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ROWAN UNIVERSITY POLICY
Title: Student Code of Condu=
ct
Subject: Student Life
Policy No: SL: 2016:02
Applies: University-Wide
Issuing Authority: President
Responsible Officer: Vice President of Student Life/Dean of Students
Adopted: 07/01/2016
Last Revision: 09/01/2023
Last Reviewed: 09/01/2023
I. PURPOSE
The Student Code of Conduct (Code) is a d=
ocument intended to provide students, faculty, staff, and other interested =
parties with valuable resources. It contains specific information related t=
o the expectations, rights, and responsibilities of Rowan University (Rowan=
) students, student groups, and Rowan Choice students who live on campus.=
p>
II. ACCOUNTABILITY
Under the direction of the President, the=
Vice President of Student Life/Dean of Students shall implement and ensure=
compliance with this policy.
III. APPLICABILITY
This policy is applicable to all Rowan st=
udents, and Rowan Choice students living on-campus.
IV. DEFINITIONS
See Attachment 1 =E2=80=93 Definitions
V. REFERENCES
- RowanSOM S=
tudent Responsibilities, Rights and Disciplinary Procedures
- RowanSOM Student Handbook
- Honor Code and Professional Conduc=
t sections of the [Cooper Medical School of Rowan University] Student Handb=
ook
- Student Handbook [Graduate School of Biomedic=
al Sciences] Handbooks and Catalogs | Graduate School of Biomedi=
cal Sciences | Rowan University
VI. POLICY
Rowan is an academic community which has instituted this Code to set for=
th standards, expectations, rights, and responsibilities consistent with it=
s purpose as an educational institution. The University reaffirms the princ=
iple of student freedom; however, these tenets are coupled with an acceptan=
ce of full responsibility for one's behavior and the associated consequence=
s. Rowan recognizes the rights of its students guaranteed by the Constituti=
ons of the United States and the State of New Jersey. These include a stude=
nt's rights to freedom of speech, expression, inquiry, assembly, peaceful p=
ursuit of an education, reasonable use of services and facilities of the Un=
iversity, and the presumption of innocence.
Rowan promotes a diverse community that begins with students, faculty, s=
taff, and administration who respect each other and value each other=E2=80=
=99s dignity. By identifying and removing barriers and fostering individual=
potential, Rowan will cultivate a community where all members can learn an=
d grow. The Rowan community is committed to promoting a safe environment th=
at encourages intellectual, academic, and social interaction and engagement=
across multiple intersections of identities. At Rowan, creating and mainta=
ining a caring community that embraces diversity in its broadest sense is a=
mong the highest priorities.
As an institution of higher education, Rowan has the responsibility to e=
xpose students to educational opportunities that promote growth, developmen=
t, and exposure to diverse and differing perspectives. As a result, d=
esignated University Officials have the right to engage in conversations wi=
th students in an effort to provide educational opportunities independent o=
f any level of responsibility for violations of the Code. While it is the g=
oal of the disciplinary process to educate students as to the purpose and i=
mportance of abiding by the Code, the University will also issue sanctions =
as appropriate and necessary to ensure continued and/or future adherence to=
this Code, and to protect the University community from disruptive behavio=
r.
In addition to the Code, students must recognize and comply with the sta=
ndards of classroom behavior as stated in their individual course syllabi. =
This document and supporting materials have been developed to guarantee pro=
cedural fairness to students when there has been an alleged failure to abid=
e by Rowan policies and regulations. Procedures may vary in formality given=
the gravity and nature of the offense and the sanctions that may be applie=
d. Each student is responsible for reading and complying with the Code.
- Authority
- The Vice President of Student Life/Dean of Students or designees has th=
e responsibility for maintaining and implementing the Code. In a situation =
where a student's health or safety is seriously endangered, the Vice Presid=
ent of Student Life/Dean of Students or designees has the authority and wil=
l make every attempt to notify the student's parent/guardian as soon as pos=
sible.
- Violation of Law and University Discipline
- Students may be accountable to multiple authorities for acts which viol=
ate the Code. University disciplinary action will normally proceed during t=
he pendency of criminal proceedings. The University reserves the right to r=
each its own determination on violations of this Code independently of the =
outcome of any civil or criminal proceedings. Authorities include, but are =
not limited to,
- Civil
- Criminal
- Local
- University Code
- University Policies
- Conduct Rules
- Individual students and student organizations are expected to abide by =
the Conduct Rules and Regulations (see Attachment 3), and administrators ar=
e expected to enforce them. Additional rules and regulations may be promulg=
ated during the year; announcements will be made upon adoption of the chang=
es or additions. Attempting, abetting, or being an accessory to any act pro=
hibited by the Code will be considered the same as a completed violation.=
li>
- Rowan Global Students
- Rowan students in online or hybrid courses must also meet the "conduct"=
expectations as listed at www.rowanonline.com. Students par=
ticipating in off-site Rowan Global Extension programs will also be expecte=
d to follow the guidelines provided by that facility. Questions should be d=
irected to Academic and Student Services, Office of Graduate Studies, Divis=
ion of Global Learning & Partnerships at global@rowan.edu.=
li>
- Violation Levels
- Violations of the Code are generally adjudicated based upon their magni=
tude or seriousness. Multiple violations, or the severity of a single viola=
tion, may increase the given sanctions. Some acts of misconduct may fall wi=
thin two or more standards of the Code. In such cases, the University has t=
he right to impose all of the sanctions available for all of the violations=
(Attachment 8).
- Appeals
- Upon receiving notification of the outcome of a case, the Respondent, C=
omplainant, victim (in cases of "crimes of violence" covered under this Cod=
e) or the Vice President of Student Life/Dean of Students or designee (in C=
ampus Hearing Board cases) may file an appeal as outlined in Attachment 9. =
The appeals process described will be the final step in the discipline proc=
ess and constitutes final University action.
- Procedures for Interim Suspension of Course participation, presence on =
Campus or Residence Areas and participation in University Related Activitie=
s
- A student may be suspended from continuing participation in coursework,=
being present on the campus or in campus residence areas, or from particip=
ation in University related activities for an interim period pending a disc=
iplinary hearing. The interim suspension is effective immediately without p=
rior notice whenever there is evidence that the continued presence of the s=
tudent on the campus may pose a substantial threat to others in the Univers=
ity or to the stability and/or continuance of normal University functions. =
(Refer to Attachment 10)
- Conduct Code Violations' Effect upon Graduation
- A student found responsible for violations of the Code, which could hav=
e led to expulsion or suspension had s/he/they remained a registered studen=
t at the University, and who has otherwise satisfied the University's publi=
shed requirements for graduation, may have the awarding of his/her/their de=
gree postponed to a future date or permanently withheld. A student whose gr=
aduation is postponed or permanently withheld may also be refused a copy of=
his/her official transcript and cannot have it sent to others during the p=
eriod of his/her/their sanction. In cases where graduation is delayed due t=
o pending charges, cases normally will be adjudicated within as short a per=
iod of time as is practicable.
- Release of Disciplinary Record Information
- In accordance with current guidelines established in the Family Educati=
onal Rights and Privacy Act (FERPA) and implemented by Rowan, the record of=
most disciplinary proceeding's findings is not open to the public or discl=
osure to a third party without the consent of the individual student.
- The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime =
Statistics Act, the N.J. Sexual Assault Victim's Bill of Rights, and/or 34 =
CFR 668.47(a)(12) (vi) and the Violence Against Women Act of 1994 (42 U.S.C=
13925 (a)) does permit the disclosure of campus discipline system findings=
to victims of "crimes of violence." In addition, FERPA permits, once all a=
ppeals are exhausted, the final results of campus disciplinary hearings for=
crimes of violence to be publicly disclosed, including the name of the Res=
pondent(s) held responsible and the nature of the offense.
- Parents or guardians may be notified for cases involving certain crimes=
of violence and in certain cases involving violations of campus drug or al=
cohol regulations, when the student is a dependent (as defined in Section 1=
52 of the Internal Revenue Code of 1986) or when the Vice President of Stud=
ent Life/Dean of Students or designee deems the matter to have been a healt=
h or safety emergency. Complainants in other types of cases will be notifie=
d about case adjudication and sanctions imposed if, in the Vice President o=
f Student Life/Dean of Students or designee's opinion, such disclosure is n=
ecessary to protect the safety of the Complainant or of other members of th=
e University community.
- If FERPA or other pertinent regulations change, the students involved w=
ill be notified before a hearing is held. Information regarding FERPA Direc=
tory Information and the disclosure of information can be found on the Offi=
ce of the University Registrar website at =
rowan.edu/provost/registrar/ferpa.html<=
em>.
- The Office of Community Standards does not maintain or r=
elease police reports. Any request for a police report associated with a di=
sciplinary case must be made to the issuing police department.
- Record Keeping
- The Office of Community Standards will maintain student disciplinary fi=
les, which contain all necessary and appropriate correspondence, Hearing Of=
ficer, Hearing Board, and appeal decisions as well as other documentation p=
ertinent to any cases for which a student was found responsible for a viola=
tion of the Code. Records of cases that are designated as "pending" will al=
so be maintained. Student disciplinary files will be maintained as follows:
- Disciplinary records will normally be maintained for a period of seven =
(7) years after the last year of the student's attendance at the University=
. The destruction of student disciplinary records is coordinated with=
the Office of Contracting & Procurement utilizing Artemis (Records Ret=
ention and Disposition Management System) and in accordance with the State =
of New Jersey Records Retention Policy.
- Records that are typically maintained are:
- Letters of communication
- Evidentiary materials
- Hearing Decision Letters
- Appeal Letters
- The disciplinary records of students who were Suspended or Expelled wil=
l be maintained indefinitely.
- Timelines
- All times set in the Code may be extended by the University, for good c=
ause. Reasonable extensions will be determined by the Vice President of Stu=
dent Life/Dean of Students or designee.
- Interpretation and Revision
- Any question of interpretation regarding the Code will be referred to t=
he Vice President of Student Life/Dean of Students or designee for final de=
termination. The Code may be periodically reviewed and amended as necessary=
under the direction of the Vice President of Student Life/Dean of Students=
or designee.
VII. ATTACHMENTS
- Attachment 1 =E2=80=93 Definitions
- Attachment 2 - Complaints Against Students, Student Groups and Non-Stud=
ents
- Attachment 3 - Conduct Rules
- Attachment 4 - Disciplinary Procedures
- Attachment 5 - Campus Hearing Board
- Attachment 6 - Rights In All Disciplinary Hearings
- Attachment 7 - Sanctions
- Attachment 8 - Application of Standard Sanctions
- Attachment 9 - Appeals
- Attachment 10 - Procedures for Interim Suspension of Course participati=
on, presence on Campus or Residence Areas and participation in University R=
elated Activities
- Procedures for Addressing Allegations of Discrimination, Harassment, an=
d Retaliation (Student v. Student)
- Procedures for Addressing Off-Campus Concerns
- Non-Response Policy
ATTACHMENT 1
DEFINITIONS
- Administrative Hearing Officer refers to a University off=
icial designated by the Vice President of Student Life/Dean of Students (or=
designee) to hold a hearing to determine whether a student has violated th=
e Code and, if so, to impose sanctions.
