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1.
Seton Hall University School of Law has long-standing
policies against discrimination, including harassment, on
the grounds of age, race,
color, ethnicity, gender, national origin, religion, creed,
disability, or sexual orientation.
In addition to complying with all applicable federal
and state laws regarding such conduct, the Law School
subscribes to the University’s policies condemning
discrimination and harassment, especially the University
Policy Against Sexual Harassment and the University Racial
and Ethnic Discrimination Policy.
Consistent with its obligations on privacy of student
records, the Law School cooperates with state Committees on
Character and Fitness and similar authorities who pass on
candidates for admission to the bar in all the states of the
United States.
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2. In addition, the Law School also has its own policies addressing these matters. These include the Anti-Bigotry Policy, the Code of Student Conduct (sometimes referred to as the Honor Code), the Probation & Grievance Rules, and the Employee Disciplinary Procedure.
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3. Law School enforcement of both its policies and University policies is through the Code of Student Conduct, the Probation & Grievance Rules, and the Employee Disciplinary Procedure (hereinafter "Law School procedures"). To that extent, the University has recognized that the Law School procedures supersede the procedures utilized by the University to enforce the policies against discrimination on the South Orange campus.
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4. Allegations of violations by students of policies against discrimination are addressed through the Code of Student
Conduct.
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5. Allegations of violations by faculty (full-time and adjunct) and administrators with faculty rank are addressed through the Probation & Grievance Rules.
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6. Allegations
of violations by administrators without faculty rank and by
staff members are addressed through the Employee
Disciplinary Procedure, subject only to any modifications
required by any collective bargaining agreement to which the
University is a party.
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7. Notwithstanding anything to the contrary in Law School procedures, in the
case of possible violations of University or Law School policies against discrimination that are submitted anonymously, or as to which the complaining party is unwilling to make a written statement, the Associate Dean will conduct an investigation as thought appropriate in light of the information.
Notwithstanding anything to the contrary in Law School procedures, in the case of possible violations of University or Law School policies that are reported after the time permitted by the various procedures, the Associate Dean will conduct an investigation as he or she believes appropriate and, if such an investigation reveals sufficient cause to proceed, shall request the appropriate body to consider the matter despite the untimeliness of the complaint.
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8. Any complaining party shall have the right to bring an attorney or other support person for any meetings, interviews, or proceedings involved in the investigation of prosecution of the complaint.
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9.
No party who brings a good faith complaint before any
body or to the Associate Dean shall be subject to
retaliation. Retaliation
will subject the retaliator to disciplinary action.
Provided, however, that this paragraph shall not preclude
the Honor Council, or any other body from sanctioning a
complaining party who makes a knowing false complaint.
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10.
The Law School shall not be responsible for the attorneys' fees of any complaining party, any respondent, or any other participant in the proceedings unless the Associate Dean shall have approved in advance payment for such representation.
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11.
While the Law School believes that the various policies and procedures recognize the importance of academic freedom to a University, it reasserts that all faculty and students have the right to freely engage in discussions and analysis of controversial issues. Such discussions are integral to the Law School's mission of educating attorneys and policy makers who can deal effectively with the most sensitive issues confronting law and society.
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12.
The Associate Dean shall keep a record of all complaints, whether oral or written, signed or anonymous, as well as a record of the disposition of each such complaint. Where a complaint has been determined to be valid by the appropriate body, the Associate Dean shall, in addition to whatever other action may be required, notify the Office of Compliance of the University of the disposition of the matter.
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