Student Code of Conduct

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Student Code of Conduct

Policy Name: Student Code of Conduct
Policy ID Number: 05-04-001
Version Effective Date: January 18, 2022
Applies To: Students
Responsible Office: Division of Student Affairs
Approved By: Office of the Dean of Students

Preface

The members of the New Jersey City University community recognize that the development of responsible student behavior and conduct is fostered by example, counseling, guidance, admonition, and adherence to university policies and regulations.

NJCU is committed to the overall educational and personal growth of its students. The University encourages the cooperation of all members of the campus community, both in and out of the classroom and through online communities. To that end, the University establishes this set of policies, standards of behavior, regulations, procedures, sanctions, and appeal processes. It is intended to prevent, limit, and correct actions that may impede, obstruct, or damage the educational environment, and threaten the maintenance of order. 

It is expected that all students will make themselves familiar with this Code. Unfamiliarity with the Code is not grounds for failing to live up to the expectations set forth within the Code. While it is the goal of the disciplinary process to educate students as to the purpose and importance of abiding by the prescribed Code of conduct, the University may also issue sanctions as are appropriate and necessary to ensure continued and/or future adherence to this Code. This document and supporting materials were developed to guarantee procedural fairness to students when there has been an alleged failure to abide by NJCU's policies and regulations. Procedures may vary in formality given the gravity and nature of the offense and the sanctions that may be applied. Terms and prohibited conduct not explicitly defined here will be defined with reference to New Jersey Statutes.

New Jersey City University is committed to equal student access to all campus benefits and services without regard to race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality, sex, gender identity or expression, or any other characteristic protected from discrimination by the New Jersey Law Against Discrimination (N.J.S.A. 10:5-4). To foster an atmosphere of respect, understanding, and goodwill among all members of our diverse campus community, the University will regard differences of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality, sex, gender identity or expression, or any other characteristic protected from discrimination by the New Jersey Law Against Discrimination, NJSA 10:5-4 as strengths to be honored, not mocked or derided. Thus, the University encourages all members of the community to behave in ways that enhance our diverse, multi-ethnic, and multi-cultural society.

A general principle in all matters of student discipline will be that the University may base its determinations on a preponderance of the information (i.e., it is more likely than not, or a subtle conviction based upon the facts presented). In cases of misconduct where a sanction may be assessed, or in which a student so requests, the student will be informed in writing of the allegations and charges, will be allowed to refute them, and will be afforded an avenue to appeal an adverse decision.

This Code of Conduct applies to incidents that occur on the University's Campus, at any University-related facility, at any University event, between university students who utilize computers or other equipment located on the University campus or at university-related facilities. University events include all athletic, academic, and social events sponsored by any University-related organization, whether on or off-campus. 

Off-campus misconduct may be subject to the authority of the University and addressed through its conduct procedures if a student engages in prohibited conduct under such circumstances that reasonable grounds exist for believing that the accused student poses a threat to the life, health, or safety of any member of the University community or to the property of the University. Also, if the conduct interferes in the University's pursuit of its educational mission, the discharge of its primary responsibilities to maintain an orderly educational atmosphere, and to function without substantial interruption as an institution of higher learning each student will be responsible for his/her conduct from the time of enrollment through the actual awarding of a degree. This includes the time before classes begin or after classes end each semester. 

Subject to the protections afforded to students under the First Amendment, the Code may be enforced by the University concerning behavior conducted online, via email or other electronic mediums. Students should also be aware that online postings may subject a student to alleged conduct violations if evidence of policy violations is posted online. The University may act if and when such information is brought to the attention of university officials. However, the protected free expression will not be subject to this Code.

A student will not, through act or omission, assist another student, individual, or group in committing or attempting to violate the University's Code of Conduct. A student who knows another individual committing or attempting to violate the Code of Conduct is required to remove him or herself from the situation, and failure to do so when reasonable under the circumstances may be the basis for a violation of this policy. Furthermore, attempted violations of, or being an accessory to any act prohibited by the Code of Conduct will be considered the same as a completed violation.

Subject to the protections afforded to students under the First Amendment, the Code may be enforced by the University concerning behavior conducted online, via email or other electronic mediums. Students should also be aware that online postings may subject a student to alleged conduct violations if evidence of policy violations is posted online. The University may act if and when such information is brought to the attention of university officials. However, the protected free expression will not be subject to this Code.

