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).
