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. F In all cases, the Hearing Panel 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. G A list of all witnesses that the complainant and respondent wish to testify at the hearing must be submitted in writing to the Director of Student Conduct 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. 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. Further, in accordance with existing statutes, especially the N. Open Records Act, student disciplinary records are confidential records.
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. I Students may be accountable to both external authorities and to the University for acts that constitute violations of law and this Code.
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. L 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 in an attempt 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. M All Administrative and Panel hearing proceedings will be audio-recorded.
These recordings are only for the purpose of providing assistance to the members of the Hearing Panel or Hearing Office in their deliberations, or by an appeal officer s if an appeal is filed. They are considered property of the University. N 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. O 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. Q Any documentation that a student may wish to have presented to University Panels must be provided two business days in advance of the scheduled University Panel to the Director of Student Conduct or designee. R The University reserves the right to administer the conduct process via video conference.smapunthreadin.tk
Sexual Assault and Dating Violence
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. S 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. Sanctions Factors to be considered in deciding sanctions will include, but will not be limited to the following criteria: 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 University Director of Student Conduct 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. Interim measures may include, but not be limited to, a No Contact Order, or permitting complainant to change academic and extracurricular activities or their living, transportation, dining, and working situation as appropriate. The University may impose the same or additional protective measures after a final determination of the Dating, Relationship or Sexual Misconduct or Violence charges.
Stipulations The sanctions described above may be enhanced or modified, depending on the severity of the case, the impact of the violation s on the campus community, other policies violated during the incident, the discipline history of the student s involved, or the learning and ethical development needs of the student found responsible for violating the Code of Student Conduct. Sanction stipulations that may be imposed at the discretion of the Conduct Officer or hearing panel include, but are not limited to, the following:.
A student may receive more than one stipulation for a single violation. Students who are found responsible for Code of Student Conduct violations may, at the discretion of the conduct officer or hearing panel adjudicating the case, be offered the opportunity to engage in substantive educational and reflective activities and, after the satisfactory completion of the specified educational and reflective activities, may have certain appropriate privileges restored.
View Sanction Removal Guidelines. Refund Policy No refunds of tuition, fee, room or board charges will be provided to any student who has been found responsible for violating the University Code of Student Conduct and placed on probation, suspended or expelled from the University or from a residence hall or campus apartment.
Academic Dishonesty Minimum sanction: Academic dishonesty is any attempt by a student to submit 1 work completed by another person without proper citation or 2 to give improper aid to another student in the completion of an assignment, such as plagiarism. No student may intentionally or knowingly give or receive aid on any test or examination, or on any academic exercise, that requires independent work.
This includes, but is not limited to using technology i. Students are expected to adhere to instructions provided by their faculty regarding submitted work, as well as exam guidelines, whereas failure to do so may constitute academic dishonesty. The following are examples of academic dishonesty:. The University is committed to protecting the health and safety of students and to implementing the New Jersey Campus Sexual Assault Victim's Bill of Rights Act and the Federal Violence Against Women Act, by prohibiting threats, intimidation, coercion, assault, abuse and violence in dating, interpersonal and sexual relationships.
This policy is gender neutral recognizing that any individual can be victims or perpetrators of dating, relationship or sexual misconduct. The University will assist the victim in reporting any sexual misconduct to law enforcement authorities. For additional resources, please refer to montclair. The University will identify and implement such interim measures to protect the complainant before the final outcome of an investigation involving Dating, Relationship or Sexual Misconduct or Violence, and to ensure equal access to its education programs and activities The University will undertake these measures promptly once it has received notice of an allegation of Dating, Relationship or Sexual Misconduct or Violence.
Computer Misuse and Section F. Invasion of Privacy shall also constitute Sexual Misconduct. Students are prohibited from engaging in harassment, intimidation and bullying. Invasion of Privacy Minimum sanction: This provision does not extend to the recording of public events or discussions, or to recordings made for law enforcement purposes. Destruction of Property Minimum sanction: Disruptive Conduct Minimum sanction: A student will be found responsible for disruptive conduct if they substantially impairs, interferes with or obstructs the orderly conduct, process and functions of the University.