Administration or staff: any person who currently holds a non-faculty appointment within the University. This does not include Faculty who serve as department chairs. 

Alleged Victim: a member of the University community who alleges that they have suffered personal harm or injury because of an alleged violation(s) of this Code. 

Appeal Officer: any University Administrator who is charged with hearing and determining student appeals from a Judicial Hearing Board or a University Administrative Hearing based on reviewable criteria. In cases involving Harassment/Title IX, the appeal will be heard by an Appeal Panel. 

Associate Dean of Students: the person designated by the Office of the Dean of Students to be responsible for the administration of the University Code of Conduct and all procedures related to said administration. The Director will develop policies for the administration of the student conduct system and procedural rules for the conduct of Judicial Hearing Board hearings that are consistent with provisions of the Student Code.  

Business Day: any day when the University offices are open for business. Any documents that are sent on non-business days will not be viewed as received until the following business day. 

Coercion: persuading someone to do something by using verbal and/or physical force or threats. 

Complainant: any member of the University community who is a current student, faculty, or administrator/staff who has elected to serve as the complaining party in Hearings or Conferences conducted under this Code. Additionally, the University reserves the right to act as the complainant in any case. This includes the University itself in matters that concern but are not limited to alleged violations of harassment or dating, sexual or relationship misconduct. 

Conduct Meeting (CM): initial meeting with a university administrator to discuss the process and options for the student. Only the accused student and conduct officer will attend this meeting. 

Conduct/Hearing Officer: any member of the University who has been trained to deal with violations of the Code of Conduct (ex. Residence Hall Directors, Judicial Hearing Board members) and to impose sanctions upon any student(s) who violates the University's Code. 

Consent: Consent must be informed, voluntary, and mutual, and can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when coercion, intimidation, threats, or duress is used. Consent to a sexual act is based upon active, informed, freely decided choice to participate in sexual contact, intercourse, and consent cannot be assumed or implied by silence or the absence of physical or verbal resistance. It is an affirmative, unambiguous, and conscious decision. Consent for one type of sexual act does not imply consent to other forms and must be ongoing throughout a sexual encounter. Past consent to sexual activity does not imply ongoing future consent with that person or consent to that same activity with another person. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent; this includes, incapacitation or impairment by use of alcohol and/or drug consumption that meets this standard or being asleep or unconscious. 

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim is dating violence. The existence of such a relationship shall be determined based on a consideration of the following three factors: (1) the length of the relationship; (2) the type of relationship; and (3) the frequency of interaction between the persons involved in the relationship. 

Faculty: any person hired by the University to conduct classroom or teaching activities or who holds a current academic appointment within the University. 

Intimate Partner Violence: a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Intimate partner violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This may include but is not limited to, any behaviors that intimidate, manipulate, harass, assault, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound another. Intimate partner violence also includes action toward the victim/reporting member that constitutes a violent misdemeanor and felony offenses committed by the Victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under intimate partner or family violence law (current or former spouse or intimate partner, or a person with whom someone shares a child or another person who is a present or former household member). 

Judicial Hearing Board: hearing option where the charged student is brought before a board consisting of Faculty, administrators and students to determine the outcome of a case. Student can have either a University Advisor or a Legal counsel present but must speak for him/herself. Witnesses to the event can be questioned. 

Legal Counsel/attorney: a person who holds a JD, LLB or LLM degree from an accredited college or University, who has passed a bar exam, and is not a member of the University community. 

Member of the University community: means any student, faculty, administration, or staff member at the University. 

Persona Non Grata (PNG): Latin for "an unwelcome person". Any individual prohibited from visiting an area is considered PNG. Individuals who receive this status are subject to either revocation of visitation in the residence halls or all University premises. Individuals who are not currently registered at the University who violate any policy will be subject to this status. Individuals classified as non-students who seek to enroll in the University in the future will have to address the alleged violation prior to gaining admittance/reentry to the University; however, the removal of the PNG status is subject to approval and not guaranteed. New Jersey City University is under no obligation, legal or otherwise, to remove this status or grant meetings to discuss this status. It will be the sole discretion of the Director of Student Conduct to review any requests. 

