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Frequently Asked Questions

Questions from Respondents

I received a letter requesting a preliminary review. What does this mean?
Do I have to go to the preliminary review?
What happens at the preliminary review?
What happens if I accept responsibility?
What happens if I deny responsibility?
What's a Disciplinary Conference?
What's a University Hearing?
What do separable and non-separable mean?
What happens if I'm found not responsible?
What happens if I'm found responsible?
Can I appeal if I'm found responsible?
What if I don't go to the hearing?
What are my rights?
Do I need a lawyer?
Will my parents find out?
Am I going to be expelled?
What happens if I'm charged with a Code violation that's also a criminal or civil offense?
Will the disciplinary proceedings appear on my transcript?

Questions from Complainants

How do I file a complaint?
What happens after I file a complaint?
What do I have to do as a complainant?
I filed a complaint, but I don't want to act as the complainant in the judicial process. What will happen?
What happens to the accused student if s/he is found responsible?
What are my rights?
Where can I go for help if I'm the victim of a crime?

Questions from Respondents

Q. I received a letter requesting a preliminary review. What does this mean?

A. This means that a member of the Rutgers community (known as the complainant) has filed a complaint against you, alleging that you have violated the University Code of Student Conduct. The preliminary review is your opportunity to meet with a judicial officer to discuss the complaint.

Q. Do I have to go to the preliminary review?

A. It is certainly in your best interest to be present at the preliminary review. This is your opportunity to hear the complaint against you and offer your side of the story, if you choose. You are not obligated to speak at the preliminary review.

Ignoring the request will NOT make the problem go away. If you do not attend the preliminary review, the judicial process will continue with or without your input.

Q. What happens at the preliminary review?

A. The judicial officer advises you of your rights and University procedures. This also is an opportunity to consider the evidence on both sides of the case and determine whether there is sufficient information to charge you with a violation. If you are charged, you will have the opportunity to deny or accept responsibility for the alleged violation.

Q. What happens if I accept responsibility?

A.The judicial officer will decide on an appropriate sanction. If that sanction is suspension or expulsion, the sanction must be finalized by the Vice President for Student Affairs.

Q. What happens if I deny responsibility?

A. Either a Disciplinary Conference or a University Hearing will take place.

Q. What's a Disciplinary Conference?

A. The Disciplinary Conference is a review of the evidence similar to a hearing. However, the Disciplinary Conference is conducted solely by a judicial officer and is less formal than a hearing. A Disciplinary Conference takes place only if you, the respondent, request it, and the complainant must agree to the conference (for separable offenses).

Q. What's a University Hearing?

A. A University Hearing is a review of the evidence conducted by a panel of three students and two faculty members. A step-by-step explanation of the University Hearing process is available at The Judicial Process. University Hearings are held only in cases where the alleged offense is separable.

Q. What do separable and non-separable mean?

A. If you are found responsible for a separable offense, you may be suspended or expelled. Non-separable offenses are those that do not carry a sanction of suspension or expulsion. For a list of Code violations, see University Code of Student Conduct: Prohibited Conduct.

Q. What happens if I'm found not responsible?

A. The judicial process is concluded and your disciplinary record is closed.

Q. What happens if I'm found responsible?

A. A sanction will be imposed. A list of possible sanctions is available at University Code of Student Conduct: Sanctions.

Q. Can I appeal if I'm found responsible?

A. If you are found responsible at a Disciplinary Conference or University Hearing, there is a three-step appeal process. This is explained in The Judicial Process.

Q. What if I don't go to the hearing?

A. It is not a good idea to avoid your hearing. Even if you don't attend, the hearing will proceed, and important decisions about your future may be made without your input. Ignoring the hearing will NOT make the issue disappear.

Q. What are my rights?

A. You have the right to remain silent or to discuss your side of the issue. If you choose to remain silent, this cannot be considered evidence of guilt. If you choose to discuss your case with the judicial officer at the preliminary review, this may be used as evidence at a hearing.

You have the right to an assumption of innocence.

You have the right to a campus advisor. The campus advisor is a member of the Rutgers community who can assist you with the judicial process. Student Judicial Affairs maintains a list of advisors who have been trained in the judicial process. You may choose an advisor from this list, or you may choose any member of the Rutgers community. For lists of campus advisors on each campus, see:

List of New Brunswick Campus Advisors
List of Newark Campus Advisors
List of Camden Campus Advisors

If you choose to do so, you have the right to retain an attorney at your own initiation and expense. Your attorney can advise you, but s/he cannot speak for you at any phase of the judicial process.

You have the right to be treated with respect during the judicial process.

You have the right to make decisions regarding the judicial process without duress, threats, or coercion.

These rights are not all-inclusive; consult the University Code of Student Conduct for more details.

Q. Do I need a lawyer?

A. Conferences and hearings at the University do not follow the same criminal or civil procedures used in a court of law. Most disciplinary cases can be resolved without lawyers. You may have a lawyer if you choose, but a lawyer is not required.

