A-46-24 In the Matter of Rutgers, the State University of New Jersey, and AFSCME Local 888 (090230) (Statewide) - Published

The CNA’s grievance procedure conflicts with -- and is thus preempted by -- the Title IX Regulations because 34 C.F.R. § 106.45(b) mandates that any grievance procedures beyond those specified in that section “must apply equally to both” the alleged victim and the alleged harasser, but the CNA’s arbitration process excludes the alleged victim.