- Campus Appeals Officer/Board refers to the person or grou=
ps of persons authorized by the Vice President of Student Life/Dean of Stud=
ents (or designee) to consider an appeal from a hearing officer/hearing boa=
rd=E2=80=99s determination that a student has violated the Code or from the=
sanctions imposed.
- Campus Hearing Board refers to person or groups of person=
s designated by the Vice President of Student Life/Dean of Students (or des=
ignee) to determine whether a student has violated the Code and, if so, to =
impose sanctions.
- Complainant is an individual or group of individuals who repor=
ts having experienced prohibited conduct and/or concerns regardless of whet=
her the individual makes a report and/or seeks disciplinary action.
- Crimes of Violence (including forcible and non-forcible s=
ex offenses) refers to a set of crimes which includes arson, aggravated ass=
ault, simple assault, intimidation), burglary, criminal homicide - manslaug=
hter by negligence, criminal homicide - murder and negligent manslaughter, =
non-negligent manslaughter, destruction/damage/vandalism of property, kidna=
pping/abduction, robbery, domestic violence, dating violence, and stalking,=
rape, sodomy, sexual assault with an object, fondling, incest and statutor=
y rape. (Some of these crimes/offenses may be covered under the University'=
s Title IX Sexual Harassment/Sexual Assault Policy or Student Sexual Miscon=
duct and Harassment Policy. To the extent they are covered by either o=
f those policies, the conduct will be addressed in accordance with that app=
licable policy. If neither of those policies apply, the conduct may b=
e addressed under the Code of Conduct.)
- Email: the official Rowan email account for a student. All off=
icial disciplinary-related communications will be sent to the Rowan email o=
f a student. It is the responsibility of students to check their email on a=
regular basis. Failure to check an email account does not establish cause =
to alter timelines and/or decisions. If the Rowan email for a student has b=
een deactivated, communication may be sent to the student=E2=80=99s address=
of record.
- Family Educational Rights and Privacy Act (FERPA): a federal l=
aw that affords students enrolled in a postsecondary institution (no matter=
their age) the right to access, amend, and have some control over the disc=
losure of personally identifiable information from their educational record=
s.
- In absentia: by definition means in the absence of the student=
. Matters for which students elect not to respond to communication and/or a=
ttend scheduled sessions will be adjudicated in absentia without f=
eedback from the non-responsive party.
- May is to be deemed permissive, imparting a choice.
- Member of the University Community includes any person wh=
o is a student, faculty member, University official, or any other person em=
ployed by the University. A person's status in a particular situation will =
be determined by the Vice President of Student Life/Dean of Students.
- Not Responsible: a finding that a student or group has been found not t=
o be in violation of the Code using the standard of preponderance.
- Organization means any number of persons who have complie=
d with the formal requirements for University recognition. This term also a=
pplies to persons involved in petitioning for recognition. (Greek Letter Or=
ganizations are also subject to the disciplinary procedures outlined by Gre=
ek Life.)
- Preponderance: the standard of proof used in all conduct-relat=
ed matters. This standard is met when there is greater than (no matter how =
small) a 50% chance that a perspective is true or false.
- Respondent: an individual or group about which an allegation h=
as been made by another party.
- Responsible: a finding that a student or group has been found in violat=
ion of the Code using the standard of preponderance.
- Rowan: means Rowan University.
- Student Conduct Informational Meeting: a meeting between a stu=
dent and a designated University Official intended to ensure that a student=
is fully aware of the conduct process. It may also be referred to as =E2=
=80=9CSCIM=E2=80=9D.
- Special Interim Hearing Board refers to a group of person=
s designated by the Vice President of Student Life/Dean of Students (or des=
ignee) to determine whether a student has violated the Code and, if so, to =
impose sanctions when a Campus Hearing Board cannot convene.
- Student includes all persons enrolled in courses at Rowan=
, both full-time and part-time, pursuing undergraduate or graduate studies,=
and those who live in campus living units. Persons who are not officially =
enrolled for a particular term but who have a continuing relationship with =
the University, such as students who were previously enrolled, withdraw/tak=
e a leave of absence, persons participating in University sponsored academi=
c programs and students who are serving a period of suspension, are conside=
red "students."
- University means Rowan University.
- University Official includes any person employed by Rowan=
, performing assigned administrative or professional responsibilities.
- University Premises includes all land, buildings, facilit=
ies, and other property in the possession of or owned, used, or controlled =
by Rowan, including adjacent streets and sidewalks.
- University-Sponsored/Affiliated Event means any activity =
on or off campus, which is initiated, aided, funded, or supervised by the U=
niversity or the Student Government Association.
- Will is to be used in the imperative sense, not imparting=
a choice.
- Witness refers to a person who has personal knowledge of =
the incident in question.
ATTACHMENT 2
C=
OMPLAINTS AGAINST STUDENTS, STUDENT GROUPS, AND NON-STUDENTS
- Complaints Against Students
- The Code applies to all undergraduate and graduate students, as well as=
Rowan Choice students, from the time they accept admission through the dat=
e of their graduation. This includes, but is not limited to, new students a=
t Orientation and the Pre-College Institute, persons not currently enrolled=
but who are still seeking a degree from Rowan, and any other person enroll=
ed in a credit earning course offered by Rowan.
- The Code also applies to any person who has graduated if the University=
determines that his/her/their graduation or receipt of credit may involve =
misconduct while he/she/they was working toward a degree (in such cases, de=
gree revocation may be a sanction).
- Adjudication of any alleged violation will continue even if a student t=
akes a leave of absence or withdraws. Discipline may be imposed on students=
for conduct which occurs on University premises, in or out of the classroo=
m setting, while using University technology, at off-campus instructional s=
ites or during off-campus University affiliated events where students are r=
epresenting the University. A University affiliated event is defined as an =
off-campus gathering of members of the Rowan community (and/or their guests=
) which is sponsored or funded in whole or in part by Rowan.
- Private off-campus events which are not sponsored or funded by Rowan wi=
ll also be subject to the University discipline system if the conduct viola=
tes University regulations or local, state, or federal law, or when the Uni=
versity determines that the conduct has a direct impact on the educational =
mission and interests of the University and/or the safety and welfare of th=
e University community.
- The University reserves the right to hold a student responsible for act=
ions at their residence even if they were not present at the time of the in=
cident. In such a case, the student would be required to produce confirming=
evidence that s/he/they was not involved.
- The Code may also be applied to conduct online and via email or other e=
lectronic media. Students/Organizations should be aware that online posting=
s such as blogs, web postings, chats and social networking sites are in the=
public sphere and are not private postings that indicate possible miscondu=
ct may subject a student and/or organization to allegations of conduct viol=
ations except for cases in which a member of the University community is le=
gally exercising their First Amendment rights.
- Complaints Against Student Groups
- Members of recognized and unrecognized student organizations, groups an=
d teams may be charged as an organization and/or individually with violatio=
n(s) of the Code. The organization/group/team will be represented by the pr=
esident or identifiable spokesperson in any disciplinary hearing. (Greek Or=
ganizations charged with a violation of the Code are also subject to the pr=
ocedures outlined by Greek Life. Student-athletes are also subject to the S=
tudent-Athlete Handbook.)
- Complaints Against Non-Students
- Persons who are not students but who violate Federal, State, or local l=
aws, or University regulations while on campus may be subject to arrest, im=
mediately banned and/or may have their campus visitation privileges limited=
or revoked. University officials may file criminal charges against guests =
or other visitors who violate laws while on campus. Campus hosts may be hel=
d responsible for their guests' behavior. Non-students who are banned from =
the campus have the right to appeal that determination by writing to the As=
sistant Vice President for Public Safety & Emergency Management.
ATTACHMENT 3
CONDUCT RULES
Individual students and student organizations are expected to abide by t=
he following rules and regulations, and administrators are expected to enfo=
rce them. Additional rules and regulations may be promulgated during the ye=
ar; announcements will be made upon adoption of the changes or additions. A=
ttempting, abetting, or being an accessory to any act prohibited by the Cod=
e will be considered the same as a completed violation.
- Violating University Rules: Violating University rules, regulations and=
policies, whether on or off campus.
- Academic Integrity: Engaging in academic dishonesty as defined by Rowan=
(Students charged with a violation of this section of the Code are subject=
to the procedures outlined in the Academic Integrity Policy). This include=
s, but is not limited to,
- Cheating (including the use of unacknowledged academic sources)
- Fabrication
- Facilitating Academic Dishonesty
- Plagiarism.
- False Information to an Official: Furnishing false information to any U=
niversity Official.
- Forgery: Fraudulent use and/or creation of University documents, record=
s, identification cards, other official University database files, or other=
misuse or abuse of the University's computerized systems. This includes, b=
ut is not limited to,
- Alteration
- Forgery
- Misuse
- Using the ID Card, Key, and/or Fab of another person
- Disruptive Activity: Engaging in disruptive activity which substantiall=
y disrupts or poses a tenable threat of disrupting teaching, research, admi=
nistration, disciplinary procedures, public service functions, typical Univ=
ersity operations, or other University authorized activities, or which subs=
tantially interferes with the rights of others, on University premises.
- Misuse of property. This includes, but is not limited to,
- Obtaining property under false pretenses.
- Possessing or receiving stolen property.
- Damage to Property: Actual or threat of damaging or destroying property=
.
- Harm to Person: Engaging in conduct which threatens or endangers the he=
alth or safety of any person (including self). Includes, but is not limited=
to:
- Bullying
- Coercion
- Harassment
- Intimidation
- Attempted or Actual Physical Abuse or Restraint of another.
- Stalking
- Threats
- Written, verbal, physical, electronic acts or gestures, whether single =
incidents or a series of incidents, that can be reasonably perceived as bei=
ng motivated by actual or perceived characteristics protected under the New=
Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et. seq. that takes pla=
ce on Rowan property or at any function affiliated/sponsored by Rowan that =
substantially disrupts or interferes with the orderly operation of the Univ=
ersity or the rights of other students and is not otherwise protected by th=
e Constitutions of the United States and the State of New Jersey and that:
- A reasonable person should know, under the circumstances, will have the=
effect of physically or emotionally harming a student or damaging the stud=
ent's property, or placing a student in reasonable fear of physical or emot=
ional harm to his person or damage to his property.
- Has the effect of insulting or demeaning any student or group of studen=
ts in such a way as to cause disruption in, or interference with, the order=
ly operation of the University.
