation, sale or manufacture of controlled substances is prohibited on College premises, including but not limited to: the College’s main campus and off-campus property owned, occupied, leased or used; College owned, leased or rented vehicles (regardless of their physical location); and, during College activities whether on or off-campus (collectively “College premises”).

Reason for Policy

To comply with the Drug Free Schools and Communities Act (DFSCA) of 1989, Drug and Alcohol Abuse Prevention regulations, the Federal Drug Free Workplace Act of 1988, and State of New Jersey Executive Order No. 204.

To Whom Does the Policy Apply

All College employees and students

Related Resources

Procedure 425: Drug Free Workplace

Federal Drug Free Workplace Act of 1988

New Jersey Executive Order No. 204

Contacts

People Operations and Employee Resources Department

Procedure

Procedure 425: Drug Free Workplace

Revised: September 2013, October 2023

For purposes of this policy, “illegal drugs or controlled substances” refer to those defined as illegal under federal, state and/or local laws. They include, but are not limited to: all forms of narcotics, depressants, stimulants, hallucinogens or other drugs whose use, possession or transfer is restricted or prohibited by law (except for drugs prescribed by a licensed medical provider and used according to instructions for the purpose for which they are prescribed).

The use, consumption, possession, transfer, display, transportation, sale or growth of cannabis or cannabis items is prohibited in the workplace and during working hours. Employees are prohibited from coming to work under the influence of cannabis or using cannabis in the workplace and during working hours.

Alcohol consumption is prohibited during college operating hours, including rest periods and meal periods, except at authorized College-sponsored events where alcohol is served. The use, sale, personal possession of alcohol during work time or on College property shall result in disciplinary action up to and including termination.

Employees who appear to be under the influence of alcohol, drugs or controlled substances shall not be permitted to work and may be subject to a Fit for Duty Evaluation. In the case of suspected impairment, the People Operations and Employee Resources Department (POERD) will utilize a Reasonable Suspicion Observation Report that documents the behavior, physical signs and evidence that support the College’s determination that an employee is reasonably suspected of being impaired during an employee’s prescribed work hours. Those suspected of impairment will be sent for alcohol/drug testing and can be required to provide medical clearance to return to work.

Where there is reasonable suspicion that an employee is in possession of drugs or a controlled substance, the College has the right to contact law enforcement.

Violation of this policy may result in the imposition of employment discipline up to and including termination as defined for specific employee categories by applicable statutes, rules, regulations, employment contracts, labor agreements and existing College policies. At the discretion of the College, any employee convicted of a drug offense involving the workplace shall be subject to employee discipline and/or required to satisfactorily complete a substance use disorder rehabilitation program as a condition of continued employment.

As a condition of employment, an employee of Ramapo College will notify their supervisor if they are convicted of a criminal drug offense involving the workplace within five (5) days of the conviction. An employee’s failure to notify the supervisor of a conviction may also result in employment discipline. In the event any such conviction involves an employee working on a Federal contract or grant, the College will notify the granting or contracting Federal agency within ten (10) days of receiving notice of a conviction. A statement to this effect shall be given to all employees.

The illegal use of controlled substances can seriously injure the health of employees; adversely impair the performance of their responsibilities; and endanger the safety and well-being of fellow employees, students, and members of the public. Therefore, the College urges employees engaged in the illegal use of controlled substances to seek professional advice and treatment. Anyone who is employed at Ramapo who has a substance use disorder is invited to contact the Department of People Operations and Employee Resources or the College’s Employee Advisory Service Provider for information about available assistance. Student employees should contact Counseling Services.

This statement and its requirements are promulgated in accordance with the requirements of the Drug Free Workplace Act of 1988 enacted by the United States Congress. The College will continue its efforts to maintain a drug free environment by adhering to the above policy and by providing ongoing drug and substance use disorder awareness programs.

Policy

N.J. Admin. Code § 4A:7-3.1

Ramapo College adopts the New Jersey State Policy Prohibiting Discrimination in the Workplace.

(a) The State of New Jersey is committed to providing every State employee and prospective State employee with a work environment free from prohibited discrimination or harassment. Under this policy, forms of employment discrimination or harassment based upon the following protected categories are prohibited and will not be tolerated: race, creed, color, national origin, nationality, ancestry, age, sex/gender, pregnancy, marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability. To achieve the goal of maintaining a work environment free from discrimination and harassment, the State of New Jersey strictly prohibits the conduct that is described in this policy. This is a zero tolerance policy. This means that the State and its agencies reserve the right to take either disciplinary action, if appropriate, or other corrective action, to address any unacceptable conduct that violates this policy, regardless of whether the conduct satisfies the legal definition of discrimination or harassment.

