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) or the director of
student judicial affairs in the Office of Student Judicial Affairs.
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 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 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 Judicial Affairs, which forwards them to the Appeals
Committee of the appropriate campus (Camden, Newark, New Brunswick).