- Creates a hostile educational environment for the student at the Univer=
sity.
- Infringes on the rights of the student at the University by interfering=
with a student's education or by severely or pervasively causing physical =
or emotional harm to the student.
- Title IX Sexual Harassment/Sexual Assault Policy or Student Sexual Misc=
onduct and Harassment Policy: Engaging in conduct that is a violation of th=
e University's Title IX Sexual Harassment/Sexual Assault Policy or Student =
Sexual Misconduct and Harassment Policy.
- Invasion of Privacy: Invasion or violation of an individual's rights. I=
ncludes, but is not limited to,
- Terroristic threats
- Illegal or unauthorized surveillance
- Imposing physical or mental restraints on others
- Engaging in obscene verbal or written communication
- Verbally confronting a person using obscenities or fighting words likel=
y to incite immediate physical altercation.
- Making, attempting to make, live streaming, transmitting, or attempting=
to transmit audio, video, or images of any person(s) on or off campus in b=
athrooms, showers, bedrooms, common areas of suites or apartments, medical =
examination rooms, training rooms, or other premises where there is an expl=
icit expectation of privacy with respect to nudity and/or sexual activity, =
without the knowledge and consent of all participants subject to such recor=
dings and/or transmissions.
- Viewing any person(s) on or off campus in bathrooms, showers, bedrooms,=
common areas of suites or apartments, medical examination rooms, training =
rooms or other premises where there is an explicit expectation of privacy w=
ith respect to nudity and/or sexual activity, without the knowledge and con=
sent of all participants.
- Alcohol: Possessing, consuming, and/or distributing, or attempting to d=
istribute alcoholic beverages in contravention of federal, state or local l=
aws, or University regulations, or knowingly being present at the time of t=
he prohibited conduct.
- Drugs/Paraphernalia: Possessing, using, manufacturing, distributing, or=
attempting to distribute narcotics, dangerous drugs, controlled dangerous =
substances, or drug paraphernalia that are prohibited by federal, state or =
local laws, or University policies, or knowingly being present at the time =
of the prohibited conduct.
- Weapons: Possessing or using a firearm, BB gun, carbon dioxide propelle=
d gun, explosive, dangerous chemical, knife, martial arts equipment, or oth=
er dangerous weapon as a means to threaten or intimidate another person and=
/or in contravention of federal, state or local laws, or University policie=
s and procedures.
- Disorderly Conduct: Causing noise or a disturbance. Exhibiting disorder=
ly, lewd, indecent, or obscene conduct or exhibitionism.
- Unauthorized use of University Resources: Using the University's name, =
logo, finances, materials, and supplies (including letter templates or stat=
ionery bearing the University's letterhead), or facilities (including compu=
ter facilities) for commercial, personal or political purposes without auth=
orization.
- Failure to Comply with an Official: Refusing or failing to comply with =
a request, directive, or order from a University official, including Public=
Safety officers, members of the University administrative staff or other a=
uthorized persons acting in the performance of their official duties and re=
sponsibilities.
- Public Health Compliance: Engaging in behavior that places other member=
s of the University community at risk and/or refusing to comply with reques=
ts from University Officials related to matters of health safety. Exa=
mples include, but are not limited to, refusing to wear face coverings to p=
revent the spread of diseases, refusal to complete required health and safe=
ty educational programs, and failure to adhere to occupancy/social distanci=
ng guidelines during times of elevated health-related concerns.
- Unauthorized Access: Entering into and/or using of University facilitie=
s/equipment, including but not limited to, residential facilities, library,=
athletic facilities and equipment, galleries, classrooms, computers, or co=
nfidential files without authorization.
- Disorderly/Disruptive Behavior Off-Campus: Engaging in off-campus actio=
ns and/or behaviors that violate laws and regulations of federal, state, an=
d local agencies, as well as policies of the University.
- Abuse of the Student Discipline System: Abusing the Student Discipline =
system, including but not limited to, noncompliance with a disciplinary san=
ction, falsification of information, and disruption of a hearing.
- Use of Technology to Harass: Using information and communication techno=
logies including, e-mail, voicemail, telephones, cell phones, text or elect=
ronic messaging, web-cameras, or websites to engage in harassment, intimida=
tion, bullying (as defined in #7 above), or in any behavior which violates =
the law, University policies or the Code.
- Use of Public Medium for Violation: Initiating behavior that violates t=
he law, University policies, or the Code and placing evidence of that behav=
ior on a public website or other public medium.
- Arson/Fire Safety: Starting a fire or creating a fire hazard on Univers=
ity-owned or operated property. Willful damage to property by fire shall be=
prosecuted as arson when appropriate. Pulling a fire alarm when a fire-rel=
ated emergency is not present. Altering, damaging, and/or removing fire equ=
ipment.
- Hazing: Engaging in a manner that a reasonable person would conclude en=
dangers the mental or physical health or safety or which may demean, disgra=
ce, or degrade any person, regardless of location, intent, or consent of pa=
rticipant(s). Although hazing is generally related to a person=E2=80=99s in=
itiation or admission into, or affiliation with, any group or organization,=
it is not necessary that a person=E2=80=99s initiation or continued member=
ship is contingent upon participation in the activity, or that the activity=
was sanctioned or approved by the organization, for a charge of hazing to =
be upheld. The actions of active, associate, new, and/or prospective member=
s of an organization may be considered hazing. Includes, but is not limited=
to,
- Unreasonable interference with a student's academic performance
- Forced or coerced consumption of food, alcohol, drugs, or any other sub=
stance
- Forced or coerced wearing of apparel which is conspicuous and/or inappr=
opriate
- Forced or coerced exclusion from social contact
- Branding
- Creation of unnecessary fatigue
- Deprivation of basic needs such as food, shelter, sleep, or water
- Beating, whipping, or paddling in any form
- Line-ups and berating
- Physical and/or psychological shocks
- Personal servitude (to include mandatory designated driving)
- Kidnapping or abandonment
- Interviewing of membership
- Possession of required items (example: a new member must always be in p=
ossession of a ping-pong ball)
- Unreasonable exposure to the weather
- Any activity subjecting a person to embarrassment, degradation or humil=
iation
- Expectation of participation in activities that are unlawful, lewd or i=
n violation of University policy.
- Sexual Misconduct: engaging in behaviors and/or actions which are sexua=
l in nature without consent. These may include, but are not limited to, dat=
ing violence, domestic violence, sexual contact, sexual penetration, sexual=
exploitation, sexual harassment and stalking. Matters related to sexual mi=
sconduct will be evaluated by the Office of Student Equity and Compliance f=
or possible violations of Title IX standards. Allegations not meeting that =
threshold may be referred for adjudication as a possible violation of the C=
ode.
- Discrimination: actions that are intended to treat others in a differen=
t or unfair manner based on their actual or perceived race, religion, natio=
nal origin, gender, sexual orientation, gender identity or expression, disa=
bility, and other protected characteristics.
- Retaliation: any adverse actions taken against a person because of that=
person=E2=80=99s participation in a complaint, investigation, or legitimat=
e process. Such actions are treated as a separate violation and will result=
in immediate action by the University to stop the retaliatory behavior, pr=
event further violations by the perpetrator, and remedy any adverse impact =
of the violation.
ATTACHMENT 4
D=
ISCIPLINARY PROCEDURES
Each campus will establish its student disciplinary procedures; however,=
the Code is applicable to all Rowan students. As a result, the University =
reserves the right to use the protocols outlined in this Code to adjudicate=
any alleged violations upon written notice to Complainants and Respondents=
.
Rowan University School of Osteopathic Medicine.
Disciplinary procedures are found in the =
Student Rights, Responsibilities and Disciplinary Procedures section of the=
Education Handbook. Please consult the Rowan University School=
of Osteopathic Medicine website (http://www.=
rowan.edu/som/education/student_affairs/).
Cooper Medical School of Rowan University
Disciplinary procedures are found in the =
Honor Code and Professional Conduct sections of the [Cooper Medical School =
of Rowan University] Student Handbook . Please consult the=
Cooper Medical School of Rowan University website (http://www.rowan.edu/coopermed/students/student_affairs/)=
.
Rowan University Graduate School of Biomedical Sciences
Disciplinary procedures are found in the =
Student Rights, Responsibilities and Disciplinary Procedures section of the=
Student Handbook. Please consult the Rowan University Graduate=
School of Biomedical Sciences website (https://w=
ww.rowan.edu/gsbs/current/handbook.php)
Rowan University =E2=80=93 Glassboro Campus =E2=80=93 Rowan Choice
Due to the unique nature of the program, =
Rowan Choice students are accountable for adherence to the Rowan University=
Student Code of Conduct (Code) and the policies of the institution(s) in w=
hich they are enrolled students. As a result, Rowan Choice students may be =
required to participate in multiple sessions to adjudicate any alleged viol=
ations depending upon the nature of the allegation(s).
Rowan University - Glassboro Campus
- Filing a Complaint
Complaints against students/organizations may be made by any student, emplo=
yee, or guest of the University who feels the Code has been violated. A com=
plaint must be made in writing to the Office of Community Standards, (Chamb=
erlain Student Center, Suite 210) or Vice President of Student Life/Dean of=
Students (Salvitz 339) within a reasonable amount of time after the occurr=
ence. This will normally be construed to mean within 30 calendar days, unle=
ss unusual circumstances exist, or it is an alleged crime that the Universi=
ty must report under the Jeanne Clery Disclosure of Campus Security Policy =
and Campus Crime Statistics Act. The =E2=80=9CCommunity Standards Referral =
Form=E2=80=9D can be accessed at https://cm.maxient.com/reportingform.php? RowanUniv&layout_id=3D6. The complaint =
should include as much detail concerning the alleged violation as possible =
and include the specific reference to the part of the Code the Complainant =
feels has been violated. The University reserves the right to investigate a=
ny reported incident, including those alleging biased behavior. Perceived c=
riminal activity should be reported immediately to Public Safety, which wil=
l submit its report of a student violation to the Office of Community Stand=
ards. Whenever a complaint provides evidence that the continued presence of=
the Respondent(s) on the campus may pose a substantial threat to herself/h=
imself, others in the University, or to the stability and/or continuance of=
normal University functions the University reserves the right to impose an=
interim suspension from classes, residence areas, or the entire campus pen=
ding a disciplinary hearing (refer to Attachment 10 for a complete descript=
ion of procedures).
The following guidelines will be used to determine if a Student Organizatio=
n/Group/Team would be charged with a violation of the Code:
- When one or more officers/authorized representatives/captains acting in=
the scope of their capacities committed the violation.
- When one or more members committed the violation after the action that =
constitutes the violation was approved by a vote of the organization/group/=
team or was part of a committee assignment of the organization/group/team.<=
/li>
- When the violation was committed at an activity funded by the organizat=
ion/group/team.
