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Contents
Preamble
Authority for Student Discipline
Rationale
Definitions
Interpretation of Regulations
Inherent Authority
Violations of Law and Disciplinary Regulations
Interim Suspension
Standards of Classroom Behavior
Prohibited Conduct
Sanctions
Standards of Due Process
Complaints and Preliminary Review
University Hearing Board Procedures
Determination of Sanctions
Disciplinary Conferences
Attorneys and Advisors
Appeal Procedures
Disciplinary Files and Records
Transcript Notations
Committee on Student Conduct
Appeals Committee
Notes
This version of the University Code of Student Conduct includes all the changes approved by the Committee on Student Conduct to update the Code to comply with the University reorganization approved in 2006 to be effective July 1, 2007.
A university in a free society must
be devoted to the pursuit of truth and knowledge through reason and open
communication among its members. Its rules should be conceived for the
purpose of furthering and protecting the rights of all members of the
University community in achieving these ends.
All members of the Rutgers University community are expected to behave
in an ethical and moral fashion, respecting the human dignity of all members
of the community and resisting behavior that may cause danger or harm
to others through violence, theft, or bigotry. All members of the Rutgers
University community are expected to adhere to the civil and criminal
laws of the local community, state, and nation, and to regulations promulgated
by the University. All members of the Rutgers University community are
expected to observe established standards of scholarship and academic
freedom by respecting the intellectual property of others and by honoring
the right of all students to pursue their education in an environment
free from harassment and intimidation.
This document and the accompanying annotations1
describe the University's Code of Student Conduct. It specifies prohibited
types of behavior, the sanctions that can be applied, and the jurisdiction,
structure, and operation of the University system for adjudicating student
disciplinary cases. It supersedes those documents pertaining to student
disciplinary hearing procedures, in conflict herewith, currently in force
in any division of the University. It is the responsibility of all University
students to familiarize themselves with these regulations.
AUTHORITY FOR STUDENT DISCIPLINE
1. Ultimate authority for student discipline is vested in the Board of Governors of Rutgers, The State University of New Jersey. Disciplinary authority may be delegated to University administrators, faculty members, students, committees, and organizations, as set forth in this Code, or in other appropriate policies, rules, or regulations adopted by the Board.
2. The primary purpose for the imposition of discipline in the University setting should be to foster the personal, educational, and social development of those students who are held accountable for violations of University regulations, to ensure the orderly functioning of the University, and to protect the University community and its integrity.
3. When used in this Code:
(a) the term "college" means any academic division of the University.
(b) the term "regional campus" means any of the three major geographic divisions of the University, i.e., Camden, Newark or New Brunswick/ Piscataway.
(c) the term "Vice President for Student Affairs" means that official or that individual(s) to whom the Vice President has assigned any one or more of his or her responsibilities under this document.
(d) the term "Provost" means that official on the Newark or Camden Campus, or the individual(s) to whom the Provost has assigned any one or more of his or her responsibilities under this document.
On the New Brunswick Campus, the term "Provost" means the Executive Vice President for Academic Affairs or the individual(s) to whom the Executive Vice President for Academic Affairs has assigned any one or more of his or her responsibilities under this document.
(e) the term "Senior Dean of Students" shall mean that official or the person(s) at that campus designated to have the responsibilities assigned to the Senior Dean of Students by this document.
(f) the term "Dean of Students" shall mean that official or the person(s) at that campus designated to have the responsibilities assigned to the Dean of Students by this document.
(g) the "Director of Student Judicial Affairs" means that official or other such title to whom that responsibility has been assigned or that individual to whom the Director has assigned one or more of his or her responsibilities under this document.
(h) the term "Judicial Officer" shall mean that official or the person designated to have the responsibilities assigned to the Judicial Officer by this document.
(i) the term "respondent" means any student who has been accused of an act prohibited under this Code.
(j) the term "complainant" means any member of the University community who has elected to serve as the complaining party in Hearings or Conferences conducted under
this Code.
(k) the term "victim" means a member of the University community who alleges that she or he has suffered personal harm or injury as a result of an alleged violation(s) of part 10 of this Code.
(l) the term "Campus Adviser" means a member of the University community who has been selected by a respondent or by a complainant to assist him or her in Hearings or Conferences conducted under this Code.
(m) the term "attorney" means a person who holds a J.D., LL.B. or LL.M. degree from an accredited college or university, who has passed a bar exam, and is not a member of the University community, as defined in Part 3 (s) of this Code.
(n) the term "working day" means any day, except Saturday and Sunday, which is not listed as a University holiday on the University Calendar. Days when class is not in session, but which are not University holidays, are "working days."
(o) the term "notice sent to a student" means a notice delivered to the student or his or her residence by any reasonable means. Such means may include e-mail, hand delivery or first class mail to a student's most recent local address as it appears in the Registrar's records, or to the student's current home address as it appears in the Registrar's records.
(p) the terms "institution" and "University" mean Rutgers, The State University of New Jersey and all of its undergraduate, graduate and professional schools and colleges, divisions, and programs.
(q) the term "student" means any person for whom the University maintains educational records, as defined by the Family Educational Rights and Privacy Act of 1974 and related regulations, and who has not yet been awarded his or her degree from the University.2
(r) the term "faculty" means any person who holds a current academic appointment within the University.
(s) the term "administration or staff" means any person who currently holds a non-faculty appointment within the University. This does not include faculty who serve as department chairs.
(t) the term "member of the University community" means any student, faculty, administration or staff member at the University.
(u) the term "University premises," for purposes of this Code, means buildings or grounds owned, leased, operated, controlled or supervised by the University.
(v) the term "University sponsored activity" means any academic, co-curricular, extra-curricular or other activity on or off campus, which is initiated, aided, authorized or supervised by the University.
(w) the term "weapon" means any object or substance designed or which may be utilized to inflict a wound, cause injury, or incapacitate. A harmless instrument designed to look like a firearm, explosive or weapon that is used by a person to cause reasonable apprehension of harm, or to assault another person, is expressly included within the meaning of weapon.
(x) the term "aggravated violation" means a violation which resulted or foreseeably could have resulted in significant damage to persons or property or which otherwise posed a substantial threat to the stability and continuance of University activities or University sponsored activities.
(y) the term "distribution" means any form of sale, exchange or transfer.
(z) the term "reckless" means conduct which one should reasonably be expected to know would create a substantial risk of harm to persons or property or which would otherwise be likely to result in substantial interference with University activities or University sponsored activities.
(aa) the term "shall" is used in the imperative sense.
