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 assistant director of
judicial affairs in the Office of Compliance, Student Policy, and Judicial 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). These serious cases are decided at university hearings.
Less serious offenses (nonseparable offenses) are heard according to
procedures in place at the student`s college or school.
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
Compliance, Student Policy, and Judicial Affairs 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, 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
Compliance, Student Policy, and Judicial Affairs, which forwards them
to the Appeals Committee of the appropriate campus (Camden, Newark, New
Brunswick/Piscataway).