Policy: means the written regulations of the University as found in, but not limited to, the University Code of Conduct, Residence Life Handbook, the University web page, and computer use policy, and Graduate/Undergraduate Catalogs. 

Reckless intent: conduct which one should be expected to know would create a substantial risk of harm to persons or property 

Respondent: any student who has been accused of an act prohibited under this Code. 

Sexual Assault: any actual or attempted sexual contact with another person without that person's consent. Sexual assault, includes but is not limited to, intentional touching of another person's intimate parts without that person's consent; intentional sexual contact without that person's consent; coercing, forcing or attempting to coerce or force a person to touch another person's intimate parts without that person's consent; penetration, no matter how slight, without consent of the vagina or anus of a person by any body part of another person or by an object; penetration, of the mouth of a person by a sex organ of another person without that person's consent. 

Stalking: repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person; or such other course of conduct directed at a specific person that would cause a reasonable person to fear for her/his or other's safety, or to suffer substantial emotional distress. 

Student: includes all persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies. Persons who withdraw after violating the Student Code and those who are not officially enrolled for a particular term, but who have a continuing relationship with the University are considered students. In addition, any person for whom the University maintains educational records, as defined by the Family Educational Rights and Privacy Act of 1974 and related regulations, has not yet been awarded their degree from the University. Any individual who is not registered for classes at the time of a reported violation is viewed as a non-student and subject to PNG status (see PNG). 

University: means New Jersey City University and all its undergraduate, graduate, and professional schools and colleges, divisions, and programs. 

University Administrative Hearing (UAH): hearing option where only the student charged with a violation meets with a Conduct Officer so a case outcome can be rendered. Only the accused student, conduct officer, and University Advisor may be present. 

University Advisor: a member of the University community who has been selected by a respondent or by a complainant to assist them in hearings or conferences conducted under this Code's stated processes. University advisors who hold a law degree may not act in the scope of a legal advisor. An advisor cannot be related to the student going through the process; examples of individuals who might serve as advisors would be a student's academic advisor, a professor/administrator they know well, etc. In cases involving Dating, Relationship or Sexual Misconduct or Violence (Title IX related incident), the advisor can be any individual of the student's choice, including an attorney or family member. 

University premises: for purposes of this Code, means buildings or grounds owned, leased, operated, controlled, or supervised by the University. 

University sponsored activity: any academic, co-curricular, extra-curricular or other activity on or off campus, which is initiated, aided, authorized, or supervised by the University or University sanctioned organizations or personnel. 

New Jersey City University does not attempt to regulate the lives or activities of students except to assure its ability to accomplish its educational mission and to protect the health, safety, and security of members of its community. 

  • Students and student organizations should be free to examine and discuss all questions of interest to them and to express opinions publicly and privately. They should always be free to support, by orderly means, causes that do not disrupt the regular and essential operations of the University.  

  • Students have the right to affiliate with student organizations and engage in activities, provided those activities adhere to normal University policies and do not jeopardize the health, safety, or welfare of members of the University community. 

  • It is the responsibility of all students at the University to adhere to the letter and spirit of duly enacted University policies, rules, and regulations. Students who violate said policies, rules, and regulations are likely to face disciplinary action. 

  • The University shall attempt to handle disciplinary matters in an expeditious manner. 

  • The University will guarantee procedural fairness in all its disciplinary actions. 

Institutional Authority to Ensure Fulfillment of the University's Mission

The authority to discipline students for violation of university policies, rules, and regulations are assigned by the President of the University to the Vice President of Student Affairs for implementation by the Vice President or by his/her designee. 

For all reports, including cases of Dating, Relationship, or Sexual Misconduct a student who makes a report to following offices will have confidentiality: the NJCU Counseling Center, the NJCU Health Center, the Speicher-Rubin Women's Center for Equity and Diversity, and/or any professional religious leader/clergy. https://www.njcu.edu/directories/offices-centers/student-affairs-and-enrollment-management/dean-students/title-ix-resources 

 New Jersey City University is committed to the principles of due process and adheres to fair and reasonable procedural standards that are equitably applied in the adjudication of student discipline cases. Accordingly, the University affords the following rights to all students: 

  1. To be presumed not responsible of the charges until proven responsible by a preponderance (51%) of evidence. In instances where the safety and welfare of a student has been determined as a concern, a representative from the Office of the Dean of Students may contact a parent or legal guardian, as per FERPA provisions.

