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  Mason Gross School of the Arts 2020-2022 Academic Policies and Procedures University Code of Student Conduct Summary Process  

Process


The following summary presents key aspects of the code. Students should consult the code itself for complete information on each point: http://studentconduct.rutgers.edu/student-conduct-processes/university-code-of-student-conduct.

Filing a Complaint
Any individual may file a complaint against a student suspected of violating the code by contacting the Office of Student Conduct or submitting a written complaint using the online reporting form. The form is located at https://publicdocs.maxient.com/incidentreport.php?RutgersUniv.

Disciplinary Process
Any university community member may submit a complaint alleging a violation of the Code of Student Conduct. University community members may also submit a complaint on behalf of another person. All complaints shall be reported to the Office of Student Conduct/Community Standards.

Once a complaint has been received, a Conduct Officer conducts an investigation. The investigation may include meetings with the responding party, the complaint party, witnesses, and any other involved individuals. The investigation will determine the next step of the process. After the investigation, one of several things may happen:

(a) The Conduct Officer has insufficient information. No charges will be brought against the accused student at this time.
(b) The parties may be able to bypass the conduct process using Alternative Resolution practices.
(c) The Conduct Officer finds enough information to send a Finding Letter.
(d) The Conduct Officer may request an Administrative Hearing.
(e) Following an Administrative Conference, the accused student may be called to a University Hearing. (Only for cases where the recommended sanctions include suspension/expulsion from the university or loss of university housing.)

No charges
The complaint does not include enough information for the Conduct Officer to bring charges against the student. If new information is found, the university may reopen a case and the student may be subject to the disciplinary process.

Finding Letter
In certain minor cases, a Conduct Officer will have enough information to determine charges and responsibility from the complaint. The Conduct Officer will provide students with written notification that includes: the complaint, the given charges, the finding of responsibility, and sanctions. Should a student feel they received a letter in error or if they disagree with the finding and/or sanctions, they will have the opportunity to appeal.

Administrative Conference
After an investigation has been conducted, the Conduct Officer can request the student attend an Administrative Conference. The student will have the opportunity to present information, including witnesses in their defense. At this meeting the Conduct Officer will review all available information, determine charges, responsibility, and sanctions. Should a student disagree with the findings and/or the sanctions, they will have the opportunity to appeal to the Campus Appeals Committee.

University Hearing
After an investigation or an Administrative Conference, a Conduct Officer may find enough information to suggest separation from the university. These cases will be heard by the University Hearing Board. The University Hearing Board is the formal disciplinary body of trained students and staff members overseen by a trained university community member serving as the Hearing Officer. The University Hearing Board will review all available information, determine charges and responsibility. Should a student disagree with the findings and/or the sanctions, they will have the opportunity to appeal to the Campus Appeals Committee.

Violations
Violations of any student found responsible for committing, attempting to commit, or assisting others in committing a violation shall be subject to disciplinary sanctions as outlined below:

Violations, including but not limited to:

A. Violations of Academic Integrity:

Violations of the Rutgers University Academic Integrity Policy. Please refer to the Rutgers University Academic Integrity Policy for specific information regarding what would constitute a violation of this policy.

B. Acts of dishonesty:

1. Forging, unauthorized alteration, or unauthorized use of any university documents or records, any instrument or form of identification, or access credentials. This includes, but is not limited to, transfer of a Rutgers ID to violations of the Rutgers University Academic Integrity Policy to misuse or transfer of residence hall key.

2. Intentionally furnishing false information to the university.

3. Intentionally furnishing false information to persons outside the university concerning the student's academic record, degree, or activities.

4. Intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency.

5. Unauthorized entry into, use of, or misuse of university property, including computers, data, and voice communication networks

6. Possessing or selling false identification including fake IDs or RUIDs.

7. Unauthorized sale or resale of university event tickets or tickets provided through sponsored events/programs funded by university student fees, or the sale of such tickets above face value.

C. Safety violations:

1. Intentionally or recklessly starting a fire (does not include university-approved programs including fire, e.g., bonfires.)

2. Misusing fire safety equipment or elevators.

3. Intentionally or recklessly endangering the welfare of any individual.

4. Intentionally or recklessly obstructing fire, police, or emergency services.

5. Using, possessing, or storing dangerous chemicals, fireworks, or explosives on university property, even if they are legal to possess because of a license, or illegally possessing dangerous chemicals, fireworks, or explosives on an off-campus property. Possessing and storing small containers of Mace is permitted.