4. . Disciplinary regulations at the University are set forth in writing in order to give students general notice of prohibited conduct. This Code is not written with the specificity of a criminal statute and is not designed to define misconduct in exhaustive terms.3
5. The University reserves the right to take necessary and appropriate action to protect the safety and well being of the campus community. Such action may include taking disciplinary action against those students whose behavior off University premises indicates that they pose a substantial danger to others in the University community.4
VIOLATIONS OF LAW AND DISCIPLINARY REGULATIONS
6. Students may be accountable to both external authorities and to the University for acts which constitute violations of law and this Code. Action at the University will normally proceed during the pendency of administrative, civil or criminal proceedings arising out of the same or other events, and shall not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced, or are pending.5
7. The Senior Dean of Students may suspend a student from the University for an interim period pending disciplinary or criminal proceedings. The interim suspension shall become immediately effective without prior notice whenever the Senior Dean of Students determines there is a reasonable basis to conclude that the continued presence of the student at the University poses a substantial and immediate threat to himself/herself, to others, or to property. For students on the Newark and Camden campuses, the responsibilities of the Senior Dean of Students under this section shall be carried out by the Provost or designee.
8. A student suspended on an interim basis shall be given an opportunity to appear personally before the Vice President for Student Affairs or a designee within two working days in order to discuss the following issues only:
(a) the reliability of the information concerning the student's alleged misconduct, including the matter of his or her identity.
(b) whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses a substantial and immediate threat to himself/herself, to others, or to property.
The Vice President may affirm or alter the decision to suspend on an interim basis based on such discussion. If the decision is affirmed, it shall be the responsibility of the Vice President for Student Affairs to notify the student in writing of the basis for this decision and to see that a University Hearing, as described in Parts 23 - 46, proceeds as expeditiously as possible. Any student placed on interim suspension will be given an opportunity to appear at a formal Hearing within ten working days of being placed on suspension6 or as soon as practical after the respondent is prepared to participate in a Hearing. If the University fails to provide the respondent such an opportunity, the interim suspension shall cease although the original charges shall not be dropped.
STANDARDS OF CLASSROOM BEHAVIOR
9. The primary responsibility for managing the classroom environment rests with the faculty. Students who engage in any prohibited or unlawful behavior that results in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period. Longer suspensions from a class, or dismissal on disciplinary grounds, must be preceded by a Hearing or Disciplinary Conference, as set forth in Parts 23 - 46 or 49 - 52 of this Code, or in accordance with Parts 7 - 8.7
10. Students who engage in the following conduct on University premises, or at University sponsored activities, or at activities involving University recognized organizations may be subject to disciplinary action. Although violations of standards (a) through (t) may result in either expulsion or suspension from the University, lesser sanctions will be considered whenever appropriate. Violations of standards (u) through (y) may not, standing alone, result in expulsion or suspension from the University, except as specified in Part 11 of this Code.
Separable Offenses
(a) violations of academic integrity.8
(b) forgery, unauthorized alteration or unauthorized use of any University documents or records, or any instrument or form of identification.
(c) intentionally furnishing false information to the University.
(d) intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency.
(e) use of force against any person or property or the threat of such force.
(f) sexual assault or nonconsensual sexual contact.
(g) hazing.9(h) violation of the University's Student Life Policy Against Verbal Assault, Defamation and Harassment.10
(i) unauthorized entry into, unauthorized use of, or misuse of University property, including computers and data and voice communication networks.11
(j) intentionally or recklessly endangering the welfare of any individual.
(k) intentionally or recklessly interfering with any University activity.12
(l) intentionally or recklessly interfering with any University sponsored activity.12
(m) 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.13
(n) 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.14
(o) 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 shall be regarded as damage under this section of the Code.
(p) 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.(q) violations of federal, state or local law where such violations have an adverse effect on the educational mission of the University.
(r) failure to comply with the lawful directions of University officials, including campus police officers, acting in performance of their duties.
(s) 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.15(t) stalking.16
Non-Separable Offenses
(u) disorderly conduct on University premises or at University sponsored activities.
(v) obstruction of the free flow of pedestrian or vehicular traffic on University premises or adjacent to University premises, or at University sponsored activities.
(w) violations of other published University regulations or policies. Such regulations or policies may include regulations governing the residence hall lease agreement and accompanying regulations, as well as those regulations relating to the use of amplifying equipment, parking office rules and regulations, and regulations governing student organizations.
(x) illegal use or possession of alcohol or any controlled substance or illegal drug.
(y) the willful failure or refusal to testify as a witness at a University Disciplinary Hearing or Disciplinary Conference.17
11. Repeated convictions for violations of established University
rules and regulations regardless of the seriousness of the individual
offense involved, or any aggravated violation, may result in either expulsion
or suspension from the University.
12. Attempts to commit acts prohibited by this Code or assisting others
to commit acts prohibited by this Code shall be treated in the same manner
as completed violations and subject to the same sanctions.
13. Sanctions for violations of disciplinary regulations consist of:18
(a) Warning: Notice, orally or in writing, that continuation or repetition of prohibited conduct may be cause for additional disciplinary action. Notice of this action may appear on the student's academic transcript for up to one year.
(b) Disciplinary Probation: A student who is placed on disciplinary probation may continue to participate in student activities but shall be ineligible to represent the university in any official function or leadership position, including but not limited to: varsity athletics, student leadership position, cheerleader, standing committee chairperson, university senator, officer of a student government association, or an elected office in any registered student organization. After at least one semester free of behavioral violations, the student may petition the senior student affairs officer for the campus, or designee, for the restriction on participation to be removed as a condition of the probation.(c) Restitution: Repayment to the University or to an affected party for damages resulting from a violation of this Code.
(d) Suspension: Exclusion from University premises, and other privileges or activities, as set forth in the suspension notice. Suspension is of two types, term and/or conditional. A term suspension shall be for a stipulated period of time after which the student may return to the University community at the commencement of a regular period of study for which he or she is eligible. A conditional separation shall condition re-entry of the student into the University community upon fulfillment of specified requirements. The suspension shall continue until the Director of Student Judicial Affairs determines that the conditions have been satisfied. While on term or conditional suspension, a student shall not be permitted to earn credits at any other institution for the purpose of transferring those credits and making progress towards a Rutgers degree. Notice of the suspension shall appear on the student's academic transcript for the term of the suspension and may appear on the student's academic transcript for up to five years.
(e) Expulsion: Permanent termination of student status, and exclusion from University premises, privileges and activities. This action shall be permanently recorded on the student's academic transcript.
(f) Other Sanctions: Other sanctions may be imposed instead of, or in addition to, those specified in sections (a) through (e) of this part. For example, students may be subject to removal from University housing for disciplinary violations. Likewise, students may be subject to restrictions upon or denials of University parking privileges for violations involving the use of registration of motor vehicles on campus and the loss of privileges for access to University computers or networks. Service or research projects may also be assigned and the student may be required to attend a specified University class or workshop at his or her own expense. For violations of academic integrity, appropriate academic penalties may also be applied.