1. Prohibited discrimination/harassment undermines the integrity of the employment relationship, compromises equal employment opportunity, debilitates morale, and interferes with work productivity. Thus, this policy applies to all employees and applicants for employment in State departments, commissions, State colleges or universities, agencies, and authorities (hereafter referred to in this section as “State agencies” or “State agency”). The State of New Jersey will not tolerate harassment or discrimination by anyone in the workplace including supervisors, co-workers, employees of Gubernatorial Transition Offices, or persons doing business with the State. This policy also applies to conduct that occurs in the workplace and conduct that occurs at any location that can be reasonably regarded as an extension of the workplace (any field location, any off-site business-related social function, or any facility where State business is being conducted and discussed). This policy also applies to posts on any social media site and/or electronic device, personal or business, that adversely affects the work environment defined by the State Policy.

2. This policy also applies to third party harassment. Third party harassment is unwelcome behavior involving any of the protected categories referred to in (a) above that is not directed at an individual but exists in the workplace and interferes with an individual’s ability to do his or her job. Third party harassment based upon any of the aforementioned protected categories is prohibited by this policy.

3. It is a violation of this policy to engage in any employment practice or procedure that treats an individual less favorably based upon any of the protected categories referred to in (a) above. This policy pertains to all employment practices such as recruitment, selection, hiring, training, promotion, advancement appointment, transfer, assignment, layoff, return from layoff, termination, demotion, discipline, compensation, fringe benefits, working conditions, and career development.

(b) It is a violation of this policy to use derogatory or demeaning references regarding a person’s race, gender, age, religion, disability, affectional or sexual orientation, ethnic background, or any other protected category set forth in (a) above. A violation of this policy can occur even if there was no intent on the part of an individual to harass or demean another.

1. Examples of behaviors that may constitute a violation of this policy include, but are not limited to:

i. Discriminating against an individual with regard to terms and conditions of employment because of being in one or more of the protected categories referred to in (a) above;

ii. Treating an individual differently because of the individual’s race, color, national origin, or other protected category, or because an individual has the physical, cultural, or linguistic characteristics of a racial, religious, or other protected category;

iii. Treating an individual differently because of marriage to, civil union to, domestic partnership with, or association with persons of a racial, religious, or other protected category; or due to the individual’s membership in or association with an organization identified with the interests of a certain racial, religious, or other protected category; or because an individual’s name, domestic partner’s name, or spouse’s name is associated with a certain racial, religious, or other protected category;

iv. Calling an individual by an unwanted nickname that refers to one or more of the above protected categories, or telling jokes pertaining to one or more protected categories;

v. Using derogatory references with regard to any of the protected categories in any communication;

vi. Engaging in threatening, intimidating, or hostile acts toward another individual in the workplace because that individual belongs to, or is associated with, any of the protected categories; or

vii. Displaying or distributing materials, in the workplace or outside of the workplace that has an adverse impact on the work environment, including electronic communications, that contains derogatory or demeaning language or images pertaining to any of the protected categories.

(c) It is a violation of this policy to engage in sexual (or gender-based) harassment of any kind, including hostile work environment harassment, quid pro quo harassment, or same-sex harassment.

1. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example:

i. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

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

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

2. Examples of prohibited behaviors that may constitute sexual harassment and are, therefore, a violation of this policy include, but are not limited to:

i. Generalized gender-based remarks and comments;

ii. Unwanted physical contact, such as intentional touching, grabbing, pinching, brushing against another’s body, or impeding or blocking movement;

iii. Sexual physical contact that involves any form of coercion, force, or lack of consent, such as sexual assault;

iv. Verbal, written, or electronic sexually suggestive or obscene comments, jokes, or propositions, including letters, notes, e-mail, text messages, invitations, gestures, or inappropriate comments about a person’s clothing;

v. Visual contact, such as leering or staring at another’s body; gesturing; displaying sexually suggestive objects, cartoons, posters, magazines, or pictures of scantily-clad individuals; or displaying sexually suggestive material on a bulletin board, on a locker room wall, or on a screen saver;

vi. Explicit or implicit suggestions of sex by a supervisor or manager in return for a favorable employment action such as hiring, compensation, promotion, advancement appointment, or retention;

vii. Suggesting or implying that failure to accept a request for a date or sex would result in an adverse employment consequence with respect to any employment practice such as performance evaluation, advancement appointment, or promotional opportunity; or

viii. Continuing to engage in certain behaviors of a sexual nature after an objection has been raised by the target of such inappropriate behavior.