- When the violation occurred as a result of an event sponsored by the or=
ganization/group/team.
- When one or more members of an organization/group/team or its officers/=
authorized representatives/captains permitted, encouraged, aided, or assist=
ed in committing a violation.
- When a reasonable person would construe the violation as being associat=
ed with the organization/group/team
- Adjudication of Complaints
- The Assistant Dean of Students or designee will review the complain=
t and determine whether it should be adjudicated by the student discipline =
system, and, if so, the appropriate adjudicator will be determined. The rev=
iew of the complaint may not require meeting with all parties, and the Assi=
stant Dean of Students or designee will determine what meetings are necessa=
ry. For any disciplinary action for which sanctions may be imposed, the Res=
pondent(s) will have his/her/their case heard before one of the following a=
djudicators:
- Administrative Hearing Officer =E2=80=93 If the alleged violat=
ion is one for which the student/organization could not be suspended or exp=
elled from the University, the complaint will be heard by an Administrative=
Hearing Officer.
- Campus Hearing Board =E2=80=93 If the alleged violation i=
s one for which the student/organization could likely be suspended or expel=
led from the University, the complaint will be heard by the Campus Hearing =
Board. (refer to Attachment 5 for additional information concerning the Cam=
pus Hearing Board) A hold and a transcript notation indicating =E2=80=9CPen=
ding Discipline=E2=80=9D will also be placed on the Respondent=E2=80=99s tr=
anscript.
- Special Interim Hearing Board - If the Campus Hearing Boa=
rd cannot meet, a Special Interim Hearing Board will be appointed at the di=
scretion of the Office of Community Standards to expedite adjudication of s=
tudent disciplinary cases under the following conditions:
- An interim suspension has been issued (see Attachment 10), or
- The case will be adjudicated when the Campus Hearing Board cannot conve=
ne (for example, final exam week, vacation periods, or summer school, etc.)=
- Given the sensitive nature and the unique legal issues related to cases=
involving sexual misconduct, sexual harassment and sexual assault complain=
ts, they will be addressed under the University's Title IX Sexual Harassmen=
t/Sexual Assault Policy or Student Sexual Misconduct and Harassment Policy.=
To the extent such conduct may not be covered under either of those =
policies, it may be addressed under this Code.
- Although the default method will be in-person sessions, the University =
will determine if the disciplinary hearing will take place in person or vir=
tually.
- Situations that do not warrant adjudication by the Office of Community =
Standards may be referred to the Vice President of Student Life/Dean of Stu=
dents or designee for adjudication and/or educational discussions to addres=
s allegations.
- All matters referred to an adjudicating administrator or body will begi=
n with individual meetings to initiate a Student Conduct Informational Meet=
ing (SCIM) document.
- Notification
- When it is determined that a complaint will be adjudicated by the stude=
nt disciplinary system, the Respondent(s) will be notified of the alleged v=
iolation in writing (the "Hearing Notice") via a tracked letter sent to the=
student=E2=80=99s Rowan email address. This is the official method of noti=
fication and students are responsible for checking their University email a=
ddress daily. The Hearing notice will state what portion of the Code was al=
legedly violated. The student will be notified of the hearing date in the H=
earing Notice. The student will receive notice of a hearing at least three =
(3) business days prior to an Administrative Hearing and five (5) business =
days prior to a hearing before the Campus Hearing Board or Special Interim =
Hearing Board.
- If the Respondent or Complainant (if applicable) fails to attend the he=
aring, except when there is a justifiable reason (serious illness or hospit=
alization, death of member of immediate family, serious physical emergency,=
arrest or incarceration, or unavoidable transportation delay), the hearing=
will proceed in absentia and a finding will be reached based upon=
the available information. No negative inference will be made from a failu=
re of the Respondent or Complainant to appear, participate, or speak during=
a hearing.
- All participants have the right to select an Advisor of his/her/their c=
hoosing, including an attorney. Advisors are expected to communicate privat=
ely with the student in a non-disruptive manner. Advisors may have no other=
role in the hearing/case and are not permitted to speak on behalf of the s=
tudent, ask questions, or appear in lieu of the student/organization. Advis=
or availability will not be sufficient grounds for postponing a hearing. A =
hearing will not be cancelled or postponed in the event an Advisor does not=
attend. If the Advisor is not able to attend, the Respondent or Complainan=
t should arrange for a substitute.
- A student who wishes to have an attorney as an Advisor must inform the =
Office of Community Standards in writing, by telephone, or electronic mail =
at least one (1) business day prior to a hearing. If a Complainant, Respond=
ent, or other participant informs the University that an attorney will be p=
resent at the hearing, the University will decide if legal counsel for the =
University should also be present.
- Both the Respondent and the Complainant have the right to request witne=
sses to provide information at the hearing. Witnesses must have personal kn=
owledge of the incident at issue and may serve no other role at the hearing=
/case. Witnesses may be present at the hearing only at the time they are ca=
lled to participate. A hearing will not be cancelled or postponed if a sche=
duled witness does not attend.
- Written statements of witnesses not in attendance due to extraordinary =
circumstances may be considered by Hearing Officer or the Campus Hearing Bo=
ard. Character witnesses are considered irrelevant and will not be permitte=
d to participate. A list of witnesses must be submitted to the Office of Co=
mmunity Standards at least one (1) business day prior to the hearing for ap=
proval and notification to other parties. The list should include each witn=
ess' name and a summary of the information s/he/they is expected to provide=
.
- Administrative Agreement/Hearing Waiver
- The Respondent and Complainant will also be informed if the disciplinar=
y complaint can be resolved by completing an Administrative Agreement/Heari=
ng Waiver. An Administrative Agreement/Hearing Waiver would be completed on=
ly when there is acknowledgement of responsibility on the part of the Respo=
ndent and agreement, by all parties including the Complainant, and/or victi=
m that the sanction(s) imposed are reasonable and fair.
- The sanction will reflect the severity of the current charge(s) against=
the student/organization, as well as any previous disciplinary sanctions. =
All participants will also waive the rights to have the complaint adjudicat=
ed at a disciplinary hearing and appeal. Should the Respondent not accept r=
esponsibility for the charges, nor accept the proposed sanction(s), then ap=
pearance at the disciplinary hearing is required.
- Administrative Hearing Officer Procedures
- A student/organization may challenge the assignment of a specific heari=
ng officer to his/her/their case for good cause. This challenge must be pre=
sented in writing to the Office of Community Standards at least one (1) bus=
iness day prior to the scheduled date of the hearing. Upon reviewing the de=
tails of the challenge, the Assistant Dean of Students or designee will eit=
her uphold the challenge and appoint an alternate hearing officer and arran=
ge a new hearing or deny the challenge.
- A hearing officer will withdraw from adjudicating any case in which he/=
she/they cannot reach a fair and objective decision.
- The hearing officer will exercise control over the manner in which the =
hearing is conducted to avoid unnecessarily lengthy hearings and to prevent=
the harassment or intimidation of witnesses. This includes, but is not lim=
ited to, rejecting redundant or irrelevant questions and imposing reasonabl=
e limits on the number of factual witnesses that may participate. An explan=
ation and record of any rejected question will be made. Technical legal rul=
es of evidence, wording of questions, hearsay and opinions will not be form=
ally applied. Anyone who disrupts a hearing or who fails to adhere to heari=
ng procedures may be excluded from the proceeding at the discretion of the =
hearing officer.
- The hearing officer will review all materials, hear all information per=
tinent to the case from the Complainant, the Respondent, and witnesses. The=
hearing officer may also consult with other hearing officers who are assig=
ned to hearings within the same disciplinary case, clarify issues raised, r=
ender a decision based on the information presented, and take all actions a=
nd make all determinations necessary and proper for the hearing.
- The Respondent will be presumed not responsible for the allegation. The=
hearing officer will determine if it was =E2=80=9Cmore likely than not=E2=
=80=9D that the Respondent was responsible after considering all of the cre=
dible information provided during the disciplinary hearing process. If the =
student is found in violation of University rules, any submitted statement =
of mitigating factors, records within the student's past disciplinary file,=
and a written victim impact statement (if appropriate) will also be used i=
n determining an appropriate sanction(s).
- Following all hearings in the case, the hearing officer will provide th=
e Respondent with written notification of the decision reached and informat=
ion regarding the University's appeal process.
- For cases involving a victim of "crimes of violence,"(covered under thi=
s Code) the hearing officer will also provide the Complainant/victim with w=
ritten notification of the decision reached and information regarding the U=
niversity's appeal process.
ATTACHMENT 5
C=
AMPUS HEARING BOARD
Hearings for Rowan University and Rowan Choice students will follow the =
policies, procedures, and protocols as outlined in this Code. Hearings for =
Cooper Medical School of Rowan University, Rowan University Graduate School=
of Biomedical Sciences, Rowan University School of Osteopathic Medicine wi=
ll follow appropriate protocols that are outlined in either the Code or doc=
uments specific to those academic areas.
- Campus Hearing Board Structure
- The Campus Hearing Board is chaired by a non-voting Administrative Hear=
ing Officer, who is normally an employee of the Student Life Division and m=
ost likely the Assistant Dean of Student Life. The Campus Hearing Board is =
composed of regular members and a pool of alternates.
-
-
- For cases involving Rowan Choice students, the Campus Hearing Board wil=
l focus upon matters related to living on campus and the impact of behavior=
s upon the Rowan University community. Decisions may range for a finding of=
=E2=80=9Cnot responsible=E2=80=9D to removal from housing. All materials a=
ssociated with allegations against Rowan Choice students will be forwarded =
to designated officials at other institutions for possible further adjudica=
tion regarding their status as a student.
- Rowan University hearings for Rowan Choice students will follow the pol=
icies, procedures, and protocols as outlined in the Code.
- Hearing board members will be composed of:
- Three (3) members who are matriculated undergraduate or graduate studen=
ts and in good standing with the University. Student members are selected t=
hrough an application and selection process conducted by the Office of Comm=
unity Standards. Information on membership requirements and the application=
is available on the Office of Community Standards website.
- Three (3) members of the University Senate who are appointed by the Uni=
versity Senate President.
- Three (3) members of the professional staff who are appointed by the Vi=
ce President of Student Life/Dean of Students or designee.
- The Campus Hearing Board may be convened by a quorum of any five (5) me=
mbers. For complaints that are adjudicated by a Special Interim Hearing Boa=
rd any three (3) members of the Campus Hearing Board must be present. Title=
IX matters may be adjudicated with a single hearing board member. Title IX=
matters may be adjudicated with a single hearing board member.