STANDARDS
OF DUE PROCESS
14. Students subject to expulsion or suspension shall
have the right to a University Hearing as specified in Parts 23 - 46 of
this Code. Students subject to less severe sanctions will be entitled
to a Disciplinary Conference as set forth in Parts 49 - 52. Instead of
a University Hearing, a student may request to have his or her case referred
to a Disciplinary Conference, as set forth in Part 22.
15. The focus of inquiry in disciplinary proceedings shall be to determine
whether a student(s) has violated the University Code of Student Conduct.
Formal rules of evidence shall not be applicable. Deviations from prescribed
procedures shall not invalidate a decision or proceeding unless, in the
opinion of the Hearing Officer, significant prejudice to a student respondent
resulted from the deviation.
COMPLAINTS AND PRELIMINARY REVIEW
16. Any individual may report a student suspected of violating this Code to the Director of Student Judicial Affairs. However, individuals who are not members of the University community may not serve as the complainant in any proceedings conducted under this Code.20
17. If the individual initiating the complaint is a member of the University community, including members of the University police, he or she will normally be expected to serve as the complainant and to present relevant evidence in Disciplinary Conferences or Hearings that may result from his/her complaint. The complainant may request the assistance of a Campus Adviser, as set forth in Parts 54-55 of this Code. On occasion a Dean of Students may serve as the complainant; however, that Dean may not conduct the Preliminary Review.21
18. In all disciplinary matters, except in cases of Interim Suspension as specified in Part 7, there shall be a Preliminary Review of information and evidence that may result in a charge(s) being brought against the student. The purpose of this Review shall be to determine if there is sufficient evidence to proceed with a Hearing. It shall be the responsibility of the Judicial Officer who conducts the Preliminary Review to advise the respondent that:
(a) he or she has the right to remain silent throughout any proceedings conducted under this Code and this silence will not be held against him or her; and
(b) matters discussed during the Preliminary Review become part of the case record and may be presented during any Hearing or Disciplinary Conference.
19. The Director of Student Judicial Affairs shall
assign jurisdiction for the Preliminary Review.
20. The Judicial Officer conducting the Preliminary Review shall make
one of the following determinations:22
(a) dismissal of the complaint.23
(b) a charge(s) against the student which in the Judicial Officer's opinion does not merit separation and which shall be referred to a Disciplinary Conference as described in Parts 49 - 52.(c) a charge(s) against the student which in the Judicial Officer's opinion may merit separation and which shall be referred to a University Hearing as described in Parts 23 - 46.
(d) a charge(s) against the student involving both separable and non-separable offenses, which offenses are related to a single incident or set of incidents, which shall be referred to a University Hearing as described in Parts 23 - 46 or a Disciplinary Conference as described in Parts 49-52.
(e) a decision to defer disciplinary proceedings for alleged minor violations of this Code for a period not to exceed ninety days. Pending charges may be withdrawn or pursued on or before the ninetieth day, at the discretion of the Judicial Officer.24
21. Disciplinary matters may be disposed
of without the initiation of any formal hearing process if the individual
conducting the Preliminary Review determines that there is not adequate
cause or evidence to proceed with a formal Hearing (see Part 20 (a)),
if the respondent acknowledges engaging in conduct prohibited by the Code,
or if the respondent elects not to contest the charge(s). If the respondent
acknowledges engaging in prohibited conduct or elects not to contest the
charges, the individual conducting the Preliminary Review may assign any
of the sanctions specified in Part 13. Any disciplinary determination
for suspension or expulsion, as specified in Parts 13 (d) and (e), constitutes
a recommendation to the Vice President for Student Affairs. Prior to acting
upon a sanction recommendation from the Judicial Officer who conducts
the Preliminary Review, the Vice President shall give the respondent and
the complainant at least five working days to submit written statements
concerning the sanction. The Vice President may also solicit written comments
from the Judicial Officer who conducted the Preliminary Review and the
Director of Student Judicial Affairs. The Vice President shall mail notice
of his/her decision to the student in a timely fashion and a copy shall
be sent to the Judicial Officer who conducted the preliminary review and
the Director of Student Judicial Affairs. This notice shall include a
brief explanation of the Vice President's rationale for his or her decision.
In reaching his/her decision, the Vice President shall also take note
of the student's prior disciplinary record and the penalties provided
in previous cases involving similar offenses. Any appeal of a sanction
determination made by the Vice President for Student Affairs for a respondent
who acknowledges engaging in prohibited conduct or who elects not to contest
the charges, shall be directed to the Appeals Committee at the campus
of the student's registration pursuant to Part 56 of this Code. In such
cases, appeals only will be considered on the ground that the sanction
may be grossly disproportionate to the offense.
22. For cases which are referred to a University Hearing in Part 20, a
respondent may request instead to have his or her case referred to a Disciplinary
Conference as described in Parts 49-52 of this Code. Such requests shall
not be granted unless the Judicial Officer has obtained the agreement
of the complainant.
UNIVERSITY HEARING BOARD PROCEDURES
23. The intent of University Hearings
is to provide the University community a forum in which alleged incidents
of student misconduct may be reviewed. Except as specified in Part 31,
University Hearings shall take place before a Hearing Board comprised
of individuals from the regional campus of the University in which the
respondent(s) is enrolled. University Hearings give the Hearing Board
an opportunity to determine the relevant facts in a case upon which they
may make an informed decision. To this end, both the Hearing Officer and
members of the Hearing Board are expected to play investigatory and adjudicative
roles. They shall be allowed to call witnesses, to question the complainant,
and to question any witnesses appearing at a Hearing in an effort to determine
the relevant facts about the complainant's charge(s) and the respondent's
response. The Hearing Officer and the Hearing Board shall also be allowed
to question the respondent if he/she waives his/her privilege against
self-incrimination. It shall be the responsibility of the Hearing Officer
to advise the respondent that he or she has the right to remain silent.
24. It shall be the responsibility of the Director of Student Judicial
Affairs to develop and train a pool of qualified individuals to serve
as Hearing Officers. In cases where there is the potential for the filing
of criminal charges outside the University or where the respondent selects
a Campus Adviser who holds a J.D., LL.B. or LL.M. degree from an accredited
college or university, the Hearing Officer shall be a member of the University
community who holds a J.D., LL.B. or LL.M. degree from an accredited college
or university or an attorney as defined in Part 3 (l) of this Code.