(d) Any employee who believes that she or he has been subjected to any form of prohibited discrimination/harassment, or who witnesses others being subjected to such discrimination/ harassment, should promptly report the incident(s) to a supervisor or directly to the State agency’s Equal Employment Opportunity/Affirmative Action Officer or to any other persons designated by the State agency to receive workplace discrimination complaints. A person who wishes to take action about prohibited sexual physical contact can file a criminal complaint with law enforcement of the municipality where the incident occurred. That person can also make a criminal report and a report to his or her supervisor/ manager and/or Equal Employment Opportunity/Affirmative Action Officer; one does not have to choose one or the other. All employees are expected to cooperate with investigations undertaken pursuant to (g) below. Failure to cooperate in an investigation may result in administrative and/or disciplinary action, up to and including termination of employment.

(e) Supervisors shall make every effort to maintain a work environment that is free from any form of prohibited discrimination/harassment. Supervisors shall immediately refer allegations of prohibited discrimination/harassment to the State agency’s Equal Employment Opportunity/Affirmative Action Officer, or any other individual designated by the State agency to receive complaints of workplace discrimination/harassment. A supervisor’s failure to comply with these requirements may result in administrative and/or disciplinary action, up to and including termination of employment. For purposes of this section and 4A:7-3.2, a supervisor is defined broadly to include any manager or other individual who has authority to control the work environment of any other staff member (for example, a project leader).

(f) Each State agency shall annually distribute the policy described in this section, or a summarized notice of it, to all of its employees, including part-time and seasonal employees. The policy, or summarized notice of it, shall also be posted in conspicuous locations throughout the buildings and grounds of each State agency (that is, on bulletin boards or on the State agency’s intranet site). The Department of the Treasury shall distribute the policy to Statewide vendors/contractors, whereas each State agency shall distribute the policy to vendors/contractors with whom the State agency has a direct relationship.

(g) Each State agency shall follow the State of New Jersey Model Procedures for Processing Internal Complaints Alleging Discrimination in the Workplace with regard to reporting, investigating, and where appropriate, remediating claims of discrimination/harassment. See N. J.A.C. 4A:7-3.2. Each State agency is responsible for designating an individual, or individuals, to receive complaints of discrimination/harassment, investigating such complaints, and recommending appropriate remediation of such complaints. In addition to the Equal Employment Opportunity/Affirmative Action Officer, each State agency shall designate an alternate person to receive claims of discrimination/harassment.

1. All investigations of discrimination/harassment claims shall be conducted in a way that respects, to the extent possible, the privacy of all the persons involved. The investigations shall be conducted in a prompt, thorough, and impartial manner. The results of the investigation shall be forwarded to the respective State agency head to make a final decision as to whether a violation of the policy has been substantiated.

2. Where a violation of this policy is found to have occurred, the State agency shall take prompt and appropriate remedial action to stop the behavior and deter its reoccurrence. The State agency shall also have the authority to take prompt and appropriate remedial action, such as moving two employees apart, before a final determination has been made regarding whether a violation of this policy has occurred.

3. The remedial action taken may include counseling, training, intervention, mediation, and/or the initiation of disciplinary action up to and including termination of employment.

4. Each State agency shall maintain a written record of the discrimination/harassment complaints received. Written records, consisting of the investigative report and any attachments, including witness statements, shall be maintained as confidential records to the extent practicable and appropriate and will remain so indefinitely.

(h) Retaliation against any employee who alleges that she or he was the victim of discrimination/harassment, provides information in the course of an investigation into claims of discrimination/harassment in the workplace, or opposes a discriminatory practice, is prohibited by this policy. No employee bringing a complaint, providing information for an investigation, or testifying in any proceeding under this policy shall be subjected to adverse employment consequences based upon such involvement or be the subject of other retaliation. Following are examples of prohibited actions taken against an employee because the employee has engaged in activity protected by this subsection:

1. Termination of an employee;

2. Failing to promote an employee or select an employee for an advancement appointment;

3. Altering an employee’s work assignment for reasons other than legitimate business reasons;

4. Imposing or threatening to impose disciplinary action on an employee for reasons other than legitimate business reasons; or

5. Ostracizing an employee (for example, excluding an employee from an activity or privilege offered or provided to all other employees).