  1. To have the discipline matter at hand decided by an impartial conduct officer or hearing board, excluding any person who has a conflict of interest in the proceeding at hand. 

  1. Documents related to the incident will be read to the student, verbatim by the conduct officer, during the scheduled Conduct Conference Meeting and/or Judicial Hearing Board hearing. Students have the option to request copies of documents regarding any charges. All documents will be redacted to remove information that is confidential under the New Jersey Open Public Records Act and the Family Educational Right to Privacy Act. Copies of University documents will be available in the Office of the Dean of Students for two weeks for review. Students must contact the Jersey City police department directly to obtain police records. Students may request to review hearing recordings.  

  1. Access to advice by an individual of their choosing including an attorney or University Advisor. Such advisors may not speak at a hearing on behalf of the student charged or appear in lieu of the student. Additionally, all University Advisors or attorneys are limited to advising accused students or alleged victims to answer or not answer a question only. However, counsel or advisers may assist a student prior to any conduct process and may assist the student afterwards, as well with any applicable appeal. A student who wishes to have an attorney as an advisor present at a hearing must inform the Office of the Dean of Students, in writing, by electronic mail at least two business days prior to a hearing. If the respondent informs the University that an attorney will be present at the hearing, the complainant may be represented by an attorney of their choosing and legal counsel for the University may also be present. University Advisors may attend either Judicial Hearing Board hearings or Administrative Hearings, however, legal counsel would be limited to only attending Judicial Hearing Board hearings. In cases involving Dating, Relationship, or Sexual Misconduct or Violence charges, legal counsel or an advisor is allowed at any proceeding. It is the responsibility of the student to make sure their University Advisor/Legal Counsel is present. Specific availability for either University Advisor or Legal Counsel will not be sufficient grounds for postponing the conduct process. In cases involving Title IX violations, please refer to the Sexual and Gender-based Misconduct Policy Governing Students for guidelines on advisors and representation.  

  1. The complainant and respondent will be given the opportunity to testify, to present witnesses, and to present to the Judicial Hearing Board written questions for the University representative presenting the charges to review and approve for any participants. Time limits for presentations, questions, etc. may be imposed during the process. The complainant and respondent may remain silent in a university proceeding. Such decision will not be used against the complainant and respondent, but a violation of the Student Code may be found based upon the other information presented. The complainant may be called as a witness by the University representative presenting the charges. 

  1. In all cases, the Judicial Hearing Board will not consider statements against the complainant and respondent until they have been advised of their content and the names of those who made them. The complainant and respondent have the right to rebut such statements. 

  1. A list of all witnesses that the complainant and respondent wish to testify at the hearing must be submitted in writing to the Office of the Dean of Students at least two business days prior to the hearing. The complainant and respondent are responsible for the attendance of witnesses at the hearing. Witnesses are considered individuals who have direct knowledge of the incidents or charges under investigation. Character witnesses will not be permitted. 

  1. The Code of Conduct identifies the process for hearings. The University may vary procedures upon determining that changes to law or regulation require modification and ensure that due process is provided to all parties. Any question of interpretation or application of the University's Code of Conduct will be referred to the Office of the Dean of Students for final determination. Further, in accordance with existing statutes, especially the NJ. Open Records Act, student disciplinary records are confidential records. The Student Right-to-Know and Campus Security Act (Clery Act), the NJ. Campus Sexual Assault Victim's Bill of Rights, and/or 34 CFR 668.47(a) (12) (vi) do permit the disclosure of campus conduct findings and any resulting appeals to victims of "sex offenses" (including non-forcible ones) or "crimes of violence." New legislation or conduct interpretation may result in changes to privacy and disclosure regulations. If such changes occur over the course of the academic year, students who are currently involved in the discipline process will be so advised in writing, as appropriate and necessary. 

  1. Students may be accountable to both external authorities and to the University for acts that constitute violations of law and this Code. University Conduct proceedings will continue normally regardless of pending administrative, civil, or criminal proceedings arising out of the same or other events and will not be subject to challenge and/or appeal on the ground that criminal charges involving the same incident have been dismissed; reduced; or are pending. 