25. The Director of Student Judicial Affairs shall be responsible for
annually assembling and training a pool of qualified students and faculty
eligible to serve on University Hearing Boards.25
26. When a University Hearing is to
be convened, three students and two faculty shall be selected from the
pools described in Part 25 of this Code to serve as a Hearing Board. Should
a selected individual be unable to serve for any reason, his/her replacement
shall be assigned by the Director of Student Judicial Affairs from the
appropriate Hearing Board pool. If a Hearing Board member becomes unable
to serve once a Hearing has commenced, the Hearing may proceed or continue
provided that there remains a minimum of two students and one faculty
member on the Board.
27. The Director of Student Judicial Affairs may appoint Ad Hoc Hearing
Boards whenever any University Hearing Board is not constituted, is unable
to obtain a quorum, or is otherwise unable to hear a case. Ad Hoc Hearing
Boards shall consist of a minimum of two students and one faculty member
and a maximum of three students and two faculty members. Ad Hoc Hearing
Boards may consist of members of the University community who are not
part of the Hearing Board pool assembled in accordance with Part 25 of
this Code.
28. Hearing Officers or Hearing Board members who are charged with a violation
of this Code or a criminal offense may be suspended from their positions
by the Director of Student Judicial Affairs, or his or her designee, during
the pendency of the charges against them. Members found guilty of any
such violation or offense will be disqualified from further participation
in University disciplinary proceedings by the Director of Student Judicial
Affairs or his or her designee. The Director of Student Judicial Affairs
may establish additional grounds and procedures for removal.
29. The Director of Student Judicial Affairs shall give the respondent(s)
notice of the Hearing and the specific charges against the student(s)
at least ten working days in advance of the Hearing date. This notice
shall contain: a statement of the charge(s) to be presented at the Hearing
in sufficient detail to enable the student(s) to understand the nature
of the offense(s) charged; the names of the Hearing Officer and the members
of the Hearing Board for the case in question; the time and place of the
Hearing; a listing of the names and addresses of available Campus Advisers;
a copy of this document; and a list of the names of the witnesses who
will testify at the Hearing on behalf of the complainant and a brief summary
of the facts to which each will testify. Within five working days of the
receipt of notice, the respondent(s) shall supply the Director of Student
Judicial Affairs a list of witnesses who will testify on his/her behalf
and a brief summary of the facts to which each will testify. The Hearing
Officer may, at his or her discretion, allow a respondent(s) a greater
period of time in which to prepare a list of witnesses. Witnesses whose
names have not been submitted in accord with this provision will be allowed
to testify only at the discretion of the Hearing Officer.
30. Any party may challenge the Hearing Officer or a member of the Hearing Board on the ground of personal bias26 by delivering a written statement setting forth the facts on which he or she relies to the Director of Student Judicial Affairs at least five working days prior to the scheduled date of the Hearing. The Director shall determine whether the facts presented are grounds for disqualification and his or her decision shall not be subject to appeal. In the event of the disqualification of a Hearing Officer, the Director of Student Judicial Affairs shall assign a new Hearing Officer. In the event of a disqualification of a member of the Hearing Board, a replacement will be assigned by the Director of Student Judicial Affairs from the appropriate Hearing Board pool.
31. Where more than one student is charged with an offense arising from a single occurrence or, in the opinion of the Director of Student Judicial Affairs, out of connected occurrences, a single Hearing may be held for all students so charged. The Director of Student Judicial Affairs will establish the site of this Hearing. At least five working days before the scheduled Hearing, any student charged may make written application to the Director of Student Judicial Affairs for a separate Hearing setting forth the facts on which he or she relies to demonstrate that a consolidated Hearing would prejudice him or her. The decision of the Director of Student Judicial Affairs shall not be subject to appeal.
32. Respondents and complainants shall be accorded reasonable access to the case file, which will be retained in the office of the Director of Student Judicial Affairs27. The case file shall contain a written summary of the Preliminary Review, as described in Parts 18 - 19. This summary also will be made available to the Hearing Officer and members of the Hearing Board or the individual conducting the Disciplinary Conference.
33. Written applications setting forth good cause
may be made to the Hearing Officer by either party for a postponement
of the scheduled Hearing. Except in emergency situations, no application
for a postponement shall be considered unless received at least five working
days before the scheduled Hearing date. The decision of the Hearing Officer
shall not be subject to appeal.
34. At least five working days before the scheduled Hearing, respondents
and complainants shall inform the Director of Student Judicial Affairs
of their choice of Campus Adviser (Part 54), their choice of attorney
(Part 53), and/or support person, if any, who will assist them in the
Hearing. The respondent shall be free to pick any member of the University
community as his/her Campus Adviser. If the respondent selects a Campus
Adviser who holds a J.D., LL.B. or LL.M. degree from an accredited college
or university, the complainant shall be free to do likewise. If, for whatever
reason, the respondent selects a Campus Adviser who does not hold a J.D.,
LL.B. or LL.M. degree from an accredited college or university, the complainant
shall not be allowed to do so.
35. The Hearing Officer:
(a) shall conduct the University Hearing in such a manner as to insure a fair Hearing to all concerned. He/she shall take all necessary action to maintain an orderly Hearing.
(b) shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the Hearing. The Hearing Officer may exclude any person, including the respondent, who disrupts a Hearing.
(c) may summon witnesses upon the request of either party or the referring Dean of Students. The Hearing Officer may also summon additional witnesses who he/she believes may provide pertinent information. A notice to appear as a witness may be delivered by any reasonable means, including e-mail, hand delivery or first class mail to the individual's most recent campus or home address as it appears in University records. Members of the University community are expected to comply with a summons issued pursuant to this procedure, unless compliance would result in significant and unavoidable hardship. If either party believes that a fair Hearing cannot be held without the testimony of a particular witness and, after good faith attempts are made, the witness either fails to or refuses to appear, the Hearing Officer may postpone the Hearing until the witness agrees to appear, he/she may dismiss the charges against the respondent, or he/she may direct that the Hearing proceed without the witness.
(d) shall make all necessary rulings on evidence. In the exercise of this responsibility, the following general guidelines shall apply. Formal rules of evidence shall not be applicable in disciplinary proceedings conducted pursuant to this Code. The Hearing Officer shall respect the rules of confidentiality and privilege, but shall otherwise admit all matters into evidence which reasonable persons would accept as having probative value in the conduct of their affairs.28 The Hearing Officer may exclude evidence if its probative value is substantially outweighed by its potential to cause unfair prejudice, confusion, or needless delay of the Hearing.
(e) shall advise the respondent at the beginning of the Hearing that he or she has the right to remain silent.
36. Respondents who fail to appear after proper notice
shall be deemed to have pled no contest to the charges pending against
them. Nonetheless, the complainant shall be required to present evidence
to demonstrate that the respondent probably engaged in the conduct that
is the subject of the charge.
