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Alcohol and Other Drugs Policy

ROWAN UNIVERSITY POLICY

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Title:

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 Student Code of Conduct
Subject:

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 Student Life 
Policy No:

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 SL: 2016:02

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Applies:

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 University-Wide

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Issuing Authority:

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 President
Responsible Officer:

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 Vice President

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of Student Life

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/Dean of Students

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Adopted:

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 07/01/2016

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Last Revision:

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09/

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01/

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2023
Last Reviewed:

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09/

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01/

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2023

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I.

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  PURPOSE

The

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Student Code of Conduct (Code) is a document intended to provide students, faculty, staff, and other interested parties with valuable resources. It contains specific information related to the expectations, rights, and responsibilities of Rowan University (Rowan) students, student groups, and Rowan Choice students who live on campus.

II.  ACCOUNTABILITY

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Under the direction of the President, the Vice President

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of Student Life

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/Dean of Students shall implement and ensure compliance with this policy.

III.

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APPLICABILITY 

This policy

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is applicable to all Rowan students,

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and

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Rowan Choice students living on-campus.

IV.

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DEFINITIONS

See Attachment 1 – Definitions

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V.

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  1. Rowan University is committed to the pursuit of a quality education by providing an environment which promotes respect, safety, and optimal health and well-being to all members of the campus community. This includes students, faculty, staff, administration, alumni, and Rowan University guests. Alcohol and illicit drug use can pose many safety and health risks. Such use may result in impaired judgment and coordination, physical and psychological dependence, damage to vital organs, inability to learn and retain information, psychosis and severe anxiety, unwanted or unprotected sex, injury, and death. In light of this, the Rowan University Alcohol and Other Drugs Policy prohibits all use of illegal drugs and only permits the consumption of alcoholic beverages in a manner that is responsible and adheres to restrictions imposed by law and University standards of conduct. Rowan University does not accept misuse of illicit drugs or alcoholic beverages as an excuse for violations of any University policies. Emphasis is placed on responsible and legal use of alcohol. Responsible drinking is the use of alcohol in ways that do not have negative effects on either the individual or the community and do not violate the law. The preparation, sale, service, and consumption of alcoholic beverages must comply with the limitations established by University policies, local ordinances, state laws, and federal laws. As an institution of higher education and an employer, Rowan University is obligated to abide by and enforce provisions in the Drug-Free Workplace Act of 1988 and Drug-Free Schools and Communities Act.
  2. Behavior at off-campus events, which are not sponsored or funded by Rowan University or a University recognized organization, will be subject to the University discipline system if the conduct violates local, state, or federal law or when the University determines that the conduct has a direct impact on the educational mission and interests of the University and/or the safety and welfare of the University community.
  3. Violations may result in disciplinary sanctions as specified in sections entitled "Consequences for Non-Compliance" and "Parental Notification for Student Violations of the Alcohol and Other Drugs Policy."
  4. Rowan University Regulations
    1. In compliance with the Drug Free Schools and Campuses Act and the Drug-free Workplace Act, Rowan University prohibits the unlawful possession, use, or distribution of alcohol and illicit drugs on campus or as part of any of its sponsored events. Medical marijuana, while legally permitted in New Jersey, is prohibited on Rowan campuses due to provisions in the Drug-Free Schools and Communities Act.