- Campus Hearing Board Procedures
- Any student appearing before the Campus Hearing Board may challenge the=
assignment of any member of the Board to his/her/their case. This challeng=
e must be presented in writing to the Office of Community Standards at leas=
t one (1) business day prior to the scheduled date of the hearing. Upon rev=
iewing the details of the challenge, the Assistant Dean of Student Life wil=
l either uphold the challenge and appoint an alternate member or deny the c=
hallenge. Any challenge at the time of the hearing, will be decided by the =
Chair.
- A Campus Hearing Board member will withdraw from adjudicating any case =
in which s/he/they cannot reach a fair and objective decision.
- There will be a recording of the hearing (excluding deliberations and v=
oting) for the purpose of providing assistance to the Campus Hearing Board =
or Appeals Board in their deliberations and to the Vice President of Studen=
t Life/Dean of Students or designee, and Respondent or Complainant for use =
in filing an appeal. This recording remains the property of the University =
and constitutes an official record of the hearing. No other recording of th=
e hearing is permitted.
- The Chair will make all determinations on questions of procedure and ad=
missibility of information presented and will not be excluded from hearings=
or deliberations except that s/he/they will not vote. The Chair will exerc=
ise control over the manner in which the hearing is conducted to avoid unne=
cessarily lengthy hearings and to prevent the harassment or intimidation of=
witnesses. This includes, but is not limited to, rejecting redundant or ir=
relevant questions and imposing reasonable limits on the number of factual =
witnesses that may participate. An explanation and record of any rejected q=
uestion will be made. Technical legal rules of evidence, the wording of que=
stions, hearsay, and opinions will not be formally applied. Anyone who disr=
upts a hearing or who fails to adhere to hearing procedures may be excluded=
from the proceeding at the discretion of the Chair.
- The Respondent will be asked to elaborate if he/she/they are responsibl=
e or not responsible for the alleged violation(s). If the Respondent admits=
responsibility, questions will be asked to provide informed context to the=
sanctioning phase of the process. If the Respondent states he/she/they are=
not responsible for the alleged violation(s), questions will be asked to d=
etermine preponderance related to the allegations.
- The Board will review all materials and hear all information pertinent =
to the case from the Complainant, Respondent, and all witnesses. Members of=
the Board, including the Chair, will be free to ask relevant questions in =
order to clarify information or resulting issues.
- The Respondent will be presumed not responsible for the allegation(s). =
After private deliberations, and by a majority vote, the Board will determi=
ne preponderance as to whether the Respondent is responsible or not respons=
ible. A tie vote will result in a finding of "not responsible.=E2=80=9D
- If the Respondent is found responsible, the Board will determine the ap=
propriate sanction(s) to be imposed by majority vote . The past disciplinar=
y record of the Respondent(s) will not be supplied to the Board by the Chai=
r prior to this point. Other information from either party, including any s=
ubmitted statement of mitigating factors, a written victim impact statement=
if appropriate, or information from the Chair which is relevant to the cho=
ice of sanction(s), may also be introduced at this point, including informa=
tion concerning sanctions imposed against other students for similar offens=
es. No information directly related to the case in question may be introduc=
ed for the first time unless the Respondent has been informed and allowed t=
o review and comment on the information.
- Following the hearing, the Chair will provide the Respondent with writt=
en notification of the decision reached and information regarding the Unive=
rsity's appeal process.
- For cases involving a victim of "crimes of violence", (covered un=
der this Code) the Chair will also provide the victim with written notifica=
tion of the decision reached and information regarding the University's app=
eal process.
- The Chair will also provide the Vice President of Student Life/Dean of =
Students or designee with written notification of the decision reached and =
supporting case documents for the purpose of conducting a "Case Review." At=
the conclusion of the review, the Vice President of Student Life/Dean of S=
tudents or designee may also file an appeal of the decision.
ATTACHMENT 6
RIGHTS IN ALL DISCIPLINARY HEARINGS
The University disciplinary system is not a criminal or civil law process a=
nd the technical legal rules of evidence, wording of questions, hearsay and=
opinions applicable in criminal and civil cases will not apply. University=
disciplinary hearings will accord the following specific rights to all stu=
dents/organizations:
- To receive written notice of any disciplinary charges.
- To have reasonable access to the case file prior to and during any hear=
ing, provided that all reviews, prior to the hearing, take place in the Off=
ice of Community Standards. Any alternate arrangements for the case file re=
view may be made at the discretion of the Office of Community Standards. No=
te: The Office of Community Standards does not maintain or release police r=
eports. Any request for a police report associated with a disciplinary case=
must be made to the issuing police department.
- To have access to advice and support by an individual of his or her cho=
osing, including an attorney.
- To have no negative inference made from a failure of the Respondent(s) =
or Complainant to appear, participate or speak during a hearing.
- The Respondent(s) will be presumed not responsible for any allegation. =
Violation is found only after a review of the credible information presente=
d determines that it was =E2=80=9Cmore likely than not=E2=80=9D that the Re=
spondent(s) was responsible.
- The Respondent(s) and the Complainant will be given the opportunity to =
participate in the hearing, present information on their own behalf, bring =
witnesses and question those who provide information at their hearing. This=
does not include the right to ask questions directly.
- Disciplinary hearings will be closed to all members of the campus and o=
utside community except those directly involved with the case (including an=
individual selected as an Advisor).
- Following the completion of all hearings associated with a complaint,&n=
bsp;the Respondent(s) will receive written notification of the decision rea=
ched. The notification will also include a list of any sanctions impo=
sed and appeal information.
- The Respondent(s) will have the right to waive any of these rights.
- The Respondent(s) may submit a written statement to the Office of Commu=
nity Standards detailing the presence of any mitigating factors. This state=
ment will be considered when determining an appropriate sanction and only i=
f the Respondent is found responsible.
- A Complainant or victim may submit a written statement to the Office of=
Community Standards detailing the impact the violation has had upon them a=
nd their ability to function as a student. This statement will be considere=
d when determining an appropriate sanction and only if the Respondent is fo=
und responsible.
- Victims of "crimes of violence" (covered under this Code) will receive =
written notification of the decision reached. The notification will also in=
clude a list of any sanctions imposed and appeal information.
- To be free from intimidation, harassment, bullying, or any other form o=
f retaliation throughout and following the disciplinary process.
ATTACHMENT 7
S=
ANCTIONS
Hearing Officers, Campus Hearing Boards, or Special Interim Hearing Boards =
may impose a single or multiple sanctions for violations of the Code. =
Factors to be considered in deciding sanctions will include: past disciplin=
ary record of the student, monetary fines resulting from a corresponding co=
urt case, the nature of the violation, and severity of any damage, injury, =
or harm resulting from it as perceived by the victim, and/or appropriate Un=
iversity officials. The imposition of a sanction will normally be effective=
either on the date that the University provides the party with the written=
determination of the result of an appeal, if any appeal is filed; or if an=
appeal is not filed, the date on which an appeal would no longer be consid=
ered timely. A disciplinary suspension or expulsion will normally result in=
withdraws from all the registered courses in the effective term, (not to e=
xceed one academic term) regardless of the courses still being in progress =
or if final grades were submitted. Any request to have the effective date o=
f a sanction deferred to a later date must be made in writing to the V=
ice President of Student Life/Dean of Students and will be decided on a cas=
e-by-case basis.
Normally there will be no refund of tuition/fees if expulsion, suspensio=
n or withdrawal from courses and/or University housing is affected because =
of violations of the Code. Any request for a refund due to these circumstan=
ces must be made in writing to the Vice President of Student Life/Dean of S=
tudents and will be decided on a case-by-case basis.
Sanctions, which may be imposed upon any student found to have violated =
the Code, include the following:
- Official Warning: A written statement indicating a violation o=
f the Code has occurred and warning that a subsequent violation will likely=
be treated more severely.
- Educational Task: Completion of task(s) which benefit the indi=
vidual, campus, or community.
- Monetary Fine: The student is required to pay a fine that=
has been placed onto their student account.
- Suspension of Activity Privileges: The student cannot be a mem=
ber of a recognized student organization, participate in organizations' reg=
ularly scheduled activities, serve as a representative of the University, o=
r participate in intramural, club, or intercollegiate sports. Notification =
of this sanction/status will be sent to appropriate University officials so=
they will know who may not participate in activities sponsored by their of=
fices.
- Disciplinary Probation: a designated period of time during whi=
ch the student is given the opportunity to demonstrate the ability to abide=
by the community's expectations of behavior articulated in the Code and is=
not considered to be in good social standing with the Another violation wi=
ll likely result in a more severe sanction.
- Suspension of Residence Privileges: The student's privilege to=
live in University-owned housing, and visit the residence areas of the cam=
pus, is suspended on a temporary or permanent basis. Any request to have th=
e effective date of the Suspension of Residence Privileges deferred to a la=
ter date must be made in writing to the Vice President of Student Life/Dean=
of Students and will be decided on a case-by-case basis. The =
student is not entitled to any refund of campus housing and/or meal plan fe=
es. Any request for a refund must be made in writing to the V=
ice President of Student Life/Dean of Students and will be decided on a cas=
e-by-case basis.
- Suspension: The student may no longer be a registered student,=
attend classes, or receive grades for a specified period of time. In addit=
ion, while in this status, the student may not be present on the campus nor=
at a University- sponsored event for any reason whatsoever. The suspension=
will be noted on the student's academic transcript. The sanction will be e=
ffective either on the date that the University provides the party with the=
written determination of the result of an appeal, if any appeal is filed, =
or if an appeal is not filed, the date on which an appeal would no longer b=
e considered timely. Any request to have the effective date of the Suspensi=
on deferred to a later date must be made in writing to the Vice President o=
f Student Life/Dean of Students and will be decided on a case by case The student is not entitled to any refund of any tuition/fees. Any request for a refund must be made in writing to the Vice President=
of Student Life/Dean of Students and will be decided on a case-by-case bas=
is.
- Expulsion: The student may never again be a registered student=
, attend classes, or receive grades. In addition, the student may never be =
present on the campus nor at a University-sponsored event for any reason wh=
atsoever. The expulsion will be noted on the student's academic transcript.=
The sanction will be effective either on the date that the Universit=
y provides the party with the written determination of the result of an app=
eal, if any appeal is filed, or if an appeal is not filed, the date on whic=
h an appeal would no longer be considered timely. Any request to have the e=
ffective date of the Expulsion deferred to a later date must be made in wri=
ting to the Vice President of Student Life/Dean of Students and will be dec=
ided on a case-by-case basis. The student is not entitled to any re=
fund of any tuition/fees. Any request for a refund must be ma=
de in writing to the Vice President of Student Life/Dean of Students a=
nd will be decided on a case-by-case basis.
- Other sanctions: Other sanctions may be imposed in addition to=
, or instead of, those described in #1 through #9 above. For example, costs=
associated with educational programs or damage repair fees may be charged =
or students may have use of University facilities limited or revoked.