37. University Hearings shall ordinarily be closed to the public, except
for the respondent, the respondent's Adviser, the respondent's attorney,
the complainant, the complainant's Adviser, the complainant's attorney,
and the Director of Student Judicial Affairs and the Judicial Officer
conducting the Preliminary Review. The respondent and the complainant
may each petition the Hearing Officer to admit one additional support
person29
If the victim of an alleged act of misconduct is not
the complainant, the Hearing Officer may also allow the victim to attend,
subject to Part 55 of this Code. An open Hearing will be held if requested
by the respondent unless the victim or complainant objects. In such cases,
the Director of Student Judicial Affairs will be responsible for determining
whether the Hearing is open or closed.
38. A tape recording of the Hearing,
but not the closed deliberations of the Hearing Board, shall ordinarily
be made and shall be preserved in the custody of the Director of Judicial
Affairs. If a recording is not made for any reason, the decision of the
Board must include a summary of the testimony and shall be sufficiently
detailed to permit review by the Vice President for Student Affairs.
39. Witnesses shall be asked to affirm that their testimony is truthful
and may be subject to charges of intentionally providing false information
to the University, pursuant to Part 10 (s) of this Code.
40. The Hearing Officer and members of the Hearing Board shall be accorded
an opportunity to question all witnesses who testify at a Hearing. After
the Hearing Officer and the Hearing Board have completed their initial
questioning of a witness, the complainant and then the respondent, or
their Campus Advisers, will be accorded an opportunity to question that
witness. However, the respondent and his/her Campus Adviser or the complainant
and his/her Campus Adviser may not both question witnesses. Both the complainant
and respondent shall elect at the beginning of any Hearing whether they
or their Campus Adviser will question witnesses. This election will be
binding throughout the Hearing unless the Hearing Officer permits a party
to rescind his or her election.
41. Prospective witnesses other than the victim(s) shall ordinarily be
excluded from the Hearing during the testimony of other witnesses. Under
highly unusual circumstances the Hearing Officer, in his/her discretion,
may choose not to exclude one or more witnesses during the testimony of
other witnesses. If a victim will be present during a Hearing, that victim
will ordinarily be the first witness to present testimony and to be subject
to questioning.
42. Affidavits shall only be admitted into evidence if signed by the affiant
and witnessed by the referring Dean of Students or a notary. Unless the
individual making the affidavit personally appears at the Hearing, it
may be used for the purpose of supplementing or explaining other evidence
only, but shall not be sufficient to support a finding by itself.
43. Board members may take judicial notice of matters that would be within
the general experience of members of the University community.30
44. At the completion of the presentation of all the facts on the charge(s), the Hearing Board shall retire to closed deliberations. Hearing Board deliberations shall not be recorded or transcribed. Each respondent shall be regarded as not responsible unless the Hearing Board determines the contrary based on the facts adduced at the Hearing. The decision shall be by majority vote. Each Board member shall vote and may not abstain. The Hearing Officer and the Director of Student Judicial Affairs shall not be considered voting members of the Hearing Board and shall not be present in the hearing room during the Hearing Board's deliberations regarding the finding.31
45. The standard of clear and convincing
evidence shall be employed in all Hearings and Conferences conducted under
this Code. This standard requires that the Hearing Board (the Judicial
Officer in Disciplinary Conferences) be persuaded that there is a high
probability that the allegations brought against the respondent are true,
i.e., that there is a reasonable certainty that the charges are true.
46. The decision shall be read by a member of the Hearing Board in a reconvened
University Hearing and a copy provided to the respondent either at the
hearing or as soon thereafter as is practical. The victim, if any, and
the complainant may be present during the reading of the Hearing Board's
decision; however, other witnesses will be excluded. The determination
of the Board with respect to each charge shall be supported by a brief
written summary of the findings relied upon by the Hearing Board. The
written summary will be placed in the case file and made available to
the respondent.
47. Any determination of responsibility will generally be immediately followed by a supplemental proceeding in which the respondent, the complainant, the victim (if he or she is not the complainant), the referring Judicial Officer, and the Director of Student Judicial Affairs may submit evidence or make statements concerning the appropriate sanction to be imposed. The past disciplinary record 32 of the respondent shall be supplied to the Board by the referring Judicial Officer only if a determination of responsibility has been reached. At the completion of any presentations, the Hearing Board shall retire to closed deliberations to determine a recommended sanction, which shall be forwarded to the Vice President for Student Affairs as well as to the complainant, the respondent, and Hearing Officer, and the Director of Student Judicial Affairs. The recommended sanction shall be by majority vote and each Board member shall vote and may not abstain. Neither the Hearing Officer nor the Director of Student Judicial Affairs shall be considered voting members of the Hearing Board and shall not be present in the hearing room during the Hearing Board's deliberation regarding the sanction.33
48. Prior to acting upon such recommendation, the Vice President shall give the respondent and the complainant at least five working days to submit written statements concerning the sanction recommended by the Hearing Board. The Vice President may also solicit written comments from the Hearing Officer assigned to the case and/or the Judicial Officer who conducted the Preliminary Review. The Vice President shall mail notice of his/her decision to the student in a timely fashion and a copy shall be sent to the Judicial Officer who conducted the Preliminary Review. This notice shall include a brief explanation of the Vice President's rationale for his or her decision. In reaching his/her decision, the Vice President shall also take note of the student's prior disciplinary record and the penalties provided in previous cases involving similar offenses.
49. Students charged with a non-separable offense (Part 10 (u) through (y)) who contest the charge will be referred to a Disciplinary Conference.34 Additionally, students charged with separable offenses (Part 10 (a) through (t)) who have been referred to a University Hearing may request instead to have their case referred to a Disciplinary Conference.35 The Disciplinary Conference is designed to reduce unnecessary proceduralism and contentiousness in disciplinary proceedings. A Disciplinary Conference is an informal, non-adversarial hearing usually conducted between the respondent and the Judicial Officer assigned by the Director of Student Judicial Affairs.36 Complainants would not be required to participate in the Disciplinary Conference, unless cross-examination was necessary to resolve a dispositive factual issue.37 The Judicial Officer shall conduct the Disciplinary Conference in such a manner as to insure a fair Conference to all concerned and shall exercise control over the process to avoid needless consumption of time and to achieve orderly completion of the Disciplinary Conference. The standard of proof shall be clear and convincing evidence as more fully explained in Part 45.
50. In the event of a Disciplinary Conference, the respondent shall be accorded the following procedural protections:
(a) written notice of charges at least five working days prior to the scheduled Disciplinary Conference.
(b) reasonable access to the case file prior to and during the Disciplinary Conference, subject to Part 32 of this Code.38
(c) an opportunity to respond to the evidence against him or her and to call appropriate witnesses on his or her behalf.
(d) the right to be advised by an attorney as provided in Part 53 of this Code.
(e) the right to be assisted by a Campus Adviser, as provided in Part 54 of this Code.
