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 conduct in the Office of Student
Conduct.
Preliminary Review
Upon receipt of a complaint, a preliminary review is
conducted by a conduct 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
21. making or
attempting to make an audio or video recording of any person(s) on
university
premises in bathrooms, showers, bedrooms, or other premises where there
is an
expectation of privacy with respect to nudity and/or sexual activity,
without
the knowledge and consent of all participants subject to such
recordings.
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 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
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 Conduct, which
forwards them to the Appeals Committee of the appropriate campus
(Camden,
Newark, New Brunswick).