Students who are found responsible for Code violations which involve alcoho=
l/drug (ab)use, may be required to attend educational programs intended to =
inform them about alcohol/drug use and abuse.
- The Office of Community Standards may notify parents/guardians of stude=
nts less than 21 years of age when a student is found responsible for a vio=
lation of the Alcohol and Other Drugs Policy. Rowan Public Safety may notif=
y parents/legal guardians when citations have been issued by law enforcemen=
t officials, without waiting for a hearing or any other due process since c=
itations given by the law enforcement unit of a university are not covered =
by FERPA.
- Bias motivated offenses may result in more severe sanctions. Such offen=
ses are defined as any offense wherein the Respondent(s) intentionally sele=
cts the alleged victim because of the victim's actual or perceived characte=
ristic, such as race, color, religion, ancestry, national origin, gender, s=
exual orientation, gender identity and expression, or a mental, physical, o=
r sensory disability, or by any other distinguishing characteristic, or any=
other class protected under the New Jersey Law Against Discrimination, N.J=
.S.A. 10:5-1 et. seq.
- Any sanction may be put on hold or deferred (i.e. not put into effect) =
for a predetermined period of time by the Vice President of Student Life/De=
an of Students or his/her/their designee. The original sanction(s) may be r=
e-imposed immediately upon a further finding responsibility in a subsequent=
campus disciplinary hearing at any level.
- Sanctions for group or organization misconduct may include suspension, =
revocation or denial of recognition, partial or total de-funding, or the im=
position of other appropriate sanctions.
- A student who fails to complete the terms of a campus disciplinary sanc=
tion by the given deadline will receive a monetary fine for noncompliance a=
nd could be charged with noncompliance under the Code.
- Under the Family Educational Rights and Privacy Act (FERPA), violators =
of provisions of the Code pertaining to certain "crimes of violence" may ha=
ve their names and disciplinary findings publicly revealed.
- Students should be aware that conviction in criminal court for certain =
controlled substance offenses including drug possession and/or sale may hav=
e them declared ineligible for Federal financial aid for a period of time. =
See the Financial Aid Office for details.
ATTACHMENT 8
APPLICATION OF STANDARD SANCTIONS
- Standard sanctions have been adopted by Ro=
wan to respond to disciplinary violations. Of particular concern are substa=
nce abuse- related violations, off-campus conduct violations, as well as we=
apon and violence violations of the Code. Rowan is deeply concerned about t=
he extent to which some students engage in underage consumption of alcohol,=
unlawful use of drugs, and/or consumption of alcohol or other drugs to a d=
egree that renders them in need of emergency medical intervention or other =
extraordinary assistance. In addition, Rowan seeks to deter students from e=
ngaging in conduct that poses risks to the safety and well-being of the ind=
ividual student and/or the University and Glassboro community as a whole.=
span>
- Standard sanctions are intended to alert students and other members of =
the University community to the seriousness of alcohol-related and drug-rel=
ated behaviors, violence, and safety violations; provide meaningful consequ=
ences for violations of the Code; and ensure that students are provided opp=
ortunities to access education, counseling, and support. Standard sanctions=
apply only to those offenses described below.
- Standard sanctions listed below apply to misconduct that occurs both on=
-campus and off-campus, at the discretion of the Vice President of Stu=
dent Life/Dean of Students or designee. Incidents falling within the Code b=
ut not described below will be handled on a case-by-case basis in light of =
all the circumstances.
- Students found responsible for multiple violations will receive the cum=
ulative sanctions associated with each violation.
- Although the Standard Sanction Model is critically important to the Row=
an process for addressing disciplinary matters, it is intended to be a guid=
ing tenet. Each matter will be evaluated based upon the unique circumstance=
s found during the process. Those circumstances may warrant deviation from =
the Standard Sanction Model. This may be true in the case of one or multipl=
e violations.
Level One
- Level One violations are generally a breach of the Code which adversely=
affects a smaller community. Examples include, but are not limited to, Noi=
se Policy, Guest Policy, Pet Policy, Quiet Hours Policy & Posting Polic=
y.
- First Violation =E2=80=93 Official Warning or Reflective Assignment
- Second Violation - Adjudicated as "Level Two" violation (Refer to Stand=
ard Sanctions for Repeated Level One violations for additional information.=
)
Level Two
- Level Two violations generally are breaches of the Code which are more =
serious and adversely affect the Rowan community at-large (include repeated=
Level One violations). Examples include, but are not limited to, disorderl=
y conduct, disruptive activity, failure to comply with directions of Univer=
sity officials, fire safety, forging documents, theft and vandalism.
- First Violation- Disciplinary probation, financial restitution, monetar=
y fine, attendance at educational programs
- Second Violation- Adjudicated as "Level Three" violation (Refer to Leve=
l Three violation section for additional information
Level Three
- Level Three violations generally are breaches of the Code which include=
threatening statements and/or behavior and unwanted contact that may compr=
omise the health and safety of the Rowan community at large or individuals,=
specifically.
- First Violation-Suspension of Campus Housing Privileges, University Sus=
pension or Expulsion
- Second Violation- University Suspension or University Expulsion
Alcohol Violations
-
- First Violation-Completion of Alcohol and Other Drugs Education P=
rogram, Disciplinary Probation, Notification of Parent/Guardian (Dependent =
student).
- Second Violation-Completion of Substance Screening, Disciplinary Probat=
ion, Notification of Parent/Guardian (Dependent student), Possible Suspensi=
on of Campus Housing Privileges and/or University Suspension, Notification =
of Parent/Guardian (Dependent student).
- Third Violation-possible Suspension of Campus Housing Privileges and/or=
University Suspension, Notification of Parent/Guardian (Dependent student)=
, University Suspension or Expulsion, Notification of Parent/Guardian (Depe=
ndent student).
Violations of Laws/University Rules of=
f-campus
-
- First Violation-Completion of the Community Responsibility Program, Dis=
ciplinary Probation
- Second Violation-Disciplinary Probation up to University Suspension (mi=
nimum of 1 semester)
- Third Violation-University Suspension (minimum of 2 semesters)
Illegal Drug Abuse-Related Violations<=
/u>
-
- First Violation-Completion of Substance Screening, Disciplinary Probati=
on, Notification of Parent/Guardian (Dependent student)
- Second Violation-Completion of Substance Screening, Notification of Par=
ent/Guardian (Dependent student), Suspension of Campus Housing Privileges a=
nd/or University Suspension
- Third Violation- University Suspension or Expulsion, Notification of Pa=
rent/Guardian (Dependent student)
Manufacture, sale, purchase, or distri=
bution of illegal drugs or controlled substances
-
- First Violation- Expulsion, Notification of Parent/Guardian (Dependent =
student)
Substance Abuse Resulting in Harm-Rela=
ted Violations
-
- First Violation-Completion of Substance Screening, Suspension of C=
ampus Housing Privileges and/or University Suspension, Notification of Pare=
nt/Guardian (Dependent student)
- Second Violation- University Suspension or Expulsion, Notification of P=
arent/Guardian (Dependent student)
- Third Violation- University Expulsion, Notification of Parent/Guardian =
(Dependent student)
Weapons-Related Violations
-
- First Violation- Disciplinary Probation, University Suspension, or=
Expulsion, Suspension of Campus Housing Privileges (if the student is not =
Suspended from the University and lives in Campus Housing) and other educat=
ional sanctions, University Suspension or Expulsion.
- Second Violation- University Expulsion
Bullying and Other Violence-Related Vi=
olations
-
- First Violation- Disciplinary probation, University Suspension, or Expu=
lsion; Suspension of Campus Housing Privileges (if the student is not Suspe=
nded from the University and lives in Campus Housing), Referral to the Well=
ness Center for Anger Management and other educational sanctions
- Second Violation- University Suspension, University Expulsion
ATTACHMENT 9
APPEALS
- Upon receiving notification of the outcome of a case, the Respondent(s)=
, Complainant, victim (in cases of "crimes of violence) covered under this =
Code, or the Vice President of Student Life/Dean of Students or designee (i=
n Campus Hearing Board cases) may file an appeal under the following circum=
stances:
- Procedural irregularity or substantive error that affected the outcome =
of the matter. Deviations from the University's policy/procedures wil=
l not be a basis for sustaining an appeal unless significant prejudice resu=
lted.
- New evidence that was not reasonably available at the time the determin=
ation regarding responsibility or dismissal was made, that could affect the=
outcome of the matter.
- The decision-maker(s) had a conflict of interest or bias for or against=
Complainants or Respondents generally or the individual Complainant or Res=
pondent that affected the outcome of the matter; or
- The Disciplinary Sanction(s) imposed were substantially disproportionat=
e or not appropriate in light of the violation(s).
- All appeals must be made within five (5) business days of the date on t=
he letter informing the parties of the decision. Appeals must be submitted =
in writing to the designated appeal officer and should explain in detail th=
e basis of the request, including any supporting documentation.
- Upon receipt of the written appeal, the Assistant Dean of Student Life =
may defer the imposition of the sanction(s) pending the decision on the app=
eal. Note: Interim Suspension as well as any other prior restrictions will =
remain in effect during the appeal process.
- Cases adjudicated by the Campus Hearing Board will be forwarded to the =
Campus Appeals Board. All other cases will be forwarded to the Vice Pr=
esident of Student Life/Dean of Students or designee.
- An appeal will be responded to in a timely manner (usually two weeks) a=
nd a final decision will be issued in writing either accepting or denying t=
he appeal. The student will be informed of any delay by the assigned =
Appeal Officer.
- The Assistant Dean of Student Life or designee is responsible for compi=
ling the appeal documentation for review, scheduling the appeal review meet=
ing as well as sending all correspondence to the parties involved. The Assi=
stant Dean of Student Life or designee will have no other role during the a=
ppeal review meeting.
- The Campus Appeals Board:
- The Board is comprised of a member of the University's Administration, =
President of the University Senate, and the President of the Student Govern=
ment Association. Designees may be used in any of the positions. Each membe=
r or designee must be in attendance for a quorum.
- The Board will review the written appeal and all documentation containe=
d in the case file in a closed meeting. The Board by a simple majority vote=
will deny or uphold the appeal. If an appeal is upheld based on procedural=
error or new information reasons, the case will be remanded to the Campus =
Hearing Board for re-opening of the hearing. If an appeal is upheld based o=
n inappropriate sanction reason, the Board will render the appropriate dete=
rmination and/or sanction.
- All Campus Appeals Board decisions are final and will be forwarded to t=
he Office of Community Standards for immediate implementation.
- When it is not possible for the Campus Appeals Board to meet in a timel=
y fashion (for example, final exam week, vacation periods, summer school, e=
tc.), an appeal from the Campus Hearing Board may be reviewed by the Vice P=
resident of Student Life/Dean of Students (or Designee) for final dispositi=
on.