(f) the right to appeal the determination of responsibility or the sanction in accordance with Parts 56-66 of this Code.
51. Any of the sanctions specified in Part 13 may be assigned as the result
of a Disciplinary Conference, except that the sanctions of suspension
and expulsion are not available when a student is charged with only non-separable
offenses (See Part 10 (u) through (y)). Any disciplinary determination
for suspension or expulsion as specified in Parts 13 (d) and (e) of this
Code, constitutes a recommendation to the Vice President for Student Affairs.39
52. A tape recording of the Disciplinary Conference shall ordinarily be
made and shall be preserved in the custody of the Director of Student
Judicial Affairs. If a recording is not made for any reason, the decision
of the Judicial Officer conducting the Disciplinary Conference must include
a summary of the testimony that shall be sufficiently detailed to permit
review.
53. Both complainants and respondents
may be advised by an attorney as defined in Part 3 (m). The role of this
attorney shall be limited to consultation and he/she may not address Hearing
Officers, Hearing Boards, speak in Disciplinary Conferences, or question
witnesses.
54. The Director of Student Judicial Affairs will maintain a list of qualified
individuals who are currently eligible to serve as Campus Advisers and
who may be selected to assist complainants or respondents in Disciplinary
Conferences or University Hearings on any campus. Campus Advisers shall
be allowed to speak in Disciplinary Conferences and Hearings, make procedural
objections, question witnesses, and make opening and closing statements.
Attorneys, as defined in Part 3 (m) of this Code, shall not be permitted
to serve as Campus Advisers.
55. Any respondent in a Disciplinary Conference or University Hearing
shall have the option of selecting the Campus Adviser of his or her choice
from the trained corps of Advisers described in Part 54, or from the University
community at large. The complainant, subject to the limitations of Part
34, shall also have the right to be assisted by a Campus Adviser. If the
victim of an alleged instance of misconduct is not the complainant, he/she
may have a support person present, but shall not be entitled to have a
Campus Adviser or attorney present at any Hearing. As a matter of University
policy, the conversations between a Campus Adviser and a person being
assisted by that adviser in a Hearing or Conference under this Code will
be deemed confidential in subsequent University proceedings.
56. Any determination of responsibility by a University
Hearing Board or by a Judicial Officer conducting a Disciplinary Conference
for a suspension offense (Part 10 (a) through (t)) or determination of
sanction by the Vice President for Student Affairs may be appealed to
the Appeals Committee of the regional campus of the student's registration,
as described in Parts 75 - 76.
57. Appeals for decisions made by Judicial Officers in Disciplinary Conferences
for non-separable offenses will be referred to the Director of Student
Judicial Affairs in New Brunswick and to the Provost for cases involving
students registered in Newark or in Camden. The appeals procedures to
be followed on each campus are available in the Office of Student Judicial
Affairs.
58. Requests for appeals must be submitted in writing to the Director
of Student Judicial Affairs, who will transmit the appeal to the appropriate
Appeals venue. Such requests must be received within ten working days
from the date of the letter notifying the respondent of the finding and
sanction. Respondents may appeal on any or all of the following grounds:
(a) appeal the finding that the Respondent violated the Code; (b) appeal
the sanction imposed; and (c) appeal on the basis of specified procedural
errors in the disciplinary process. Failure to appeal within the allotted
time will render the original decision final and conclusive.40
59. The Appeals Committee may solicit written clarification on any issue
raised on appeal from the Hearing Officer assigned to the case, the Judicial
Officer who conducted the Preliminary Review or Disciplinary Conference,
the Vice President of Student Affairs, the Director of Student Judicial
Affairs, the respondent, and/or the complainant. Such written comments
shall be retained as part of the case record.
60. In the preparation of an appeal, the respondent may have access to
the tape of the proceedings of the University Hearing or Disciplinary
Conference. The respondent may not have custody of the original tape,
but may obtain a copy from the Director of Student Judicial Affairs.
61. Appeals shall be decided upon the record of the original proceeding
and upon written briefs submitted by any of the parties described in Part
59. The Appeals Committee shall not conduct a new hearing.
62. The Appeals Committee may:
(a) affirm the finding of the Hearing Board or Judicial Officer and the sanction imposed by the Judicial Officer or Vice President for Student Affairs.
(b) affirm the finding and remand the determination of sanction to the Judicial Officer or Vice President for Student Affairs. On remand, neither the Judicial Officer nor the Vice President may increase the sanction originally imposed.
(c) remand the case to the original Hearing Board or Judicial Officer, in accordance with Part 63.
63. Deference shall be given to the determinations of Hearing Boards and Judicial Officers concerning findings of responsibility and to the Judicial Officer and Vice President for Student Affairs concerning the determination of sanctions.
(a) Sanctions may only be remanded if found to be grossly disproportionate to the offense.
(b) Cases may be remanded to the original Hearing Board or Judicial Officer who conducted the Disciplinary Conference if new and significant evidence becomes available which could not have been discovered by a properly diligent respondent before or during the original Hearing or Conference or if specified procedural errors or errors in interpretation of University regulations were so substantial as to effectively deny the respondent a fair Hearing or Conference. In the latter case, the Hearing Board or Judicial Officer will be directed by the Appeals Committee not to repeat the specified errors that caused the remand. If the finding of the original Hearing Board or Judicial Officer is held to be arbitrary and capricious, the case shall be remanded to a new Hearing Board or Judicial Officer. In this case, no indication or record of the previous Hearing will be introduced or provided to members of the new Hearing Board or Judicial Officer, except to impeach contradictory testimony at the discretion of the Hearing Officer.
64. The Appeals Committee will generally be expected
to mail notice of its decision to the Respondent within fifteen working
days of the filing of the appeal by the respondent. A copy shall be sent
to the Vice President for Student Affairs and Director of Student Judicial
Affairs. In cases where a respondent is found to have violated the Academic
Integrity Policy, the faculty member(s) of the affected course(s) will
also be notified.
65. Within ten working days of the decision of the
Appeals Committee, the respondent may petition the President of the University,
in writing, to review the finding and/or sanction. The decision to review
or not to review shall be solely within the discretion of the President.
66. At the discretion of the Vice President for Student Affairs, the imposition
of sanctions will normally be deferred during any appellate proceedings
and the status of a student shall not change until the avenues of appeal
described in this Code have been exhausted, except that a hold may be
put on a student's transcript and no degree will be awarded to the student
pending completion of the appeals process. Once these avenues have been
exhausted, or when a respondent elects to forego further appeal, it shall
be the responsibility of the Director of Student Judicial Affairs to oversee
the implementation of the imposed sanction. Where permitted by state and
federal laws, the Director of Student Judicial Affairs may notify the
victim of an act of student misconduct of any sanction imposed.