(i) The burden is on the complainant to articulate a sufficient nexus between the alleged conduct to a protected category pursuant to the State Policy. An employee who knowingly makes a false accusation of prohibited discrimination/harassment or knowingly provides false information in the course of an investigation of a complaint, will be subjected to administrative and/or disciplinary action, up to and including termination of employment. Complaints made in good faith, however, even if found to be unsubstantiated, shall not be considered a false accusation.

(j) All complaints and investigations shall be handled, to the extent possible, in a manner that will protect the privacy interests of those involved. To the extent practical and appropriate under the circumstances, confidentiality shall be maintained throughout the investigative process. In the course of an investigation, it may be necessary to discuss the claims with the person(s) against whom the complaint was filed and other persons who may have relevant knowledge or who have a legitimate need to know about the matter. In order to protect the integrity of the investigation, minimize the risk of retaliation against the individuals participating in the investigative process, and protect the important privacy interests of all concerned, the EEO/AA Officer/investigator shall request that all persons interviewed, including witnesses, not discuss any aspect of the investigation with others, unless there is a legitimate business reason to disclose such information.

(k) Any employee found to have violated any portion or portions of this policy may be subject to appropriate administrative and/or disciplinary action which may include, but which shall not be limited to: referral for training, referral for counseling, written or verbal reprimand, suspension, reassignment, demotion, or termination of employment. Referral to another appropriate authority for review for possible violation of State and Federal statutes may also be appropriate.

(l) All State agencies shall provide all new employees with training on the policy and procedures set forth in this section within a reasonable period of time after each new employee’s appointment date. Refresher training shall be provided to all employees, including supervisors, within a reasonable period of time. All State agencies shall also provide supervisors with training on a regular basis regarding their obligations and duties under the policy and regarding procedures set forth in this section.

Reason for Policy

To achieve the goal of maintaining a work and learning environment free from discrimination and harassment.

To Whom Does the Policy Apply

All employees and applicants for employment, and anyone in the workplace including supervisors, co-workers, or persons doing business with the College.

N.J. Admin. Code § 4A:7-3.1

Amended by 46 N.J.R. 1331(c), effective 6/2/2014.

Amended by 47 N.J.R. 2972(a), effective 12/7/2015

Amended by 51 N.J.R. 1115(a), effective 7/1/2019

Amended by 52 N.J.R. 887(a), effective 4/20/2020

Contacts

Equity, Diversity, Inclusion, and Compliance
(201) 684-6693

Procedure

State of New Jersey Model Procedures or Processing Internal Complaints Alleging Discrimination in the Workplace

Date Adopted: December 16, 1999

Date Revised: June 3, 2005, August 20, 2007, October 15, 2009, March 24, 2010, February 8, 2011, November 15, 2011, February 28, 2013, July 26, 2013, March 22, 2016, July 1, 2019, August 19, 2020, November 6, 2023

Each State department, commission, State college or university, agency, and authority (hereafter referred to in this section as “State agency”) is responsible for implementing this model procedure, completing it to reflect the structure of the organization, and filing a copy of the completed procedure with the Division of EEO/AA.

(a)” All employees and applicants for employment should promptly report suspected violations of the State Policy Prohibiting Discrimination in the Workplace, N.J.A.C. 4A:7-3.1(State Policy). The complainant shall have the burden to articulate a sufficient nexus between the alleged conduct to a protected category pursuant to the State Policy.

(b) Complaints of prohibited discrimination/harassment can be reported to either Nicole Morgan Agard, Chief Equity and Diversity Officer & EEO/AA Monitor, to any supervisory employee of Ramapo College or through the State’s Hotline (833-691-0404). To facilitate the reporting of a complaint, the Discrimination Complaint Processing Form can be found on the Ramapo College Office of Equity, Diversity, Inclusion & Compliance websiteor the New Jersey Civil Service Commission’s (“NJCSC”) website.

(c) Complaints and allegations of discrimination/harassment should be reported promptly. Delays in reporting may not only hinder a proper investigation, but may also unnecessarily subject the victim to continued prohibited conduct.

(d) Supervisory employees shall immediately report all allegations of prohibited discrimination/harassment to Nicole Morgan Agard, Chief Equity & Diversity Officer & EEO/AA Monitor. Such a report shall include both alleged violations reported to a supervisor, and those alleged violations directly observed by the supervisor.