6. Using, possessing, or storing of any object classified as a weapon by the State of New Jersey on university property or illegally possessing weapons on an off-campus property. Law enforcement officials who are authorized by law to carry firearms are excluded from this definition.

7. Utilizing any instrument in a manner that endangers or tends to endanger any person.

8. Obstructing the free flow of pedestrian or vehicular traffic on or adjacent to university premises or at university events.

9. Failing to comply with the reasonable and lawful directions of university officials and/or university police, including but not limited to, failure to produce identification.

D. Physical misconduct:

1. Inflicting bodily harm upon any person or animal.

2. Using or threatening to use force against any person or animal.

E . Sexual misconduct outside the scope of the Title IX Policy and Grievance Procedures:
1. Gender-based harassment, which refers to acts of aggression, intimidation, stalking, or hostility based on gender, gender identity, or gender-stereotyping. Gender-based harassment can occur if students are harassed either for exhibiting what is perceived as a stereotypical characteristic of their sex, or for failing to conform to stereotypical notions of masculinity or femininity. To constitute harassment, the conduct must unreasonably interfere with an individual's education or academic activities or create an intimidating, hostile, demeaning, or offensive academic or living environment.

2. "Quid pro quo" sexual harassment, which refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, or communication of a sexual nature, including through electronic or social media platforms, when:
  • submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education, educational, or campus life activities; or
  • submission to or rejection of such conduct by an individual is used as the basis for academic or student life decisions affecting that individual.
3. Sexual exploitation, which refers to nonconsensual abuse or exploitation of another person's sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other nonlegitimate purpose. Examples of sexual exploitation include, but are not limited to:
  • observing another individual's nudity or sexual activity or allowing another to observe nudity or sexual activity without the knowledge and consent of all participants;
  • nonconsensual streaming of images, photography, video or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all participants;
  • exposing one's genitals in nonconsensual circumstances; or
  • inducing incapacitation for the purpose of making another person vulnerable to nonconsensual sexual activity; or
  • knowingly exposing another person to a sexually transmitted infection or virus without the other's knowledge.
4. Sexual intimidation, which refers to threatening behavior of a sexual nature directed at another person or group that reasonably leads the target(s) to fear for their physical well-being or to engage in sexual conduct for self-protection, such as threatening to sexually assault another person or engaging in indecent exposure.

5. Stealthing, which refers to intentionally removing, damaging, or lying about use of a prophylactic or contraceptive device (e.g. condom, female condom, other forms of birth control) when consent has only been given for protected sexual activity.

6. Sexual harassment, sexual assault, dating violence, domestic violence, or stalking, as defined by the Title IX Policy and Grievance Procedures, that occur against a person outside the United States, or outside the scope of an education program or activity as defined by Title IX, but within the jurisdiction of this Code of Student Conduct.

F. Bullying, intimidation, and harassment:

1. Making any communication to another person in any manner likely to cause alarm, including through electronic or social media platforms.

2. Subjecting another person or animal or threatening to subject another person or animal to striking, kicking, shoving, or offensive touching.

3. Threatening to reveal or releasing personal information or media about a person electronically or through other means of communication.

4. Engaging in any other course of alarming conduct or repeatedly committing acts with the purpose of seriously alarming another person.

A person's behavior should be sufficiently severe, pervasive, or persistent as to substantially disrupt or interfere with the orderly operation of the institution or the rights of a student to participate in or benefit from the educational program.

G. Child abuse:

Neglecting or inflicting any form of physical, emotional, or psychological harm or harassment upon any minor identified as a permanent or temporary dependent, codependent, or as under the responsibility of the accused.

H. Defamation:

Creating a false statement about a university community member and communicating that false statement to a third party, which then exposes that community member to hatred, contempt, ridicule, loss of goodwill, or loss of reputation as a result of the false statement.

I. Hazing:

1. Engaging in any act that impacts the mental, emotional, or physical health or safety of a student for the purpose of initiation into, admission into, affiliation with, or continued membership in any organization or team whose members are Rutgers University students.