  1. The Judicial Hearing Board may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of the University Director of Student Conduct or designee to be appropriate. 

  1. In cases involving Sexual Harassment/Assault, please refer to the supplemental complaint procedures, including the specific appeal process, outlined at https://www.njcu.edu/directories/offices-centers/student-affairs-and-enrollment-management/dean-students/title-ix-resources. The University will disclose to alleged victims of violent crimes, and sex offenses, or to the next of kin if they have died, the final results of any disciplinary proceedings against alleged student perpetrators of such crimes. 

  1. The respondent or complainant's withdrawal from the University does not terminate the disciplinary proceeding except when the University representative determines that it is appropriate under the circumstances for campus security, and reaches a resolution with the respondent, which includes withdrawal of the disciplinary charges. Any student(s) who withdraws from the University to circumvent the conduct process will still be held accountable to established policies if the alleged student is found responsible based on process guidelines. In incidents such as this, the student would be subject to forfeiture of any tuition, fees, etc., depending on the outcome of the process. 

  1. All Administrative and Judicial Hearing Board hearing proceedings will be audio and/or video recorded. These recordings are only for the purpose of helping the members of the Judicial Hearing Board in their deliberations, or by an appeal officer(s) if an appeal is filed. They are considered property of the University. 

  1. Where more than one student is charged with an offense arising from a single occurrence or from connected occurrences, a single hearing may be held for all students so charged. In said cases, separate determinations of responsibility will be made for each responding student. 

  1. Students who have multiple reported incidents may receive a cumulative outcome response regarding the incidents, but any outcome will note the individual charges outcome, respectively. 

  1. The University may provide students amnesty regarding alcohol and/or other drugs related incidents when the student meets the standard of the Medical Amnesty Policy or in cases arising out of victims of sexual assault/harassment so that they do seek assistance. While the university maintains records of medical amnesty, it may not be reported to third parties in connection with the student's academic record. Any documentation that a student may wish to have presented to the Judicial Hearing Board must be provided two business days in advance of the scheduled hearing to the Office of the Dean of Students. 

  1. The University reserves the right to administer the conduct process via video conference. When a video conference is utilized, all normal policy and procedures are expected to be followed. However, in such instances, the entire process, including the hearing, will be recorded. 

  1. In cases involving Title IX accusations, a final report will be issued summarizing the relevant exculpatory and inculpatory evidence, and findings of credibility will be noted. 

  1. Disciplinary records will be maintained by the University for seven (7) years from the time of their creation. 

  1. Respondent students may receive one of four findings: 1) finding of "responsible"; 2) finding of "not-responsible"; 3) finding of "reprimand notice" only or 4) finding of "charges dismissed". In cases that result in all charges being dismissed or found "not responsible", the student will not receive a sanction pursuant to Section IX below. 

New Jersey City University is committed to the advancement of learning and service to society. Its educational mission reflects a commitment to intellectual rigor, social justice, and an active engagement of contemporary issues. 

These principles challenge students to strive for excellence, to become men and women in service to others, to integrate curricular and co-curricular learning, to develop talents through discovery and reflection, and to be concerned for the welfare of each person. To achieve these ideals, all students are expected to contribute, through their words, actions, and commitments, to the development and sustenance of a community characterized by respect, caring, responsibility, and honesty. These characteristics are essential to ensure the rights and privileges of all students and to preserve the integrity of our educational community. 

Working together as a community, students, faculty, and administrators help foster an atmosphere that furthers the mission of the campus. Students are expected to adhere to the campus policies. This expectation calls for behavior that demonstrates the five principles of the Code of Conduct: respect for oneself, respect for others, respect for property, respect for authority, and honesty. Disciplinary action may be taken against students for violation of university policies, rules, and regulations including, but not limited to, those listed below: 

  1. Conduct unbecoming of a student – actions that result in the loss of respect for oneself, respect for others, respect for property, respect for authority, and honesty. 

  2. The possession, use, or sale of any controlled substance (or non-prescriptive drug or prescription not for the user) or drug paraphernalia in violation of federal, state, or municipal laws. 

  3. Violation of the University's Alcohol and Other Drugs Policy and any federal, state, or municipal laws associated with the possession and use of alcohol and/or drugs.

  4. Theft of University or personal property, removing or transferring University equipment or furniture from one location to another without official authorization, or possession of stolen property. 