    2. In addition to the legal requirements from the New Jersey Statute, Title 2C, the following University regulations must be observed whenever alcoholic beverages are served, sold, or consumed in approved facilities on campus, in University-owned or operated residential facilities, or at university sponsored events.
    3. The Office of the Vice President for Student Life and Dean of Students has been charged with overall responsibility to administer, support, and enforce the Alcohol and Other Drugs Policy. This office also reserves the right to suspend alcohol privileges temporarily when it is in the best interest of the University community. Additional personnel involved in the administration, support, and/or enforcement of the policy include, but are not limited to, Greek Affairs, Community Standards, Athletics, Student Affairs, Residential Learning and University Housing, Public Safety, Dining Services, Faculty, Staff, Human Resources, and Counseling and Psychological Services. The Vice President for Student Life and Dean of Students may convene an ad hoc board to review policy details of process and educational approach.
  5. Illegal Drugs
    1. The intent of, actual distribution of, sale of or manufacturing of drugs, narcotics, barbiturates, hallucinogens, marijuana, steroids, amphetamines, or any other controlled substance is prohibited.
    2. The possession or use of controlled dangerous substances, marijuana, steroids, or narcotics, including, but not limited to: opium (morphine, codeine, heroin), prescription drugs in possession of someone other than the prescribed individual, misuse of prescribed drugs, and every other substance not chemically distinguishable from them (i.e. imitation products, such as bath salts and/or K2) as well as any drug paraphernalia, on campus or in any University-related premises is prohibited.
  6. Medical Marijuana
    1. Possessing or using medical marijuana on a Rowan University campus is prohibited.
    2. Sharing medical marijuana with individuals who do not have a medical marijuana prescription is prohibited.
  7. Alcohol at Campus Events
    1. Rowan University students, faculty, staff, guests, and facilities users, who are 21 years and older, may only possess, purchase, and consume alcoholic beverages at locations which are licensed to sell alcohol or where consuming it is legal and authorized.
    2. The University and/or management of the facility in use have the right to request identification and proof of age from all persons seeking admission to an event on campus at which alcohol will be served.
    3. Intoxication is prohibited, regardless of age. Behavioral symptoms frequently associated with intoxication will be considered in determining intoxication. These symptoms may include, but are not limited to, the following: impaired motor skill coordination, difficulty communicating, vomiting, glazed/red eyes, the smell of alcohol on one's breath, verbal and/or physical aggressiveness, destructive and/or disruptive behavior, and engaging in any behavior which may endanger oneself or others.
    4. Carrying open containers of alcohol is strictly forbidden in public areas of the University, i.e. academic buildings, the Chamberlain Student Center, parking lots, and common grounds, regardless of age.
    5. Any marketing, advertising, and promotion of alcoholic beverages on campus is prohibited. All advertisements for social events at which alcohol is served will not make reference to the amount of alcohol available. There will be no publicity distributed or posted indicating the availability of alcoholic beverages, except to indicate legal age requirements for admission.
    6. Non-alcoholic beverages must also be served whenever alcohol is served/sold, and must be displayed as openly as the alcohol. Food must be served in adequate amounts when alcoholic beverages are served or sold.
    7. Except in authorized designated areas, alcohol is strictly prohibited in athletic facilities, at athletic events and at any "tailgating."
    8. No event will include any kind of a "drinking contest" or "drinking game," or feature any inducements to consume excessive amounts of alcohol.
    9. For a listing of consequences for noncompliance, please refer to Sections I.E. – "Consequences for Non- Compliance" and I.F. –"Parental Notification for Student Violations of the Alcohol and Other Drugs Policy."

8. Alcohol in University Housing (Living Units)

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  1. Alcohol is not permitted within undergraduate living units serving predominately underage students (Chestnut, Evergreen, Holly Pointe Commons, Magnolia, Mimosa, Mullica, or Willow halls- excluding graduate and professional staff living units). These areas are designated "dry" living units. No one, regardless of age, is permitted to possess, consume or be in the presence of alcohol in these areas.
  2. All other living areas (Laurel, Oak, Edgewood Park, International, Rowan Blvd., Triad, Townhouses, Whitney Center or any temporary University housing such as a hotel) in which any assigned resident is under the age of twenty-one is a designated "dry" living unit. No one, regardless of age, is permitted to possess, consume or be in the presence of alcohol in these areas. It is the responsibility of each resident to know if alcohol is permitted within their living unit.

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  1. Alcohol is permitted only in living units in which all assigned residents are of legal drinking age. These are considered "wet" living units. It is the responsibility of each resident to know if alcohol is permitted within their living unit.

