William Paterson University

Faculty and Staff Handbook

STUDENT CODE OF CONDUCT

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

This document and supporting materials have been developed to guarantee procedural fairness to students. Practices will vary in formality given the gravity and nature of the offense and the sanctions that may be applied.

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

Student Code of Conduct

I. Students’rights and responsibilities

Students and student organizations should be free to examine and discuss all questions of interest to them and to express opinions publicly and privately. They should always be free to support by orderly means causes that do not disrupt the regular and essential operations of the University. (For more information regarding this matter please refer to the University Demonstration policy.)
It is the responsibility of all students of the University to adhere to the letter and spirit of this statement and duly enacted University policies, rules and regulations. Students shall not violate or attempt to violate any duly promulgated and approved University policy, rule or regulation.
Violations of said policies, rules or regulations may result in a variety of sanctions.
The University shall attempt to handle disciplinary matters in an expeditious manner.

II. Institutional authority to ensure fulfillment of the University’s mission

The authority to discipline students for violations of University policies, rules and regulations is assigned by the president to the Office of the Dean of Student Development for implementation by the dean of students or his/her designee.
Disciplinary action may be taken against students for violation of University policies, rules and regulations including, but not limited to, those listed below.

The possession, use or sale of any controlled dangerous substance (or nonprescriptive drug) or drug paraphernalia in violation of federal, state or municipal laws.
Violation of the University’s alcoholic beverage policy.
Theft of University or personal property, removing or transferring University furniture or equipment from one building to another without official authorization, or possession of stolen property.
Damage to University premises or property.
Misuse of, or tampering with, any electrical system, wiring, telephone service, fire-safety equipment or other security devices, or the violation of University policy pertaining thereto.
Unauthorized entry into any University building or office.
Violation of published rules governing residence halls.
Failure to comply with directives issued by representatives of the University when they are acting in their official capacities.
Possession or use of firearms or weapons of any kind or description.
Possession of fireworks or other combustible materials.
Assault, physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct that threatens or endangers the health or safety or any person.
Disorderly conduct, which is behavior that annoys, alarms, or is disruptive of normal University business or activity.
Intentionally initiating or causing to be initiated any false report, warning, threat of fire, explosion or other emergency.
Intentionally or recklessly interfering with normal University business or University-sponsored activities, including, but not limited to, invited speakers, studying, teaching, research, college administration, or fire, police or emergency services.
Intentionally furnishing false information to the University or to a University official verbally or in writing.
Forgery, authorized alteration or unauthorized use of any University document or instrument of identification.
All forms of academic dishonesty, including cheating, fabrication, facilitating academic dishonesty and plagiarism. (Students charged with a violation of this section of the Code are subject to the procedures outlined in the separate policy on Academic Integrity, which is printed both in the Student Handbook and the University Catalog. Normally the Office of Academic Affairs adjudicates this part of the Code.)
Hazing, including organizing, engaging in, facilitating or promoting any conduct that places or may place another person in danger of bodily harm or serious psychological distress. (The consent of those hazed will not be accepted as a defense.) Hazing and aggravated hazing are crimes punishable under the provisions of Title 2C of the Statutes of the State of New Jersey. Subsequent changes in those laws will be automatically included in this Code upon their adoption by the Legislature.
Computer misuse, including but not limited to, hardware theft or fraud, duplicating copy-protected software, unauthorized access, subverting restrictions and plagiarizing class programs. (Specific rules governing the use of computers and computer labs on campus are developed and distributed by the Center for Computer and Information Systems. Violations of such rules will be construed as violations of this section of the Code of Conduct.)
Unwanted sexual interactions, including both verbal and physical acts or threats.
Violations of local, state or federal law on University property, or off campus when such violation has an adverse effect upon the University or upon individual members of the University community.
Any other action by a student or recognized student group, on or off campus that in the judgment of University officials adversely affects the University.
Generally, violations of rules and regulations in the residence halls will be processed by the Assistant Director of Residence Life. However, violations that occur in the Residence Halls that could result in suspension/expulsion will be adjudicated by the Dean of Student Development office.