2. Engaging in any activity that is inconsistent with regulations or policies of Rutgers University or laws in the State of New Jersey for the purpose of initiation into, admission into, affiliation with, or continued membership in any organization or team whose members are Rutgers University students.

Behavior falling into these categories shall be considered hazing regardless of whether a person is a willing participant.

J. Invasion of privacy:

1. Making, attempting to make, livestreaming, transmitting, or attempting to transmit audio, video, or images of any person(s) on university premises in bathrooms, showers, bedrooms, common areas of suites or apartments, medical examination rooms, training rooms, or other premises where there is an explicit expectation of privacy with respect to nudity and/or sexual activity, without the knowledge and consent of all participants subject to such recordings.

2. Viewing any person(s) on university premises in bathrooms, showers, bedrooms, common areas of suites or apartments, medical examination rooms, training rooms, or other premises where there is an explicit expectation of privacy with respect to nudity and/or sexual activity, without the knowledge and consent of all participants.

K. Theft or damage to property:

1. Taking or attempting to take university, public, or private property without the consent of the owner or person legally responsible for that property.

2. Obtaining university services through devious means.

3. Knowingly possessing public, private, or university property that was stolen.

4. Intentionally or recklessly damaging university, public, or private property.

L. Use or possession of alcohol, narcotics, or other drugs:

1. Possessing or consuming alcohol under the legal drinking age in New Jersey.

2. Possessing alcohol in areas of campus where alcohol is not permitted.

3. Unlawfully possessing or using drugs, narcotics, controlled substances, or paraphernalia.

4. Misusing or misappropriating any prescription, over-the-counter medication, or legal substance.

5. Possessing or using medical marijuana on any Rutgers University property.

6. Impaired driving: Driving under the influence of alcohol and/or drugs is prohibited.

M. Distribution of alcohol, narcotics, or other drugs:

1. Selling, transferring, giving away, or exchanging something in return for narcotics, prescription medications, or other illegal substances.

2. Providing or facilitating the consumption of alcohol by any person without taking reasonable and prudent precautions to ensure that the person is of legal drinking age in New Jersey.

3. Sharing medical marijuana with individuals who do not have a medical marijuana prescription.

N. Disruption:

1. Intentionally or recklessly interfering with any university activity or university-sponsored activity.

2. Disrupting or obstructing an academic class or lecture, an administrative or support function, or official university business.

3. Engaging in classroom conduct prohibited by the faculty member or in violation of the law or university policy.

It should be noted that this policy is not intended to punish students for classroom dissent or hinder organized, peaceful, and orderly protests that are undertaken within reasonable time, manner, and place restrictions placed upon the same by the university. See the Disruption Policy (Policy 50.3.5): https://policies.rutgers.edu/5035-currentpdf.

O. Disorderly conduct:

Engaging in conduct that is disruptive, lewd, or indecent, regardless of intent, which breaches the peace of the community.

P. Undisclosed recording:

Recording, livestreaming, or transmitting images, audio, or video of private, nonpublic conversations, and/or meetings on university premises without the knowledge and consent of all participants. This may include recording instructors without consent. Students must consult with instructors for guidance on their recording policies. This provision does not extend to the recording of public events or discussions, to recordings made for law enforcement purposes, or to any registered disability accommodation.

Q. Violations of other university policies:

Violating other published university regulations or policies.

R. Engaging in behavior that violates a university Interest (as defined under jurisdiction).

S. Abuse of the disciplinary system:

1. Knowingly providing false testimony or evidence during the conduct process.

2. Disrupting or interfering with the conduct process.

3. Failing to complete imposed sanctions.

4. Refusing to provide information at a disciplinary proceeding. Students are expected to fully cooperate with and participate in the university disciplinary system when notified. A student may choose to withhold information or testimony if the student feels information presented will lead to self-incrimination.

5. Harassing a University Hearing Board member, Campus Appeals Committee member, Conduct Officer, Hearing Officer, Campus Adviser, or witness before or after a disciplinary proceeding.

Campus Advisers
Both individuals filing complaints and accused students may select a campus adviser to assist them during the disciplinary process. 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.

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 entity (Rutgers University-New Brunswick, Rutgers Biomedical and Health Sciences, Rutgers University-Newark, Rutgers University-Camden).

 
For additional information, contact RU-info at 848-445-info (4636) or colonelhenry.rutgers.edu.
Comments and corrections to: Campus Information Services.

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