(e) If reporting a complaint to any of the persons set forth in subsections (a) through (d) above presents a conflict of interest, the complaint may be filed directly with the Division of EEO/AA, PO Box 315, Trenton, NJ 08625. An example of such a conflict would be where the individual against whom the complaint is made is involved in the intake, investigative or decision making process.

(f) In order to facilitate a prompt, thorough, and impartial investigation, all complainants are encouraged to submit a Discrimination Complaint Processing Form (DPF-481). An investigation may be conducted whether or not the form is completed.

(g) Each State agency shall maintain a written record of the discrimination/harassment complaints received. Written records shall be maintained as confidential records to the extent practicable and appropriate. A copy of all complaints (regardless of the format in which submitted) must be submitted to the Division of EEO/AA, by the State agency’s EEO/AA Officer, along with a copy of the acknowledgement letter(s) sent to the person(s) who filed the complaint and, if applicable, the complaint notification letter sent to the person(s) against whom the complaint has been filed. If a written complaint has not been filed, the EEO/AA Officer must submit to the Division of EEO/AA a brief summary of the allegations that have been made. Copies of complaints filed with the New Jersey Division on Civil Rights, the U.S. Equal Employment Opportunity Commission, or in court also must be submitted to the Division of EEO/AA.

(h) During the initial intake of a complaint, the EEO/AA Officer or authorized designee will obtain information regarding the complaint, and determine if interim corrective measures are necessary to prevent continued violations of the State’s Policy Prohibiting Discrimination in the Workplace. Interim corrective actions include, but are not limited to:

1. Separation of parties;

2. Removal or parties from the workplace; and

3. Involvement of law enforcement, when appropriate, for instances involving bodily harm or serious bodily harm.

(i) At the EEO/AA Officer’s discretion, a prompt, thorough, and impartial investigation into the alleged harassment or discrimination will take place. In determining whether or not a thorough and impartial investigation is warranted, the EEO/AA Officer when reviewing complaints shall consider, but is not limited to considering, the following factors: the facts presented, whether the complainant articulated a sufficient nexus between the alleged conduct to a protected category as set forth in N.J.A.C. 4A:7-3.1(a), the time the incident(s) occurred, the time the incident was reported, and whether the complainant and/or respondent is a current State employee (regardless of when the incident occurred).

(j) An investigative report will be prepared by the EEO/AA Officer or his or her designee when the investigation is completed. The report will include, at a minimum:

1. A summary of the complaint;

2. A summary of the parties’ positions;

3. A summary of the facts developed though the investigation; and

4. An analysis of the allegations and the facts. The investigative report will be submitted to President Dr. Cindy R. Jebb (hereinafter “President Jebb”) or Designee, who will issue a final letter of determination to the parties.

(k) President Jebb or Designee will review the investigative report issued by the EEO/AA Officer or authorized Designee, and make a determination as to whether the allegation of a violation of the State’s Policy has been substantiated. If a violation has occurred by a Ramapo College employee, the People Operations and Employee Resources Department will determine the appropriate corrective measures necessary to immediately remedy the violation. If a violation has occurred by a Ramapo College student, the Office of Student Conduct will determine the appropriate corrective measures necessary to immediately remedy the violation.

(l) President Jebb or Designee will issue a final letter of determination to both the complainant(s) and the person(s) against whom the complaint was filed, setting forth the results of the investigation and the right of appeal to the Civil Service Commission as set forth in subsections (m) and (n) below. To the extent possible, the privacy of all parties involved in the process shall be maintained in the final letter of determination. The Division of EEO/AA shall be furnished with a copy of the final letter of determination.

1. The letter shall include, at a minimum:

i. A brief summary of the parties’ positions;

ii. A brief summary of the facts developed during the investigation; and

iii. An explanation of the determination, which shall include whether:

(1) The allegations were either substantiated or not substantiated; and

(2) A violation of the Policy Prohibiting Discrimination in the Workplace did or did not occur.

2. The investigation of a complaint shall be completed and a final letter of determination shall be issued no later than 120 days after the initial intake of the complaint referred to in (h) above is completed.

3. The time for completion of the investigation and issuance of the final letter of determination may be extended by the State agency head for up to 60 additional days , which may be extended for good cause, in cases involving exceptional circumstances. The State agency head shall provide the Division of EEO/AA and all parties with written notice of any extension and shall include in the notice an explanation of the exceptional circumstances supporting the extension.

