Statement of Principles
Intolerance
and bigotry are antithetical to the values of the university and
unacceptable within the Rutgers community. One of the ways the
university seeks to effect this principle is through a policy of
nondiscrimination, which prohibits discrimination on the basis of race,
religion, color, sex, age, sexual orientation, national origin,
ancestry, disability, marital status, or veteran status in university
programs. In order to reinforce institutional goals of
nondiscrimination, tolerance, and civility, the following policy
against verbal assault, defamation, and harassment makes clear that
such behavior toward others violates acceptable standards of conduct
within the university. (This policy is not intended to supersede the
university's policy against harassment.)
Verbal assault,
defamation, or harassment interferes with the mission of the
university. Each member of this community is expected to be
sufficiently tolerant of others so that all students are free to pursue
their goals in an open environment, able to participate in the free
exchange of ideas, and able to share equally in the benefits of our
educational opportunities. Beyond that, each member of the community is
encouraged to do all that she or he can to ensure that the university
is fair, humane, and responsible to all students.
A community
establishes standards in order to be able to fulfill its mission. The
policy against verbal assault, defamation, and harassment seeks to
guarantee certain minimum standards. Free speech and the open
discussion of ideas are an integral part of the university community
and are fully encouraged, but acts that restrict the rights and
opportunities of others through violence, intimidation, the destruction
of property, or verbal assault, even if communicative in nature, are
not protected speech and are to be condemned.
Prohibited Conduct
Any
of the following acts, even if communicative in nature, are prohibited
"separation offenses" (charges that could lead to suspension or
expulsion from the university) under the provisions of the University
Code of Student Conduct:
1. Use of force against the
person or property of any member of the university community or against
the person or property of anyone on university premises, or the threat
of such physical abuse. (Verbal assault may be prosecuted as a "threat
of . . . physical abuse.")
2. Theft of, or intentional
damage to, university property, or property in the possession of, or
owned by, a member of the university. (Acts of graffiti or other
vandalism may be prosecuted as "intentional damage to . . . property.")
3.
Harassment, which is statutorily defined by New Jersey law to mean, and
here means, purposefully making or causing to be made a communication
or communications anonymously or at extremely inconvenient hours; or in
offensively coarse language; or in any other manner likely to cause
annoyance or alarm; or subjecting or threatening to subject another to
striking, kicking, shoving, or other offensive touching; or engaging in
any other course of conduct or of repeatedly committed acts with
purpose to alarm or seriously annoy any other person. Harassment is
considered a separation offense under the University Code of Student
Conduct.
4. Defamation, which is judicially defined to
mean, and here means, the unprivileged oral or written publication of a
false statement of fact that exposes the person about whom it is made
to hatred, contempt, or ridicule, or subjects that person to loss of
the goodwill and confidence of others, or so harms that person's
reputation as to deter others from associating with her or him.
Defamation is considered a separation offense under the University Code
of Student Conduct.
While any of the four categories of acts
listed above is a separation offense that, if proven, could lead to a
sanction of expulsion or suspension from the university under the
provisions of the University Code of Student Conduct, clearly minor
instances of such prohibited behavior should be resolved at the college
level and not be treated as separation offenses requiring a
university-level hearing. The initial judgment of whether a particular
act is of a separable or nonseparable nature is made by the appropriate
college official.
Students who believe themselves to be victims
of verbal assault, harassment, or defamation should report such
incidents to the dean or the dean of students of their college or
school. In addition, the following individuals have been identified to
handle complaints:
Brian T. Rose, associate vice president for student affairs, 83 Somerset Street, College Avenue campus (732/932-7312);
Cheryl
Clarke, director of social justice education and LGBT conmmunities,
3 Bartlett Street, College Avenue campus (732/932-1711);
Mary Beth Daisey, associate provost for student affairs, Armitage Hall, Room 248, Camden campus, (856/225-6043);
Marcia W. Brown, vice provost for student and community affairs, Center for Law and Justice, Newark campus (973/353-5541).
Some
complaints can and should be resolved by informal methods, while others
will require the implementation of formal procedures. All complaints
are treated confidentially; complainants are encouraged to report
incidents even if they do not wish to pursue the matter beyond the
reporting stage.