If you are charged with a violation of the Code of Student Conduct that is also a criminal offense, you may find it helpful to seek the services of an attorney. However, your attorney cannot speak for you in a University proceeding; s/he can only advise you.

Q. Will my parents find out?

A. Disciplinary proceedings are considered part of your educational record and cannot be disclosed without your consent. Your parents will know only as much as you choose to reveal.

If you would like your parents, your attorney, or some other party to have access to information about the disciplinary case, you must sign a release. You can download a release form here.

Q. Am I going to be expelled?

A. Not necessarily. It depends on whether the violation is separable or non-separable and on the circumstances of your particular case. If you are responsible for a non-separable offense, your sanction will be less severe than suspension or expulsion. If you are responsible for a separable offense, you may be subject to suspension or expulsion, depending on such factors as the severity of the violation, mitigating circumstances, and your prior disciplinary record. For a list of offenses and potential sanctions, see University Code of Student Conduct: Prohibited Conduct and University Code of Student Conduct: Sanctions.

Q. What happens if I'm charged with a Code violation that's also a criminal or civil offense?

A. The University disciplinary system is entirely separate from the criminal and civil justice system. University proceedings may occur before or even during the resolution of a criminal or civil case without subjecting the respondent to double jeopardy.

Q. Will the disciplinary proceedings appear on my transcript?

A. While a disciplinary proceeding is pending, there may be a hold on your transcript. This means that you will not be able to request copies of your transcript until the matter has been resolved.

If you are found not responsible, the hold on your transcript will be removed and no record of the proceeding will be noted.

If you are found responsible, the hold on your transcript will be removed once the final sanction has been issued. The sanction will be noted on your transcript; the duration of the notation depends on the sanction. For more information on notations and sanctions, see The University Code of Student Conduct: Transcript Notations.

Questions from Complainants

Q. How do I file a complaint?

A. You can report a violation of the Code of Student Conduct to the Office Student Judicial Affairs, or to the designated judicial officer on the respondent's campus, or fill out the online form. For lists of judicial officers on each campus, see:

List of New Brunswick Judicial Officers
List of Newark Judicial Officers
List of Camden Judicial Officers

If you are unable to determine the judicial officer for the respondent's campus, contact Student Judicial Affairs.

Q. What happens after I file a complaint?

A. The judicial officer on the accused student's campus will conduct a preliminary review. S/he examines the evidence on both sides of the case and determines whether to charge the student with a violation. If the student is charged, there are several options for resolving the matter. See The Judicial Process for an explanation of the next stages.

Q. What do I have to do as a complainant?

A. You will explain your side of the case to the judicial officer conducting the Preliminary Review and provide any evidence that supports your complaint. If the case proceeds to a hearing, you will present your side of the case to the panel. You will introduce your evidence and witnesses and question any witnesses introduced by the other side.

Q. I filed a complaint, but I don't want to act as the complainant in the judicial process. What will happen?

A. If the judicial officer believes that it is in the best interest of the University community to proceed, another member of the community will be appointed to act as the complainant.

Q. What happens to the accused student if s/he is found responsible?

A. The sanction imposed depends upon the violation, the severity of the violation, and the circumstances of the particular case. A list of possible sanctions is available at University Code of Student Conduct: Sanctions.

Q. What are my rights?

A. You have the right to a campus advisor. The campus advisor is a member of the Rutgers community who can assist you with the judicial process. Student Judicial Affairs maintains a list of advisors who have been trained in the judicial process. You may choose an advisor from this list, or you may choose any member of the Rutgers community. For lists of campus advisors on each campus, see:

List of New Brunswick Campus Advisors
List of Newark Campus Advisors
List of Camden Campus Advisors

If you choose to do so, you have the right to retain an attorney at your own initiation and expense. Your attorney can advise you, but s/he cannot speak for you at any phase of the judicial process.

You have the right to be treated with respect during the judicial process.

You have the right to make decisions regarding the judicial process without duress, threats, or coercion.

These rights are not all-inclusive; consult the University Code of Student Conduct for more details.

Q. Where can I go for help if I'm the victim of a crime?

A. There are several resources at Rutgers that may be helpful to you. Please be aware that you do not have to file a formal complaint in order to discuss your situation with a staff member.

Rutgers University Police Department - New Brunswick: 732-932-7211

Rutgers University Police Department - Newark: 973-353-5581

Rutgers University Police Department - Camden: 856-225-6009

Sexual Assault Services and Crime Victim Assistance: 732-932-1181

Rutgers University Health Services - New Brunswick: 732-932-7402

Rutgers University Health Services - Newark: 973-353-5231

Rutgers University Health Services - Camden: 856-225-6005

Rutgers New Brunswick Counseling Centers:

Newark Health Center Psychological Services: 973-353-5805

Camden Health Center Psychological Services: 856-225-6005