- The appeals process described will be the final step in the discipline =
process and constitutes final University action.
ATTACHMENT 10
=
PROCEDURES FOR INTERIM SUSPENSION FROM COURSE PARTICIPATION, PRESENCE ON CA=
MPUS OR
RESIDENCE AREAS AND PARTICIPATION IN UNIVERSITY RELATED ACTIVITIES=
- A student may be suspended from the entire campus, residence areas, ext=
racurricular or other University related activities (i.e.. Internships, wor=
k study, etc.) for an interim period pending a disciplinary hearing; the in=
terim suspension is effective immediately and without prior notice whenever=
there is evidence that the continued presence of the student on the campus=
may pose a substantial threat to others in the University or to the stabil=
ity and/or continuance of normal University functions.
- During an interim suspension from the entire campus, a student is not p=
ermitted to continue to participate in coursework in person or online, subm=
it academic work or correspond with instructors. Course instructors and oth=
er appropriate staff are informed. Special permission is needed for the stu=
dent to conduct routine business with the University, during this time.
- The Vice President of Student Life/Dean of Students or designee is auth=
orized to impose Interim Suspensions.
- If a student wishes to return to classes and/or residence on campus, he=
or she is required to make an appointment to meet with a designated admini=
strator within five (5) business days from the effective date of suspension=
. The purpose of this Interim Suspension appointment is to determine the fo=
llowing:
- The reliability of the information concerning the student's conduct, in=
cluding the matter of his/her identity.
- Whether the conduct and surrounding circumstances reasonably indicate t=
hat the continued presence of the student on the campus or at University ac=
tivities likely poses a substantial threat to others or to the stability an=
d/or continuance of normal University functions.
- A disciplinary hearing will be scheduled at another time to hear the su=
bstantive issues involved. This follows the Interim Suspension appointment =
with the designated administrator and employs the procedures outlined earli=
er. An Interim Suspension, in and of itself, does not become part of a stud=
ent's disciplinary record.
ATTACHMENT 11
=
PROCEDURES ADDRESSING ALLEGATIONS OF DISCRIMINATION, HARASSMENT,
AND RETALIATION (Student v. Student)
Title VI of the Civil Rights Act of 1964 pro=
vides that =E2=80=9C[n]o person in the United States shall, on the ground o=
f race, color, or national origin, be excluded from participation in, be de=
nied the benefits of, or be subjected to discrimination under any program o=
r activity receiving Federal financial assistance.=E2=80=9D As an instituti=
on receiving Federal Funding, in accordance with Title VI, Rowan University=
prohibits discrimination, whether verbal, written, physical or psychologic=
al, based upon the following protected categories: race, creed, color, nati=
onal origin/ethnicity, nationality, ancestry, age, sex/gender, pregnancy, m=
arital status, civil union status, domestic partnership status, familial st=
atus, religion, affectional or sexual orientation, gender identity or expre=
ssion, atypical hereditary cellular or blood trait, genetic information, li=
ability for service in the Armed Forces of the United States, disability or=
any other protected classification (N.J.A.C. 4A:7-3.1).
Rowan University is committed to creating and maintaining an educational=
and living environment free from discrimination. If students feel they hav=
e been the victim of discrimination, harassment, or retaliation caused by a=
faculty or staff member, they should refer to the Rowan University Policy =
Prohibiting Discrimination in the Workplace and Educational Environment.
If students believe they are the victim of discrimination, harassment, o=
r retaliation caused by another student, they should refer to the Student Code of Conduct (Code). Individuals are strongly=
encouraged to promptly file a complaint by contacting the Office of Studen=
t Equity and Compliance and/or by filling out the Student Complaint Form fo=
r Discrimination/Harassment/ Retaliation Complaints. Individuals may also f=
ile complaints directly with the Office for Civil Rights, United States Dep=
artment of Education:
New Jersey, New York, Puerto Rico, Virgin Islands Office for Civil Right=
s New York Office U.S. Department of Education
32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: 646-428-3800 Fax: 646-428-3843 E-mail: OCR.NewYork@ed.gov
Once a complaint of alleged discrimination, harassment, or retaliation b=
y another student is received, the following resolution procedures will be =
initiated:
- When a complaint is filed, action will be taken to review the matter wi=
thin seven (7) business days to determine if there is sufficient informatio=
n to initiate formal resolution measures. The Associate Vice President/Titl=
e IX Coordinator will determine the most appropriate avenue of response, in=
cluding but not limited to, coordination with other University resources su=
ch as the Vice President of Student Life/Dean of Students. Where appropriat=
e, the use of voluntary and informal resolution measures, such as mediation=
, may be used. Voluntary and informal resolution measures may not be used i=
n cases where the allegations involve violence.
Note: If a report is deemed to be a potential violation of Title IX Sexual =
Harassment/Sexual Assault Policy or the Student Sexual Misconduct and Haras=
sment Policy, the matter will be referred to the Title IX Coordinator.
<=
br>
- At the Associate Vice President=E2=80=99s discretion, where deemed nece=
ssary, a formal resolution procedure will be initiated. The AVP will conduc=
t a comprehensive, impartial investigation. The investigation may include i=
nterviewing the parties involved, including witnesses, review of written st=
atements, and the gathering of other relevant information. Investigations w=
ill adhere to the following tenets:
- CONFIDENTIALITY: The University will endeavor to=
maintain the confidentiality of reported matters and of individuals involv=
ed, except to the extent necessary to carry out the purposes of this policy=
, including conducting investigations, and where required by law.
- NOTICE: Once a formal resolution procedure has b=
een started, the Complainant(s) and Respondent(s) will be notified in writi=
ng.
- ADVISORS: The Complainant(s) and Respondent(s) h=
ave the right to an advisor of their choice during this investigation proce=
ss. An advisor may be a family member, attorney or other third party. Advis=
ors may be present to support the parties; however, advisors are not permit=
ted to speak on behalf of any party during this process.
- LENGTH OF INVESTIGATION: While the length of the=
process may vary based on the facts, circumstances, and witness availabili=
ty in each case, every effort will be made to conclude the investigation wi=
thin sixty (60) days provided doing so does not compromise the University=
=E2=80=99s ability to conduct a fair, impartial, and thorough investigation=
and adjudicative process.
- STANDARD OF EVIDENCE: A finding under this polic=
y will be based on the preponderance of the evidence standard, in other wor=
ds, a finding will be made if the evidence as a whole shows that is more li=
kely than not that a violation of this policy occurred.
- Upon completion of an investigation, the AVP will prepare a written inv=
estigation report. This report will include a comprehensive description of =
the evidence gathered during the investigation, the investigator=E2=80=99s =
findings of fact, credibility determinations and whether a policy violation=
has occurred.
- The Associate Vice President will issue a determination letter to the C=
omplainant(s) and Respondent(s) stating whether the allegations of discrimi=
nation, harassment, or retaliation are substantiated or not substantiated.
- If the allegations are substantiated (i.e., upheld or proven to be fact=
ual), the matter will be sent to the Division of Student Life for the impos=
ition of sanctions (Attachment 7), disciplinary action, and/or educational =
interventions in accordance with the Student Code of Conduct.
- If a party wish(es) to appeal the determination, they may request an ap=
peal under the following circumstances:
- A procedural or substantive error occurred in the process that signific=
antly impacted the outcome of the hearing (e.g., material deviation from un=
iversity policy; substantial bias; the findings and decision are contrary t=
o the great weight of the evidence);
- New and significant information has become available which could not ha=
ve been discovered by a properly diligent person before or during the heari=
ng; or
- The sanction/disciplinary action imposed is inappropriate in light of t=
he violation.
- Appeal requests should be made to the Vice President of Student Life/De=
an of Students, or designee, in writing, within five (5) business days of r=
eceiving the decision letter. All appeal requests will be reviewed within f=
ifteen (15) business days, and the decision of the Vice President of Studen=
t Life/Dean of Students will be final.
Adjudication of Complaints
Once the Associate Vice President refers a matter to the Division of Stu=
dent Life, the following protocol will be implemented:
- The Assistant Dean of Student Life or designee will review the complain=
t and determine whether it should be adjudicated by the student discipline =
system, and, if so, the appropriate adjudicator will be determined. Matters=
not referred to the disciplinary system may be adjudicated through educati=
onal interventions implemented by the Vice President of Student Life or des=
ignee. The review of the complaint may not require meeting with all parties=
; The Assistant Dean of Student Life or designee will determine what meetin=
gs are necessary. For any disciplinary action for which sanctions may be im=
posed, the Respondent(s) will have his/her/their case heard before one of t=
he following adjudicators:
- Administrative Hearing Officer - If the alleged violation is o=
ne for which the student/organization could not be suspended or expelled fr=
om the University, the complaint will be heard by an Administrative Hearing=
Officer.
- Campus Hearing Board - If the alleged violation is one for whi=
ch the student/organization could likely be suspended or expelled from the =
University, the complaint will be heard by the Campus Hearing Board. (Refer=
to Attachment 5 for additional information concerning the Campus Hearing B=
oard) A hold and a transcript notation indicating =E2=80=9CPending Discipli=
ne=E2=80=9D will also be placed on the Respondent=E2=80=99s transcript.
- Special Interim Hearing Board - If the Campus Hearing Board ca=
nnot meet, a Special Interim Hearing Board will be appointed at the discret=
ion of the Office of Community Standards to expedite adjudication of studen=
t disciplinary cases under the following conditions:
- An interim suspension has been issued (see Attachment 10), or
- The case will be adjudicated when the Campus Hearing Board cannot conve=
ne (for example, final exam week, vacation periods, or summer school, etc.)=
- The University will determine if the disciplinary hearing takes place i=
n-person or virtually.
- Notification and Communication
- When it is determined that a complaint will be adjudicated by the stude=
nt disciplinary system, the Respondent(s) will be notified of the alleged v=
iolation in writing (the "Hearing Notice") via a tracked letter sent to the=
student=E2=80=99s Rowan email address. This is the official method of noti=
fication and students are responsible for checking their University email a=
ddress daily. The Hearing notice will state what portion of the Code was al=
legedly violated. The student will be notified of the hearing date in the H=
earing Notice. The student will receive notice of a hearing at least three =
(3) business days prior to an Administrative Hearing and five (5) business =
days prior to a hearing before the Campus Hearing Board or Special Interim =
Hearing Board.
- If the Respondent(s) or Complainant, if applicable, fails to attend the=
hearing, except when there is a justifiable reason (serious illness or hos=
pitalization, death of member of immediate family, serious physical emergen=
cy, arrest or incarceration, or unavoidable transportation delay), the hear=
ing will proceed, and a finding will be reached in absentia based =
upon the available information. No negative inference will be made from a f=
ailure of the Respondent(s) or Complainant to appear, participate or speak =
during a hearing.
