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) or
the director of student conduct in the Office of Student Conduct.
Preliminary Review
Upon receipt
of a complaint, a preliminary review is conducted by a judicial officer
to assess the evidence and determine if it is sufficient to proceed to
a hearing. The individual 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). These serious cases are decided at
university hearings or disciplinary conferences. Less serious offenses
(nonseparable offenses) are heard at disciplinary conferences.
Separable Offenses
The
following offenses are deemed serious enough to result potentially in
separation from the university should a student be found responsible:
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
4. intentionally initiating or causing to be initiated any false report,
warning, or threat of fire, explosion, or other emergency
5. use of force against any person or property or the threat of such force
6. sexual assault or nonconsensual sexual contact
7. hazing
8. violation of the university's Student Life Policy against Verbal Assault, Defamation, and Harassment
9. unauthorized entry into, unauthorized use of, or misuse of university
property, including computers and data and voice communication networks
10. intentionally or recklessly endangering the welfare of any individual
11. intentionally or recklessly interfering with any university activity
12. intentionally or recklessly interfering with any university-sponsored activity
13. 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
14. 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
15. 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.
The definition of theft includes theft or abuse of computer time.)
16. 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
17. violations of
federal, state, or local law where such violations have an adverse
effect on the educational mission of the university
18. failure
to comply with the lawful directions of university officials, including
campus police officers acting in performance of their duties
19. 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
20. stalking
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 Student Conduct maintains a list of trained campus advisers for this
purpose. Students are free to select any members 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 and
disciplinary conferences, but may not speak on behalf of their clients
or question witnesses at a hearing or disciplinary conference.
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, and/or the process by which the decision was
reached. Appeals are filed through the Office of Student Conduct, which forwards them to the Appeals Committee of the
appropriate campus (Camden, Newark, New Brunswick).