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9.  Alcohol in University Housing Regulations state:

a. Persons under the age of twenty-one MAY NOT:

      • Be in possession of or in the presence of alcohol in any living unit.
      • Permit persons to bring in or consume alcohol in their living unit.
      • Carry opened or unopened alcoholic beverage containers any place on campus.
      • Provide alcohol to any persons on campus.
      • Possess alcohol displays made up of empty alcoholic beverage containers.

b. Persons twenty-one and older MAY NOT:

      • Consume alcohol outside of a living unit (lobby, hallways, stairwells, grounds, etc.).
      • Possess/Consume alcohol in a "dry" living unit. Note: It is the responsibility of each student to know whether a living unit is "wet" or "dry."
      • Permit underage persons to possess or be in the presence of alcohol in their living unit.
      • Provide alcohol to others under the age of twenty-one.
      • Charge in any way for alcohol consumption by others.
      • Possess kegs, beer balls, or paraphernalia that promotes excessive consumption of alcohol
      • Possess alcohol displays made up of empty alcoholic beverage containers

c. Persons twenty-one and older MAY:

      • Possess/Consume alcohol in their living unit if it is designated "wet" and all those present are of legal drinking age.
      • Consume alcohol in another living unit if it is designated "wet" and all those present are of legal drinking age.
      • Transport unopened alcoholic beverage containers within University housing areas that are packaged and out of plain view.
      • Provide alcohol in their living unit to others of legal drinking age.
  •       d. Persons who are present, within University housing, where alcohol is being consumed by those over or under the legal drinking age will be presumed to have been drinking or in possession of alcohol if Public Safety, RAs, 
  •           RDs, or other University officials are called to the scene. This is because it is not possible to distinguish who is actually consuming or possessing alcohol on an individual basis where a number of persons are present.

10. Off-Campus Events

    1. University-affiliated events are covered by this policy, even though they may take place off campus. A University affiliated event is defined as an off-campus gathering of members of the Rowan University community (and/or their guests) which is sponsored or funded in whole or in part by Rowan University. Private off-campus events which are not sponsored or funded by Rowan University will also be subject to the University discipline system if the conduct violates University regulations or local, state, or federal law, or when the University determines that the conduct has a direct impact on the educational mission and interests of the University and/or the safety and welfare of the University community. Please be aware that the University reserves the right to hold a student responsible for actions at their residence even if they were not present at the time of the incident. In such a case, the student would be required to produce confirming evidence that s/he was not involved.
    2. Sponsors, coaches, and/or organization advisers are expected to ensure that their respective student organizations/groups take reasonable precautions in their activities in order that policies and laws governing alcohol/illegal drugs are not violated and that the welfare of their members is not endangered. The Vice President for Student Life and Dean of Students in conjunction with the sponsors, advisers, or coaches may designate an event as non-alcoholic and/or determine the conditions under which the consumption of alcohol may be permitted by students of legal drinking age. Therefore, a sponsor, adviser, or coach may prohibit the service, possession, or consumption of alcohol by any person, regardless of age, at University-affiliated or University-funded activities (e.g., retreats, conferences, intercollegiate athletic events, etc.). Sponsors, advisers, or coaches will inform the student organizations of their decision(s) regarding the nature of the event prior to the scheduled date of the activity.
    3. The University expects that the existing state, local, or premises regulations which prohibit illegal drugs or regulate the service, sale, possession, or consumption of alcohol will be supported and enforced at University-sponsored events.
    4. Under New Jersey Statute, it is unlawful for any operator or passenger in a motor vehicle to possess an open container of an alcoholic beverage, regardless of age. In addition, the University prohibits the service, sale, or consumption of alcoholic beverages while in transit in any motor vehicle, to or from any University-affiliated event. This applies to all students, faculty, staff, alumni, and their guests, regardless of legal drinking age.
    5. Alcoholic beverages will not be permitted at intercollegiate athletic events.

