The following summary presents key aspects of the code. Students should consult the code itself for complete information on each point.
Filing a Complaint
Any individual may file a complaint against a student suspected of violating the code by notifying the dean of students (or equivalent) of the respondent`s college or school, or the director of judicial affairs in the Division of Student Affairs.
Preliminary Review
Upon receipt of a complaint, a preliminary review is conducted by the dean of students (or equivalent) or his or her designee to assess the evidence and determine if it is sufficient to proceed to a hearing. The dean conducting this review also assesses the seriousness of the charges. The most serious charges can, upon a finding of responsibility, result in separation from the university (suspension or expulsion) and are heard at university hearings. Less serious offenses (nonseparable offenses) are heard according to the procedures in place at the student`s college or school of affiliation.
Separable Offenses
The following offenses are deemed serious enough to result potentially in separation from the university should a student be found responsible at a hearing:
1. violations of academic integrity
2. forgery, unauthorized alteration or unauthorized use of any university documents or records or any instrument or form of identification
3. intentionally furnishing false information to the university or intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency
4. use of force against any person or property or the threat of such force
5. sexual assault or nonconsensual sexual contact
6. hazing
7. violation of the university`s Student Life Policy against Verbal Assault, Defamation, and Harassment (Copies are available from the judicial affairs office or dean of students` office.)
8. unauthorized entry into, unauthorized use of, or misuse of university property, including computers and data and voice communication networks
9. intentionally or recklessly endangering the welfare of any individual or intentionally or recklessly interfering with any university activity or university sponsored activity
10. use, possession, or storage of any weapon, dangerous chemical, fireworks, or explosive, whether or not a federal or state license to possess the same has been issued to the possessor
11. the distribution of alcohol, narcotics, or dangerous drugs on university property or among members of the university community, if such distribution is illegal, or the possession of a sufficiently large quantity as to indicate an intention to distribute illegally
12. theft of university services or theft of, or intentional or reckless damage to, university property or property in the possession of, or owned by, a member of the university community, including the knowing possession of stolen property (Intentional or reckless misuse of fire safety equipment is regarded as damage under this section of the code.)
13. the violation of the ethical code of one`s intended profession either by graduate students enrolled in any of the university`s professional or graduate schools or by undergraduate students in clinical courses or settings related to their intended profession
14. violations of federal, state, or local law where such violations have an adverse effect on the educational mission of the university
15. failure to comply with the lawful directions of university officials, including campus police officers acting in performance of their duties
16. knowingly providing false testimony or evidence; disruption or interference with the orderly conduct of a disciplinary conference or hearing; violating the terms of any disciplinary sanction imposed in accordance with this code, or any other abuse of the university`s disciplinary procedures.
Campus Advisers
Both complainants and respondents may select a campus adviser to assist them during the disciplinary process. Campus advisers may fully represent students, including speaking on their behalf. The Office of the Vice President for Student Affairs maintains a list of trained campus advisers for this purpose. Students are free to select any member of the university community to serve as their advisers, whether they are on the list or not.
Attorneys
Complainants and respondents also may, at their own expense, seek the advice of an attorney in addition to that of a campus adviser. Attorneys are free to advise students, to assist in the preparation of their cases, and to attend hearings, but may not speak on behalf of their clients or question witnesses at a hearing.
University Hearings
University hearings are presided over by a hearing officer and heard by a hearing board usually composed of three students and two faculty members. It is the hearing board`s responsibility to determine whether the accused student is responsible or not responsible for violating the code. If the hearing board determines a student to be responsible by the standard of clear and convincing evidence, it also recommends a sanction for the offense to the vice president for student affairs. The vice president for student affairs considers the hearing board recommendation and determines the sanction.
Appeals
A student found responsible for violating the code may appeal the finding, the sanction, or both. Appeals are filed through the Office of the Vice President for Student Affairs, which forwards them to the Appeals Committee of the appropriate campus (Camden, Newark, New Brunswick).