DISCIPLINARY FILES AND RECORDS
67. Case referrals may result in the
development of a disciplinary file in the name of the respondent, which
shall be voided if the respondent is found not responsible for the charges.
Voided files shall be so marked, shall not be kept with active disciplinary
records, and shall not leave any student with a disciplinary record. Voided
files will be destroyed at the end of six years.
68. The disciplinary files of respondents found responsible for any charges
against them shall be retained as a disciplinary record for a minimum
of three years from the date of the letter providing notice of final disciplinary
action. Disciplinary records may be reported to third parties, in accordance
with University regulations and subject to the Family Educational Rights
and Privacy Act of 1974.
69. After all the terms of a sanction have been fulfilled, disciplinary
records may be voided by the Vice President for Student Affairs for good
cause, upon written petition of respondents. Factors to be considered
in review of such petitions shall include:
(a) the present conduct of the respondent.
(b) the conduct of the respondent subsequent to the violation.
(c) the nature of the violation and the severity of any damage, injury, or harm resulting from it.
70. A hold may be placed on a student's
University records by the Director of Student Judicial Affairs while disciplinary
proceedings are pending.
71. Permanent notation of disciplinary action shall be made on the transcript
whenever a student is expelled and as otherwise provided in Part 13. Transcript
notations of disciplinary action will also be made if a suspension is
implemented. When the transcript notation has expired, the notation will
be removed.
72. The Committee on Student Conduct
will be a standing University-wide committee that will be responsible
for advising the Vice President for Student Affairs on issues pertaining
to student discipline. The duties of the Committee on Student Conduct
include reviewing this Code and suggesting appropriate amendments or modifications.
73. The Vice President for Student Affairs shall annually appoint the
members of the Committee on Student Conduct. Members may be reappointed
at the discretion of the Vice President for Student Affairs.
74. It will be the responsibility of the Vice President for Student Affairs
to inform the University Senate, the President and the Board of Governors
of any substantive changes in the student disciplinary process recommended
by the Committee on Student Conduct review.
75. Each regional campus will have its own Appeals Committee, which shall be composed of the following members:
(a) One faculty member.
(b) One administrative member.
(c) One undergraduate student.
(d) One graduate student.
The Provost on each campus will be responsible for establishing reasonable and fair procedures by which members of the Appeals Committee shall be appointed or selected on their campus.
76. Appeals shall be referred to the Appeals Committee
of the respondent's regional campus. A panel drawn from the Appeals Committee
consisting of the faculty member, the administrator, and one student will
consider each appeal. If the respondent is an undergraduate, the student
member of the Appeals Committee shall be the undergraduate student member.
If the respondent is a graduate student, the student member of the Appeals
Committee shall be the graduate student member. If one of these members
is unable to serve in this role for any reason 41,
the appropriate Provost shall name a replacement. In all cases, however,
the Appeals Committee shall consist of one student, one administrator,
and one faculty member.
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Notes:
1. The accompanying endnotes shall have the same force and effect as any other part of this Code. (See Preamble, Paragraph 3)
2. A person who has been awarded one or more degrees from the University, but who undertakes further studies at the University is a student. (See Part 3 (q))
3. Colleges and universities are not expected to develop disciplinary regulations that are written with the scope or precision of a criminal code. Rare occasions may arise when conduct is so inherently and patently dangerous to the individual or to others that the University must take extraordinary action not specifically authorized in this Code. (See Part 4)
4. The University will not routinely invoke the disciplinary process for student misconduct that occurs off University premises unless it occurs at a University sponsored activity. Nonetheless, it will be necessary to endeavor to protect the campus community when there are reasonable grounds to believe that a student may pose a substantial danger to others. Normally, such "substantial danger" will be manifested by a pending criminal charge, usually relating to a crime of violence, burglary, sexual assault, substantial theft or fraud, the distribution of illegal drugs, or the possession of substantial quantities of illegal drugs. (See Part 5)
5. A member of the University community initiating a complaint under this Code is not precluded from filing civil or criminal charges outside the University. (See Part 6)
6. A student who requests such a Hearing will be entitled to receive the notice of Hearing described in Part 29 of this Code five working days in advance of the scheduled Hearing date. Notice limits described in Parts 30, 31, 33 and 34 of this Code will be reduced to two working days in such instances. (See Part 8)
7. The term "prohibited or unlawful behavior" would include behavior prohibited by a faculty member. It must be emphasized that this provision shall not be used to punish classroom dissent. The lawful expression of a disagreement with a faculty member is not in itself disruptive behavior. A student who believes that he/she has been treated in an arbitrary manner in this regard should contact his/her Dean of Students. (See Part 9)
8. Standards of academic integrity are more particularly set forth in the academic policies of the University and its various campuses and colleges. (See Part 10 (a))
9. A person is responsible for hazing if, in connection with the training, initiation, or acceptance of applicants to or members of any organization (including, but not limited to fraternal organizations, athletic teams, and student clubs) he/she knowingly or recklessly organizes, promotes, facilitates or engages in any conduct, other than competitive athletic events, which places or may place another person in danger of bodily injury. The consent of the victim shall not be a legitimate defense in hazing incidents. (See Part 10 (g))
10. Prohibited Conduct under this policy includes:
(a) Use of force against the person or property of any member of the University community or against the person or property of anyone on University premises, or the threat of such physical abuse. (Verbal assault may be prosecuted as a "threat of...physical abuse.")
(b) Theft of, or intentional damage to, university property, or property in the possession of, or owned by, a member of the university. (Acts of graffiti or other vandalism may be prosecuted as "intentional damage to...property.")
(c) Harassment, which is statutorily defined by New Jersey law to mean, and here means, purposefully making or causing to be made a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or in any other manner likely to cause annoyance or alarm, or subjecting or threatening to subject another to striking, kicking, shoving or other offensive touching, or engaging in any other course of conduct or of repeatedly committed acts with purpose to alarm or seriously annoy any other person. Harassment is considered a separation offense under the University Code of Student Conduct.