  5. Any attempt to defraud the University or member of the University community. 

  6. Causing damage to university premises or property. 

  7. Misuse of, or tampering with, any electrical system, wiring, telephone service, fire safety equipment or other security devices, or the violation of university policy pertaining thereto. 

  8. Unauthorized entry into any University building or office. 

  9. Violation of published rules governing residence halls. 

  10. Possession or use of firearms or weapons of any kind or description. 

  11. Possession of fireworks or other combustible materials. 

  12. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct that threatens or endangers the health or safety of any person. 

  13. Disorderly conduct, which is behavior that annoys, alarms, or is disruptive of normal University business or activity. 

  14. Intentionally or recklessly interfering with normal University business or University sponsored activities, including, but not limited to, invited speakers, studying, teaching, research, University administration, or fire, police, or emergency services. 

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

  16. Intentionally furnishing false information to the University or to a university official verbally or in writing. 

  17. Forgery, alteration, or unauthorized use of any University documents or instruments of identification. 

  18. All forms of academic dishonesty, including cheating, fabrication, facilitating academic dishonesty such as purchasing or sale of research papers, and plagiarism. (Students charged with a violation of this section of the Code will be subject to the procedures outlined in the separate policy on Academic Integrity.) 

  19. Hazing, including organizing, engaging in, facilitating, or promoting any conduct that places or may place another person in danger of bodily harm or serious psychological distress. Hazing and aggravated hazing are crimes under the provisions of Title 2C of the State of New Jersey. Subsequent changes in those laws will be automatically included in this Code upon their adoption by the State Legislature. 

  20. Computer misuse, including but not limited to hardware theft or fraud, duplicating copy protected software, unauthorized access, subverting restrictions, and plagiarizing class programs. (Specific rules governing the use of computers and computer labs on campus are developed and distributed by Instruction Research and Technology. Violations of such rules will be construed as violations of this section of the Code of Conduct.) 

  21. Unwanted sexual interactions, including verbal and physical acts or threats. 

  22. Violations of local, state, or federal law on university property, or off campus when such violation has an adverse effect upon the University or upon individual members of the University community. 

  23. Any other action by a student or recognized student group on or off campus that, in the judgment of university officials, has an adverse effect on the University. 

  24. Violations of rules and regulations in the residence halls will be processed by the Department of Residence Life. However, violations that occur in the residence halls that could result in suspension or expulsion will be decided through the Vice President of Student Affairs. 

  25. Failure to comply with the proper directive(s) of a university official. Examples of this conduct include, but are not limited to, refusing to identify oneself, failing to submit immunization records to the Health and Wellness Center, failure to comply with emergency regulations imposed because of a public health crisis or natural disaster and failing to attend mandatory meetings or trainings. 

Students can be suspended from the University and/or University housing on an interim basis, if they are deemed to be a clear and present danger to either themselves or the University community by the Vice President of Student Affairs or designee. In such cases, a hearing will be scheduled within five business days to determine whether the interim suspension should be lifted or remain pending final adjudication. 

A student may be accountable to both civil authorities and the University for acts that violate the law and the Student Code of Conduct. Disciplinary action at the University will normally proceed during the pending criminal proceedings and will not be subject to challenge on the grounds that pending criminal charges involving the same incident have been postponed, dismissed, or reduced. The University reserves the right to reach its own determination on violations of this Code unaffected by the outcome of any civil or criminal proceedings. 

It has been recognized that due process in higher education disciplinary matters does not parallel the requirements of due process in a court of law. However, the University ensures that fundamental requirements of due process in all disciplinary matters will be implemented. These requirements are: 

  1. Written notification of charges and penalties within a reasonable period. 

  2. The opportunity either to have a hearing on the charges or waive the right to a hearing and accept the penalties to be imposed. 

  3. Written notification of the time, place, and date of hearing at least three (3) business days in advance. 

  4. The opportunity to present evidence and witnesses. 

  5. Written notification of findings and sanction or penalties imposed. 

  6. Written notification of an appeal process. 

Charges may be brought by any member of the University community or by the University itself. When charges are brought against a student for violation of university policies, rules, or regulations, the following procedures will be in effect: 

  1. Charges must be in writing and submitted to the Vice President of Student Affairs. Charges related to incidents that occur in residence halls must be submitted to the Office of Residence Life. All charges will be transmitted via Maxient, which is NJCU’s official conduct management system. 