(m) A complainant who is in the career, unclassified, or senior executive service, or who is an applicant for employment, who disagrees with the determination of President Jebb or Designee, may submit a written appeal, within 20 days of the receipt of the final letter of determination from President Jebb or Designee, to the NJCSC, Division of Appeals and Regulatory Affairs (“DARA”), Written Record Appeals Unit, P.O. Box 312, Trenton, NJ 08625-0312. The appeal shall be in writing and include all materials presented by the complainant at the State Agency level, the final letter of determination, the reason for the appeal, and the specific relief requested.

1. Employees filing appeals which raise issues for which there is another specific appeal procedure must utilize those procedures. The Commission may require any appeal, which raises issues of alleged discrimination and other issues, such as examination appeals, to be processed using the procedures set forth in this section or a combination of procedures as the Commission deems appropriate. See 4A:2-1.7.

2. If an appeal under this chapter raises issues concerning the employee not receiving an advancement appointment, the Commission shall decide those issues in the course of its determination.

3. The Civil Service Commission shall decide the appeal on a review of the written record or such other proceeding as it deems appropriate. See 4A:2-1.1(d).

4. The appellant shall have the burden of proof in all discrimination appeals brought before the Civil Service Commission.

(n) In a case where a violation has been substantiated, and no disciplinary action recommended, the party(ies) against whom the complaint was filed may appeal the determination to the Civil Service Commission at the address indicated in (m) above within 20 days of receipt of the final letter of determination by the State agency head or designee.

1. The burden of proof shall be on the appellant.

2. The appeal shall be in writing and include the final letter of determination, the reason for the appeal, and the specific relief requested.

3. If disciplinary action has been recommended in the final letter of determination, any party charged who is in the career service may appeal using the procedures set forth in N.J.A.C. 4A:2-2 and 3.

(o) The Director of the Division of EEO/AA shall be placed on notice of, and given the opportunity to submit comment on, appeals filed with the Civil Service Commission of decisions on discrimination complaints, regardless of whether or not the complaint was initially filed directly with the Director of EEO/AA.

(p) Any employee or applicant for employment can file a complaint directly with external agencies that investigate discrimination/harassment charges in addition to utilizing this internal procedure. The time frames for filing complaints with external agencies indicated below are provided for informational purposes only. An individual should contact the specific agency to obtain exact time frames for filing a complaint. The deadlines run from the date of the last incident of alleged discrimination/harassment, not from the date that the final letter of determination is issued by the State agency head or designee.

1. Complaints may be filed with the following external agencies:

i. Division on Civil Rights

N.J. Department of Law & Public Safety

(Within 180 days of the discriminatory act)

- - Central Regional Office, 140 East Front Street, 6th Floor, P.O. Box 090, Trenton NJ 08625-0090, (609) 292-4605
  - Northern Regional Office, 31 Clinton Street, 3rd floor, P.O. Box 46001, Newark, NJ 07102, (973) 648-2700
  - South Shore Regional Office, 1325 Boardwalk, 1st Floor Tennessee Avenue and Boardwalk Atlantic City, NJ 08401,(609) 441-3100
  - Southern Regional Office, 5 Executive Campus, Suite 107, Cherry Hill, NJ 08034, (856) 486-4080

ii. US Equal Employment Opportunity Commission (EEOC)

(Within 300 days of the discriminatory act)

National Call Center – 1 800-669-4000

- - Newark Area Office, 2 Gateway Center, 17th Floor, Newark, NJ 07102, (973) 645-4684 (Newark Area Office has jurisdiction over the State of New Jersey Counties of Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Passaic, Somerset, Sussex, Union and Warren)
  - Philadelphia District Office, 801 Market Street, Suite 1300 Philadelphia, PA 19107-3127, (215) 440-2600 (The Philadelphia District Office has jurisdiction over the State of New Jersey, Counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean and Salem.)

N.J. Admin. Code § 4A:7-3.2

Amended by 46 N.J.R. 1331(c), effective 6/2/2014.

Amended by 47 N.J.R. 2972(a), effective 12/7/2015

Amended by 51 N.J.R. 1115(a), effective 7/1/2019

Modified by Executive Order No. 103(2020) 52 N.J.R. 974(a), effective 4/9/2020

Ramapo College Policies, Procedures, Statements

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Policy

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Preamble

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General Provisions

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