Note: A student can be suspended from the University on an interim basis, if they are deemed a clear and present danger to the community by the Dean of Student Development. A student may be accountable to both civil authorities and to the University for acts that violate the law and this Code. Disciplinary action at the University will normally proceed during pending criminal proceedings and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced. The University reserves the right to reach its own determination on violations of this code unaffected by the outcome of any civil or criminal proceedings.

Due Process and Disciplinary Procedures

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

Written notification of charges and possible penalties within a reasonable time period;
The opportunity of either having a hearing on the charges or waiving the right to a hearing and accepting the penalties to be imposed;
Written notification of the time, place and date of hearing at least three working days in advance;
The opportunity to present evidence and witnesses;
Written notification of findings and sanction or penalties imposed;
Written notification of an appeal process (in the case of a University Hearing Board hearing).

Charges may be brought by any member of the campus community or by the University itself. When charges are brought against a student for violation of University policies, rules, or regulations, the following procedures will be in effect. Charges should be in writing and submitted to the Office of the Dean of Student Development. Any charge should be filed as soon as possible after the event takes place, preferably within one week’s time.

When the allegations of a given case are deemed serious, and/or may have a significant impact on the overall campus community, the Dean of Student Development reserves the right to convene the University Hearing Board to address the issue. Cases that are serious enough to warrant suspension or expulsion are required to be heard by the University Hearing Board. Alleged violations that are not deemed serious enough to warrant suspension or expulsion will normally be handled by the Dean of Student Development’s Office designee.

Cases to be Addressed by a Designee of the Dean of Student Development

Upon receipt of a charge or charges against a student, the alleged violator of the Code of Conduct will be sent a letter of notification. This letter will list the charge(s) against him or her, as well as a date and time to attend a hearing.
The student will also be notified of the right to bring witnesses to the hearing who have direct knowledge of the alleged infraction.

It will be made clear that a student has the right to waive the hearing. If the student chooses to exercise this right, he/she must do so in writing, notifying the hearing officers of whether or not he/she is taking responsibility for the infraction. At that time, the hearing officer will conduct an investigation, render a decision and impose a sanction if one is deemed appropriate. The student will receive in writing, the outcome of the investigation and the matter is then considered closed.
Failure to attend the hearing without prior notification, automatically waives a student’s right to participate in the hearing process. The investigation will proceed without the input of that individual.

Upon completion of a full investigation and after all hearings have been conducted, the student or students who have been charged will receive a letter to notify him/her of the outcome. This outcome is not subject to appeal.

Cases to be Addressed by the University Hearing Board

Upon receipt of serious charges to be brought before the University Hearing Board, the Dean of Student Development, or his designee, will direct, in writing, the student being charged to appear at a specified time and place and indicate the charges against him/her. This meeting serves as a pre-hearing conference, at which time the student will be informed of the specific dates and times of the alleged violation in addition to any details of the events which occurred. The student will also have an opportunity at this time to give additional information that should be presented to the University Hearing Board for review during the hearing.

Upon completion of this meeting, the following process will be conducted:

1. Written notification will be sent via certified mail to the alleged violators listing the following information:

notification of time and place of the hearing;
notification of the charges against him/her;
the right to have witnesses;
the right to have an advisor;
the right to present evidence;
the names of others who will be present at the hearing (if known);
the name and title of the hearing officer
the name of the complainant

2. The University Board Hearing will be closed to all members of the campus and outside community except those directly involved with the case. Both the complainant and the accused have the right to be assisted by an advisor of their choice. An advisor’s sole purpose will be to advise the complainant or accused during the hearing. (The advisor may not question witnesses or otherwise participate in the hearing.) An audio-taped record of the hearing is made and kept by the Dean of Student Development Office. All conversations of the University Hearing Board are confidential. The University Hearing Board will consist of a non-voting hearing officer and five (5) voting board members.