  2. Any charge should be filed as soon as possible after an incident takes place, preferably within one week's time. 

  3. When the allegations of a given case are deemed serious, and/or may have a significant impact on the overall campus community, the Vice President of Student Affairs reserves the right to convene the University Hearing Board to address the issue. Cases that are serious enough to warrant suspension or expulsion are required to be heard by the University Hearing Board. 

  4. Alleged violations that are not deemed serious enough to warrant suspension or expulsion may be handled by the Vice President of Student Affair's designee. 

  1. Following the hearing process, and upon being found responsible for a conduct violation, the student has the right to appeal the decision made by the designee of the Vice President of Student Affairs. Such designees may include, but are not limited to, the Associate Dean of Student Conduct and/or the Director of Residence Life.
  2. The student must submit a typewritten appeal letter via email to the Vice President of Student Affairs within five (5) days of receiving the decision of responsibility. The grounds for appeal may only be for procedural error/violation of due process protections and/or new evidence that was not known to the University Hearing Board at the time of its deliberation. The Vice President of Student Affairs will review the appeal exclusively on these grounds. Failure to submit an appeal letter within that timeframe means that a student has waived the right to appeal.
  3. The Vice President of Student Affairs will review the student's appeal and will notify the student of the appeal's outcome in a timely fashion. This outcome will not be subject to further appeal, and the matter will be considered closed. 
  1. Upon receipt of serious charges to be brought before the University Hearing Board, the Vice President of Student Affairs or designee will direct, in writing, the student being charged to appear at a specified time and place to attend a prehearing investigation meeting. The student will receive written, detailed charges of alleged violations of the Code of Conduct. The student will also receive a copy of the evidence that will be used against him/her in a hearing. The student will have the opportunity to give additional information that may be presented to the University Hearing Board for review during the hearing. 

  2. After the meeting, the student will be sent written notification of the following information:

    1. the time and place of the hearing;

    2. specific charges against the student; c) the right to have witnesses;

    3. the right to have an advisor;

    4. the right to present evidence;

    5. the names of other who will be present at the hearing (if known);

    6. the name and title of the hearing officer;

    7. the name of the complainant; and

    8. a description of the hearing process. 

  3. The hearing conducted by the University Hearing Board will be closed except for those directly involved in the case. 

  4. Both the complainant and the accused have the right to be assisted by an advisor of their choice. An advisor may assist the accused student in the preparation of his/her defense and an advisor may help provide support to a complainant. However, the advisor is neither permitted to question witnesses nor directly participate in the hearing. 

  5. An audio and/or videotaped record of the hearing is made and kept by the the Vice President of Student Affairs. All conversations of the University Hearing Board are confidential. 

  6. The University Hearing Board will consist of a non‐voting Hearing officer and five (5) voting Board members. 

  7. The University Hearing Board process is printed under a separate cover and provided to all people involved in a hearing. 

The University Hearing Board's determination shall be based on the preponderance of evidence in the case. The question before the hearing board will be whether it is more likely than not that the accused student violated the Code of Conduct. The University Hearing Board will make the final determination of whether a student is held responsible or not responsible for violating the Code of Conduct. The Vice President of Student Affairs, acting on behalf of the University Hearing Board, shall inform the accused student of the outcome of the hearing, the sanction(s) imposed by the University Hearing Board, and the appeal process. The Vice President of Student Affairs serves as the appellate arm of the University judicial process. 

The Appeal Process: The appeal process can only be implemented in cases where the outcome has resulted in Suspension or Expulsion. The accused student has five (5) business days from the date he or she was informed of the University Hearing Board's decision to file a written appeal to the Vice President of Student Affairs. The grounds for appeal may only be for procedural error/violation of due process protections and/or new evidence that was not known to the University Hearing Board at the time of its deliberation. The Vice President of Student Affairs will review the appeal exclusively on these grounds. 