- All participants have the right to select an Advisor of their choosing,=
including an attorney. Advisors are expected to communicate privately with=
the student in a non-disruptive manner. Advisors may have no other role in=
the hearing/case and are not permitted to speak on behalf of the student, =
ask questions, or appear in lieu of the student/organization. Advisor avail=
ability will not be sufficient grounds for postponing a hearing. A hearing =
will not be cancelled or postponed in the event an Advisor does not attend.=
If the Advisor is not able to attend, the Respondent(s) or Complainant sho=
uld arrange for a substitute.
- A student who wishes to have an attorney as an Advisor must inform the =
Office of Community Standards in writing, or electronic mail at least one (=
1) business day prior to a hearing. If a Complainant, Respondent(s) or othe=
r participant informs the University that an attorney will be present at th=
e hearing, the University will decide if legal counsel for the University s=
hould also be present.
- Both the Respondent(s) and the Complainant have the right to request wi=
tnesses to provide information at the hearing. Witnesses must have personal=
knowledge of the incident at issue and may serve no other role at the hear=
ing/case. Witnesses may be present at the hearing only at the time they are=
called to participate. A hearing will not be cancelled or postponed if a s=
cheduled witness does not attend.
- Written statements of witnesses not in attendance due to extraordinary =
circumstances may be considered by the Hearing Officer or Campus Hearing Bo=
ard. Character witnesses are considered irrelevant and will not be permitte=
d to participate. A list of witnesses must be submitted to the Office of Co=
mmunity Standards at least one (1) business day prior to the hearing for ap=
proval and notification to other parties. The list should include each witn=
ess' name and a summary of the information s/he/they is expected to provide=
.
- Administrative Agreement/Hearing Waiver
- The Respondent(s) and Complainant will be informed if the disciplinary =
complaint can be resolved by completing an Administrative Agreement/Hearing=
Waiver. An Administrative Agreement/Hearing Waiver would be completed only=
when there is acknowledgement of responsibility on the part of the Respond=
ent(s), and agreement, by all parties including the Complainant, and/or vic=
tim that the sanction(s) imposed are reasonable and fair.
- Sanction(s) will reflect the severity of the current charge(s) against =
the student/organization, as well as any previous disciplinary sanctions. A=
ll participants will voluntarily waive their rights to have the complaint a=
djudicated at a disciplinary hearing and appeal. Should the Respondent(s) n=
ot accept responsibility for the charges, nor accept the proposed sanction(=
s), then appearance at the disciplinary hearing is required.
- Administrative Hearing Officer Procedures
- A student/organization may challenge the assignment of a specific heari=
ng officer for reasonable cause. This challenge must be presented in writin=
g to the Office of Community Standards at least one (1) business day prior =
to the scheduled date of the hearing. Upon reviewing the details of the cha=
llenge, the Assistant Dean of Student Life or designee will either uphold t=
he challenge and appoint an alternate hearing officer and arrange a new hea=
ring or deny the challenge.
- Hearing officers will withdraw from adjudicating any case in which they=
cannot reach a fair and objective decision.
- The hearing officer will exercise control over the manner in which the =
hearing is conducted to avoid unnecessarily lengthy hearings and to prevent=
the harassment or intimidation of witnesses. This includes, but is not lim=
ited to, rejecting redundant or irrelevant questions and imposing reasonabl=
e limits on the number of factual witnesses that may participate. An explan=
ation and record of any rejected question will be made. Technical legal rul=
es of evidence, the wording of questions, hearsay and opinions will not be =
formally applied. Anyone who disrupts a hearing or who fails to adhere to h=
earing procedures may be excluded from the proceeding at the discretion of =
the hearing officer.
- The hearing officer will review all materials, hear all information per=
tinent to the case from the Complainant, the Respondent(s) and witnesses, c=
onsult with other hearing officers who are assigned to hearings within the =
same disciplinary case, clarify issues raised, render a decision based on t=
he information presented, and take all actions and make all determinations =
necessary and proper for the hearing.
- The Respondent(s) will be presumed not responsible for the allegation. =
The hearing officer will determine if it was =E2=80=9Cmore likely than not=
=E2=80=9D that the Respondent was responsible after considering all of the =
credible information provided during the disciplinary hearing process. If t=
he student is found responsible for a violation of University rules, any su=
bmitted statement of mitigating factors, records within the student's past =
disciplinary file and a written victim impact statement, if appropriate, wi=
ll also be used in determining an appropriate sanction(s).
- Following all hearings in the case, the hearing officer will provide th=
e Respondent(s) with written notification of the decision reached and infor=
mation regarding the University's appeal process.
- For cases involving a victim of "crimes of violence,"(covered under thi=
s Code) the hearing officer will also provide the victim with written notif=
ication of the decision reached and information regarding the University's =
appeal process.
ATTACHMENT 12
=
PROCEDURES FOR ADDRESSING OFF CAMPUS CONCERNS
As noted previously, students are responsible and accountable for their =
behaviors on and off campus. Although many matters will be adjudicated thro=
ugh the established protocols outlined in the Code, some allegations may be=
handled through the following process:
Context:
It is essential that Rowan University implements a process which values =
the importance of independence for students who live off campus while at th=
e same time appropriately addressing concerns which may negatively impact c=
ommunity members, landlords, students, and/or the reputation of Rowan Unive=
rsity.
This process will allow students to have input into the process to promo=
te education and behavioral change with their peers. The model will be impl=
emented as a complement to the protocols outlined in the Student Code of Co=
nduct (Code) and does not serve as a replacement of the Code.
In addition to this process, matters of hazing, recruitment violations, =
etc. involving fraternities and sororities will be referred to the Director=
of Orientation and Student Leadership Programs for communication with appr=
opriate agencies such as National Offices. Similarly, matters involving stu=
dent-athletes will be referred to the Director of Athletics, and organizati=
onal conduct matters involving other student clubs to the Associate Vice Pr=
esident for Student Life.
Matters that involve allegations related to discrimination, harassment, =
retaliation, sexual misconduct, Title IX, physical assault, etc. will be re=
ferred to appropriate University Officials (Office of Student Equity and Co=
mpliance, Community Standards, Vice President of Student Life/Dean of Stude=
nts, etc.).
Definitions:
Letter: One option for addressing concerns will be a letter sen=
t to individuals and/or groups who are associated with a Minor Allegati=
on. The letter will serve as an acknowledgement of the concern(s), opp=
ortunity to make changes, and a record in case further concerns come to the=
attention of University Officials.
Minor Allegation: Reports that an individual or group has viola=
ted community standards, ordinances, and/or laws that do not cause signific=
ant threat to individuals, the community, and/or the reputation of Rowan Un=
iversity. Examples include, but are not limited to, excessive noise, large =
gatherings, and community complaints.
Major Allegations: Reports that an individual or group has viol=
ated community standards, ordinances, and/or laws that cause significant th=
reat to individuals, the community, and/or the reputation of Rowan Universi=
ty. Examples include, but are not limited to, urinating in public, lack of =
cooperation with designated authorities, and multiple minor violations/alle=
gations.
Off-Campus Student Conduct Board: A body composed of students a=
nd Student Life staff that will adjudicate allegations of concern that occu=
r off-campus. Designated University Officials will assign students to serve=
as members of the board. An Off-Campus Student Conduct Board must=
have a minimum of three members and will be chaired by a designated Studen=
t Life staff member.
Sanction: A variety of opportunities to assist individuals or g=
roups with the process of learning from actions or behaviors which have imp=
acted others with the intent of preventing similar behaviors from occurring=
in the future.
University Official: Any person employed by Rowan, performing a=
ssigned administrative or professional responsibilities.
Process:
Information that comes to the attention of designated University Officia=
ls will be reviewed and referred to appropriate parties and procedures. If =
a report is sent to the Off-Campus Concerns protocol, the following with ap=
ply:
- Designated University Officials will review available information and d=
etermine if the matter is a Minor Allegation, Major Allegation=
, or repeat offense.
- Any matter that could result in the suspension or expulsion of a studen=
t or group will be referred to procedures as outlined in the Code.
- Sanctioning may occur at any level of the process when circums=
tances warrant such action.
- Unless a report contains allegations of egregious behavior(s), the firs=
t Minor Allegation will result in a letter being sent to those ind=
ividuals and/or groups associated with the allegation(s). The letter will s=
erve as an acknowledgement of the concern(s), opportunity to make changes, =
and a record in case further concerns come to the attention of University O=
fficials.
- Unless a report contains allegations of egregious behavior(s), the seco=
nd Minor Allegation will result in a meeting between those individ=
uals and/or groups associated with the allegation(s) and designated Univers=
ity Officials. Based upon the meeting, designated University Officials may =
impose sanctions on individuals or groups.
- All Major Allegations and reports of three or more alleged vio=
lations will result in the matter being referred to the Off-Campus Stud=
ent Conduct Board.
- The Off-Campus Student Conduct Board shall be chaired by a des=
ignated University Official and must have at least three members to constit=
ute a quorum.
- Students or groups going before an Off-Campus Student Conduct Board=
will receive notice and information pertaining to the allegation(s) a=
t least five (5) days prior to the session.
- During the board session, individual students or groups will have the o=
pportunity to present information that provides context and/or refutes the =
allegation(s).
- Witnesses will be allowed to present information at the discretion of t=
he chair.
- Based upon all available information, the board will determine if the s=
tudent(s) or group(s) are responsible or not responsible for a violation. D=
eterminations will be made using Preponderance as the standard and=
a simple majority vote of the board members.
- The outcome and any sanctions will be shared with students or groups vi=
a Maxient Letter within five (5) days of the board session.
- Students or groups who wish to appeal the decision may do so to the Vic=
e President of Student Life/Dean of Students following the appeals process =
outlined in the Code.
- Appeal decisions made by the Vice President of Student Life/Dean of Stu=
dents are final.
ATTACHMENT 13
=
NON-RESPONSE POLICY
In accordance with federal regulations, University policies, and respect=
for students, Rowan University is committed to addressing all matters in a=
timely manner. As a result, it is essential that students check official U=
niversity communications (emails, on-line postings, etc.) on a regular basi=
s.
Designated University officials will send messages to students as approp=
riate and/or necessary. The following expectations apply to students:
- Students are responsible for checking their emails on a regular basis.<=
/li>
- Requests to meet and/or provide information will be sent via email with=
a deadline for response.
- Failure of a student to respond will result in the generation of a =E2=
=80=9Creminder=E2=80=9D message. The second message will be sent via email =
with a deadline for response.
- Failure to respond to a =E2=80=9Creminder=E2=80=9D message will result =
in action in absentia.
- Although rare, Rowan University understands that there could be reasona=
ble causes for failure to respond and/or the need for an extended deadline.=
Students must request an exemption in written form prior to the establishe=
d deadline.
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