Disruptive conduct includes, but is not limited to: This policy is not intended to discipline students for classroom dissent or civil discourse. Drug Violations Minimum sanction: See the Financial Aid Office for details. A student will be found responsible for failure to comply if they refuse to present identification to University officials acting in the performance of their duties; fails or refuses to respond personally to a request to report to an administrative office; or otherwise fails or refuses to abide by directions issued by a University official acting within the scope of their authority.
Forcible or Unauthorized Entry Minimum sanction: Students are prohibited from forcible or unauthorized entry into any University or University-related building, structure, or facility. This prohibition also includes, but is not limited to, illegal or unauthorized access to campus facilities gained by opening windows; tampering with door locks or locking mechanisms; gaining access through emergency exits; scaling walls, fences or gates; or copying, obtaining or using keys without authorization. The forgery, alteration, destruction, or misuse of University documents, records, timesheets, and identification cards is expressly prohibited.
This includes, but is not limited to, the alteration, destruction, or misuse of such University and University-related materials as academic forms, files, records, identification cards, or other papers. Students are prohibiting from forging any such material and risk facing criminal charges should they be found in violation of this policy. Students are prohibited from furnishing false oral or written information to any University office or official.
Students are expected to be truthful with University officials at all times. Dishonesty is considered a serious offense against the University.
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Students are expected to abide by the federal laws and the laws of the State of New Jersey prohibiting illegal gambling. Gambling for money or other things of value on campus or at University-sponsored activities is prohibited except as permitted by law. Such prohibited activity includes, but is not limited to, betting on, wagering on, or selling pools on any Montclair State University athletic event; possessing on one's person or premises e. Infliction or Threat of Bodily Harm Minimum sanction: Students are prohibited from fighting and engaging in other acts of physical assault and violence in any University or University related facility, or at University events, including academic, athletic, and social events held on campus or away from campus.
While self-defense will not excuse a student's actions, the University will take into consideration the legitimacy of the justification offered in addressing the proper outcome. Students are required to comply with policies or regulations governing the registration of student organizations, events on campus, and use of University facilities. Any policy violation within a residential facility may result in a referral to and charges under the conduct process. Failure to abide by instruction by Residence Life staff constitutes a violation of policy.
These policies include, but are not limited to, the following:. The University requires students to abide by numerous security regulations and other protective measures in order to assure safe living and learning environments for all students, as well as the faculty, administrators, and staff who also use campus facilities.
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This includes, but is not limited to the following:. The University implemented a phased Tobacco Free Campus Policy in spring due to documented health risks associated with tobacco products, both for the individual user and those affected by secondhand smoke. Accordingly, the University will become fully smoke-free, tobacco-free and vapor-free on September 1, to sustain a healthy campus environment. Individuals are encouraged and empowered to respectfully inform others about the policy in an ongoing effort to support individuals to be tobacco free and encourage a culture of compliance.
Substantiated violations will have appropriate disciplinary action. Students are not permitted to engage in any form of larceny; robbery; shoplifting; or stealing involving University or personal property; on University or University related premises, University events including academic, athletic, and social events held away from campus. Students are also prohibited from enabling, aiding, or abetting any individual in the theft of any property or service on University or University-related premises, or at any University event. This policy also applies to attempted theft and being in the possession of stolen items.
Students are not permitted to violate any local, state or federal law on campus, in other municipalities, or in University-related events. The University retains the discretion to report suspected violations of state, local or federal law to appropriate law enforcement officials, at any time, regardless of the issuance of disciplinary charges against a student under this Code.
Because certain functions, procedures, and processes of the University and University-related business may change after the formal publication of Montclair State University policies, students are expected to abide by written policies, regulations, and announcements about University processes and procedures that are developed and promulgated over the course of the academic year. Further, no individual will use the University's name and logo, or facilities, for commercial, personal or political purposes without authorization.
No person will engage in conduct detrimental to the University community as hereinafter defined. Conduct will be deemed detrimental to the University community if it consists of an act or acts prohibited under municipal, state, or federal law or written policy or regulation of the University and either: Any Municipal County and State law enforcement officer as recognized by the New Jersey Police Training Commission may carry their duty weapon at all times in the State of New Jersey, however not when they are present on the Montclair State University campus.
Officers are requested to contact the University Police Department, which offers temporary weapons storage to any visiting or attending police officer. Student organizations may also be referred to the Student Government Judiciary process for adjudication. Furthermore, investigations of an incident may require that both a student organization and the individual members of that organization who were found to have violated University policy may face institutional sanctioning.