Factors to be considered in deciding sanctions will include, but will not be limited to the following criteria: (1) present demeanor and past disciplinary record of the student, (2) the nature of the offense(s), (3) severity of any damage, injury, or harm resulting from it as perceived by the victim and/or appropriate University officials, (4) University precedent for similar violations, (5) mitigating or aggravating factors identified by student and/or witnesses. The (ab)use of alcohol and/or illegal substances will be considered an aggravating rather than a mitigating factor. Violations of the Code of Student Conduct that can be proven to have been motivated by illegal bias will result in the imposition of more severe sanctions. Victims may submit written statements to the Vice President of Student Affairs detailing the effect the offense has had upon them and their ability to function as students. Repeated or aggravated violations of any provisions of this Code may result in expulsion, suspension, or in the imposition of such lesser penalties as may be appropriate. 

The following sanctions may be imposed for violations of the Code of Conduct. All will result in written notifications being placed in the student's disciplinary file, either in the Office of the Dean of Students or in the Office of Residence Life. 

  1. Official Warning: The student receives notification from the Vice President of Student Affairs or designee, indicating that a violation of the Code of Conduct has occurred and warning that subsequent violation may be treated more seriously. 

  2. Campus Life Probation: A defined period whereby any registered student is given an opportunity to modify his or her behavior or risk more severe sanctions. Any subsequent violation of the Code of Conduct, while on Campus Life Probation, will result in further disciplinary action. 

  3. Disciplinary Probation: A student on disciplinary probation is no longer in good standing with the University. He or she cannot be a member of recognized student organizations, serve as a representative of the University, or participate in intramural, club, or intercollegiate sports for a period. (The minimum time is one semester. The maximum time is three semesters.) Any violation of the Code of Conduct by the student during the time he/she is on disciplinary probation could result in suspension from the University. 

  4. Restitution: The student is required to make payment to the University or to other persons, groups, or organizations for damages incurred because of violations of the Code of Conduct. This sanction may be imposed separately or in conjunction with other sanctions. 

  5. Residence Life Probation: A defined period whereby any resident student is given an opportunity to modify his or her behavior or risk removal from housing. Any subsequent violation of the Code of Conduct, while on Residence Life Probation, may result in temporary or permanent loss of housing privileges. 

  6. Other Sanctions: Other sanctions may be imposed in addition to, or instead of the sanctions. For example, students may have residence hall privileges limited or revoked. Work or research projects may be assigned, or letters of apology may be required. Students may have community service projects or educational workshops assigned. (There is no refund of tuition and fees if withdrawal from courses and/or campus residence is affected because of violations of the Code of Conduct.)

  7. Suspension: The student may not be a registered student, be present on campus, or attend University sponsored events for any reason while he or she is suspended from the University. The minimum length of a suspension is one semester. 

  8. Expulsion: The student may not ever again be a registered student, be present on campus, or attend University sponsored events. Note: Violation of University policies or state or federal law while on campus may result in revocation of privileges concerning the use of campus facilities. 

Note: Violation of University policies or state or federal law while on campus may result in revocation of privileges concerning the use of campus facilities. 

Factors to be considered in deciding sanctions shall include present demeanor and past disciplinary record of the student, the nature of the offense, and severity of any damage, injury, or harm resulting from it as perceived by the victim and/or appropriate University officials. The (ab)use of alcohol shall be considered an aggravating rather than a mitigating factor. Victims may submit written statements detailing the effect the offense has had upon them and their ability to function as students. 

The University reserves the right to enhance the sanction for any offense that is determined to be motivated by bias or animosity related to race, gender, national origin, creed, religion, or sexual preference. 

Repeated or aggravated violations of any provisions of this Code may result in expulsion or suspension or the imposition of such lesser penalties as may be appropriate. 

Sanctions for group or organizations misconduct may include revocation, denial, recognition, or registration as well as other appropriate sanctions, pursuant to sections of this Code. 

Students may be accountable to both civil authorities and to the University for acts which violate the law and the Student Code of Conduct. Disciplinary action at the University will normally proceed during the pendency of criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced. The University reserves the right to reach its own determination on violations of this Code unaffected by the outcome of any civil or criminal proceedings. 

Modification of the Code of Conduct

The Code of Conduct may be amended from time to time. If a change is made, students will be notified through a variety of methods of communication, including email and website updates. At all times, the electronic version of this policy will be considered the most current version and will include the date it was updated. 

New Jersey City University is grateful to Montclair State University for granting permission to use MSU’s language in creating this policy.