The hearing process will be conducted in the following manner:

All parties will be introduced by the hearing officer.
The hearing officer recites the charges against the student.
The student charged will plead, responsible or not responsible.
Relevant record, documents and written statements may be accepted as evidence for consideration by the University Hearing Board, at the Board’s discretion.
The complainant, the accused and the University Hearing Board shall have the privilege of presenting witnessed, subject to the right of cross-examination.
Witnesses are to be brought in separately and will leave after their testimony is taken.
The complaining party may present concluding remarks.
The students(s) charged may present concluding remarks.
All participants are excused from the hearing and are advised that results will be given, in writing, to the accused within seven (7) days.
Upon completion of the hearing, the University Hearing Board shall determine, by majority vote, whether the students has violated the Student Code of Conduct.

3. The University Hearing Board’s Determination shall be made on the basis of whether it is more likely than not that the accused student violated the Code of Conduct. To date, the function of William Paterson University Hearing Board has been to adjudicate allegations of serious violations of the Student Code of Conduct. The Board has been serving as a recommending body to the Dean of Student Development regarding sanctions to be imposed upon any student found responsible, as charged. This statement is to notify the community that as of January 18, 1999, the role of the University Hearing Board is to make final determinations, and the Dean of Student Development serves as the appellate arm of the judicial process.

All sanction recommendations, must be reviewed and approved by the Dean of Student Development. It will be the responsibility of the Dean of Student Development to advise the charged student(s) of the following within seven business days:

final decision in the case;
sanction, penalties and other stipulations or special requirements; and
right of appeal

The complaining party also has a right to be informed of the verdict.

4. The Appeal Process can only be implemented in cases where the outcome has

resulted in either suspension or dismissal. The charged student will have three (3) business days from the date the accused was informed of the decision to file a written appeal with the Dean of Student Development. In these cases, the decision of the Executive Vice President is final and there is no further recourse at the University. Appeals may be brought for the following reasons only:

severity of the sanction;
procedural error; or
new evidence

This code may be amended from time to time. If a change is made, students will be notified through advertisements in the student newspaper and by notices displayed around the University, and by whatever other means are deemed appropriated. Copies of the revised code will be available in the Office of the Dean of Student Development.

IV. Sanctions

The following sanctions may be imposed for violations of disciplinary regulations. All result in written notifications being places in the student’s disciplinary file, either in the Dean of Student Development’s Office or the Residence Life Office.

Official Warning

The student will receive written notification from the Dean of Student Development or his/her designee indicating that a violation of the Conduct Code has occurred and warning that a subsequent violation may be treated more severely.

B. Dean’s Office Probation

Students on Dean’s Office probation are no longer in good standing with the Office of the Dean of Student Development. Students on office probation are given one final opportunity prior to having restrictions placed upon their activities (minimum of one semester).

C. Disciplinary Probation

Students on disciplinary probation are no longer in good standing with the University (minimum of one semester). They cannot be members of recognized student organizations, serve as representatives of the University, or participate in intramural, club or intercollegiate sports for a period of time (minimum of one month). Even a minor violation of the Code, while on disciplinary probation, may result in suspension or expulsion from the University.

D. Restitution

The student is required to make payment to the University or to other persons, groups or organizations for damages incurred as a result of violations of this Code. This penalty may be imposed separately or in conjunction with other sanctions.

E. Other Sanctions

Other sanctions may be imposed in addition to, or instead of, thosedescribed in A through D. For example, students may have residence hall privileges limited or revoked. Work or research projects may be assigned or letters of apology suggested. Students may have community service projects assigned. Students who are found guilty of Code violations that involve alcohol abuse may be required to attend programs intended to inform them of alcohol’s use and abuses. There will be no refund of tuition if withdrawal from courses and/or campus residence is effected because of violations of the University Code of Conduct.

F. Suspension

The student may not be a registered student, be present on the campus, or attend a University-sponsored event for any reason whatsoever for a minimum of one semester.

G. Expulsion

The student may not ever again be a registered student, be present on the campus, or attend a University-sponsored event.

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

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

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

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

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

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