Process

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.

Preliminary Review

Upon receipt of a complaint, a preliminary review is conducted by a conduct officer to provide information to the accused student about the conduct process, to assess the evidence, and to determine whether or not there is enough information to charge a student with a Code of Student Conduct violation. The student is also given an opportunity to resolve the case without the case having to proceed to a hearing.

Separable Offenses

Separable violations may result in either expulsion or suspension from the university, but lesser sanctions will be considered whenever appropriate. The following offenses are deemed serious enough to result potentially in separation from the university should a student be found responsible:

1.     Academic integrity:

Separable violations of academic integrity are very serious violations of academic integrity that affect a significant portion of the coursework and are often characterized by substantial premeditation or planning and clearly dishonest intent on the part of the student committing the violation. 

2.     Acts of dishonesty:

a.     Forging, unauthorized alteration, or unauthorized use of any university documents or records, or any instrument or form of identification.

b.     Intentionally furnishing false information to the university.

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

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

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

3.     Safety violations:

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

b.     Misusing fire safety equipment or elevators.

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

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

e.   Using, possessing, or storing dangerous chemicals, fireworks, or explosives, even if they are legal to possess because of a license. Possessing and storing small containers of Mace is permitted. 

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

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

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

i.    Failing to comply with the reasonable and lawful directions of university officials and university police. 

4.     Physical misconduct:

a.     Inflicting bodily harm upon any person.

b.     Threatening to use force against a person.

5.     Sexual assault or nonconsensual sexual contact:

a.     Touching of an unwilling or nonconsenting person's intimate parts (such as genitalia, groin, breast, buttocks, or mouth under or over a person's clothes).

b.     Touching an unwilling person or nonconsenting person with one's own intimate parts.

c.      Forcing an unwilling person to touch another's intimate parts.

d.     Penetrating an unwilling person orally, anally, or vaginally with any object or body part. This includes, but is not limited to, penetration of a bodily opening without consent, through the use of coercion, or through exploitation of another's inability to give consent.

e.     Penetrating an unwilling person orally, anally, or vaginally with any object or body part by use of force, threat, and/or intimidation.

According to New Jersey law, age, physical impairment, and mental impairment all contribute to a person's ability to give consent. A person must be 16 years of age to legally consent to sexual activity. A person cannot give consent to sexual activity with someone who has "the duty to care" for them unless they are over the age of 18. Individuals that fall into "the duty to care" category would include parents or guardians, and those in any type of formal supervisory role. If individuals are between the ages of 13 and 15 they can legally consent to sexual activity with a partner who is not more than 4 years older.

An individual who is physically or mentally impaired may not be able to give consent to sexual activity. Physical or mental impairment may include: visual, speech or hearing impairment, cognitive impairment; being unconscious or asleep; or being under the influence of alcohol or other substance(s) to the point of being unable to make a decision.

6.     Bullying, intimidation, and harassment:

a.     Making, or causing to be made, any communication (including electronic or through social media) to another person in any manner likely to cause alarm.

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

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

d.     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.

7.     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 good will, or loss of reputation as a result of the false statement.

8.     Hazing:

a.     Engaging in any act that endangers 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.

b.     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. 

9.     Invasion of privacy:

a.     Making, attempting to make, transmitting, or attempting to transmit audio, video, or images of any person(s) on university premises in bathrooms, showers, bedrooms, 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. 

b.     Viewing or spying on a person(s) on university premises in bathrooms, showers, bedrooms, 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. 

10. Theft or damage to property:

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

b.     Obtaining university services through devious means.

c.      Knowingly possessing private or university property that was stolen.

d.     Intentionally or recklessly damaging university or private property.

11. Distribution of alcohol, narcotics, or dangerous drugs:

a.     Selling, transferring, or exchanging something in return for narcotics, prescription medications, or illegal substances on university property or between members of the university community.

b.     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. 

12. Stalking:

Any course of conduct directed at a specific person that would cause a reasonable person to be fearful of serious harm or danger to themselves or individuals close to them. Examples of stalking include nonconsensual communication and physical contact; following or pursuing the other person; waiting or showing up at locations visited by the other person; spying on a person; trespassing; vandalism; gathering of information about a person from others; or manipulating and controlling behaviors such as threats to harm oneself or threats to harm someone close to the victim.

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.

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 or staff 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 (for academic integrity cases) or preponderance of evidence (for nonacademic cases), it also recommends a sanction for the offense to the hearing officer. The hearing officer 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 (New Brunswick, Newark, Camden).