(d) Defamation, which is judicially defined to mean, and here means, the unprivileged oral or written publication of a false statement of fact that exposes the person about whom it is made to hatred, contempt, or ridicule, or subjects that person to loss of the good will and confidence of others, or so harms that person's reputation as to deter others from associating with her or him. Defamation is considered a separation offense under the University Code of Student Conduct. (See Part 10 (h))
11. All students are required to abide by the "Rutgers University Acceptable Use Policy for Computing and Information Technology Resources," the "Guidelines for Interpreting and Administration of the Acceptable Use Policy for Computing and Information Technology Resources," any supplementary policies issued by individual units whose computing facilities students are using, and specific instructions from staff supporting computing facilities being used by a student. (See Part 10 (i))
12. This charge may include any willful act which disrupts or obstructs an academic class or lecture, an administrative or support function or official University event (including studying, teaching, research, meetings, interviews, ceremonies, public events, official University business, or fire, police or emergency services), other creative or productive activities, or public services rendered by the University. (See Part 10 (k) and Part 10 (l))
13. The possession and storage of personal protection devices such as small containers of mace, which are permitted under New Jersey law, are specifically excluded from this definition. The legal use of such devices is also excluded from this definition. Law enforcement officials who are authorized by law to carry firearms are also excluded from this definition. (See Part 10 (m))
14. Such prohibited distribution of alcohol shall include providing or facilitating the consumption of alcohol by any person without taking reasonable and prudent precautions to insure that the person is of legal drinking age in New Jersey. (See Part 10 (n))
15. Other potential abuses of the University's Hearing procedures include, but are not limited to:
(a) attempting to discourage an individual's proper participation in, or use of, the University's Hearing or Disciplinary Conference procedures.
(b) attempting to unduly influence an individual participating in a Hearing or Conference prior to, and/or during the course of, any Hearing or Disciplinary Conference.
(c) harassment (verbal or physical) and/or intimidation of an individual involved in a Hearing or Disciplinary Conference prior to, during, and/or after a Hearing or Conference.
(d) influencing or attempting to influence another person to commit an abuse of the Hearing and Conference provisions of this Code. (See Part 10 (s))
16. A person is responsible for stalking if he/she purposely and repeatedly
engages in a course of conduct directed at a specific person that would
cause a reasonable person to fear bodily injury or death to him or herself
or a member of his or her immediate family. (See Part 10 (t))
17. Witnesses, as well as respondents, may invoke their privilege against
self-incrimination. (See Part 10 (y))
18. A student may receive more than one sanction for a single incident. For example, a student found guilty of stealing may be suspended, be required to make restitution, and be required to complete some form of community service. (See Part 13)
19. As used in this section, honors and awards does not include scholastic or athletic financial aid awards or loans, unless otherwise specified under strict terms of the award. (See Part 13 (b))
20. In the event of cross-complaints, it shall be the responsibility of the individual conducting the Preliminary Review to determine who shall be assigned the roles of complainant and cross-complainant. In the case of multiple complainants, the individual conducting the Preliminary Review shall determine who will act as the complainant in any proceedings under this Code. (See Part 16)
21. For example, the victim of an alleged act of misconduct may not be a member of the University community or may be unwilling to serve as the complainant. In such circumstances, if the Dean of Students believes there is good cause for charges to be brought against the accused student in the interest of the University community, the Dean may serve as the complainant. (See Part 17)
22. If the individual conducting the Preliminary Review makes the determination that the charges warrant a University Hearing or Disciplinary Conference, he or she may recommend to the Director of Student Judicial Affairs that a hold be put on the student's transcript, including the awarding of the student's degree, until the Hearing process is complete. (See Part 20)
23. A decision to dismiss the complaint is subject to the discretionary review of the Director of Student Judicial Affairs. (See Part 20 (a))
24. Students may be referred to a campus mediation service during this period. If the mediation is successful, the disciplinary charges will be dropped. (See Part 20 (e))
25. The Director of Students Judicial Affairs will make a reasonable effort to identify and train students from each unit within the University to serve on University Hearing Boards. (See Part 25)
26. The term "personal bias" means animosity toward a party or favoritism toward the opposite party. (See Part 30)
27. Copies of Rutgers University Police Department reports will not be provided to any individual involved in a Hearing or Conference under this Code without the approval of the chief of the Rutgers University Police Department or his/her designee. Reports that are not made available to the accused cannot be used as evidence in any Hearing or Conference. (See Part 32)
28. In cases involving allegations of sexual assault, the Hearing Officer will ensure that protections afforded under New Jersey's "Rape Shield Law" are followed. (See Part 35 (d))
29. Any support person admitted to a University Hearing shall not be allowed to participate in the Hearing in any way. In rare instances, the Hearing Officer may admit more than one support person for either party. (See Part 37)
30. It is not necessary to prove matters in a Hearing or Conference that would be common knowledge to members of the University community. (See Part 43)
31. Both the Hearing Officer and the Director of Student Judicial Affairs shall be available to the Hearing Board to entertain clarification questions or questions of a technical nature. The Hearing Officer may reconvene the hearing with all parties present, if he/she feels it is appropriate to have the question(s) answered on the record. (See Part 44)
32. A student's "disciplinary record" includes only those incidents where the student either has admitted responsibility or has been determined to be responsible for a previous violation of the University Code of Student Conduct, whether by university hearing, disciplinary conference, or disciplinary records maintained by the Office of Residence Life. (See Part 47)
33. Both the Hearing Officer and the Director of Student
Judicial Affairs shall be available to the Hearing Board to entertain
clarification questions or other questions of a technical nature. The
Hearing Officer may reconvene the hearing with all parties present, if
he/she feels it is appropriate to have the question(s) answered on the
record. (See Part 47)
34. Certain graduate and professional schools have established processes
to review non-separable cases that are used in lieu of a Disciplinary
Conference for students in those units. Copies of such procedures are
on file in the Office of Student Judicial Affairs. (See Part 49)
35. Requests for Disciplinary Conferences shall not be granted unless
the Judicial Officer has obtained the agreement of the Complainant. (See
Part 49)
36. Either the respondent or complainant may challenge the Judicial Officer on the basis of personal bias according to the same procedures set forth for challenging Hearing Officers (see Part 30). In the event of the disqualification of the Judicial Officer, the Director of Student Judicial Affairs shall designate a replacement who will be a member of the University community who has been trained to serve in this capacity. (See Part 49)
37. In such cases, the complainant may be accompanied by a Campus Adviser. Documentary evidence and written statements could be relied upon, so long as the respondent was given access to them in advance, and allowed to respond to them at the Conference. (See Part 49)
38. Copies of Rutgers University Police Department reports will not be provided to any individual involved in a Hearing or Conference under this Code without the approval of the chief of the Rutgers University Police Department or his/her designee. Reports that are not made available to the accused cannot be used as evidence in any Hearing or Conference. (See Part 50 (b))
39. Written notice of the decision and of any sanction imposed
shall be mailed to the student charged and a copy shall be sent to the
Director of Student Judicial Affairs. (See Part 51)
40. An appellant may request an extension of the deadline for filing his/her
appeal by written application to the Director of Student Judicial Affairs
stating the reason(s) why such an extension is needed. Under unusual circumstances
the Director may grant such a delay. (See Part 58)
41. Committee members who, in the opinion of the Director of Student Judicial Affairs, have played any role in a particular case shall be disqualified from the appeal process. (See Part 76)
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