VI.  CONSEQUENCES FOR NON-COMPLIANCE

  1. The University is concerned that individuals make responsible decisions regarding the use of legal and illegal substances. All members of the campus community found in violation of the Rowan University Alcohol and Other Drugs Policy will be subject to disciplinary action.
  2. A student found violating the Alcohol and Other Drugs Policy will be considered to have violated the Student Code of Conduct and be subject to sanctions commensurate with the offense consistent with local, State, and Federal law, up to and including expulsion from the university, as well as the possibility of revocation of the privilege to consume alcohol on campus and/or to attend University affiliated events at which alcohol will be served or consumed. Referrals to educational programs sponsored by the Wellness Center at Winans may be required.
  3. Organizational sanctions for violations of the Alcohol and Other Drugs Policy by campus groups may include written reprimand, restriction or loss of privileges, and loss of official recognition. In addition, the campus group may be mandated to participate in educational programs. Individual members of the group may also be individually sanctioned for their involvement in the violations pursuant to this section.
  4. Violations of the University Alcohol and Other Drugs Policy by a University employee will be referred to the individual's supervisor for the appropriate administrative action consistent with the state regulations and applicable agreements between the state and employee bargaining units. An employee may be disciplined for violation of this policy consistent with local, State, and Federal law up to and including termination of employment and referral for prosecution.
  5. Violations of the University Alcohol and Other Drugs Policy by persons who are not members of the University community may result in their being banned from the Rowan University campus or from specific facilities and/or subject to arrest for trespass. Contractors are subject to all University rules and regulations.
  6. Any violation which occurs while an event is in progress may subject the violator to immediate removal from the area.
  7. When violations or other circumstances occur at events which, in the judgment of University officials, constitute a threat to life or property or which create a substantial risk thereof, the event may be terminated. It is expected that such authority will be exercised only in extraordinary and/or emergency circumstances.
  8. This policy does not supplant or supersede statutory or administrative law at the federal, state, county, or municipal level. Strict compliance with such laws will be the responsibility of all organizations and individuals. Violators of the law may be subject to penalties imposed by a court or other empowered board, agency, or commission, in addition to any action taken by Rowan University.

VII.  PARENTAL NOTIFICATION FOR STUDENT VIOLATIONS OF THE ALCOHOL AND OTHER DRUGS POLICY

Rowan University's Alcohol and Other Drugs Policy outlines the University's position regarding the unauthorized possession, use, or distribution of alcohol and controlled substances on campus. A 1998 amendment to The Family Education Rights and Privacy Act of 1974 authorizes higher education institutions to inform a parent or guardian of any student under age 21, who has been found in violation of any federal, state, or local law or any rule or policy of the institution governing the use or possession of alcohol or controlled substances. The Office of Community Standards may notify parents/guardians of students under 21 years of age when a student is found responsible for a violation of the Alcohol and Other Drugs Policy. Please note: Citations given by the law enforcement unit of a university are not covered by FERPA. Therefore, Rowan Public Safety may notify parents/legal guardians when citations have been issued by law enforcement officials, without waiting for a hearing or any other due process.

VIII.  ATTACHMENTS

  1. Attachment 1 - Summary of Applicable State and Local Laws Regarding Alcohol Offenses and Penalties
  2. Attachment 2 - Summary of Applicable State and Federal Laws Regarding Drug Offenses and Penalties
  3. Attachment 3 – State of New Jersey Drug-Free Workplace Act - Executive Order No. 204
  4. Attachment 4 – Commonly Abused Drugs
  5. Attachment 5 - Education and Prevention - Important Telephone Numbers
  6. Attachment 6 - Biennial Review of Policy and the Alcohol and Drugs Education Program

ATTACHMENT 1
SUMMARY OF APPLICABLE STATE AND LOCAL LAWS
REGARDING ALCOHOL OFFENSES AND PENALTIES

As of January 1, 1983 New Jersey state law prohibited the sale, possession, or consumption of alcohol by individuals under 21 years of age. Rowan University is a public institution governed by Federal, State, and local laws, and by University policies and procedures. The University complies with municipal and other law enforcement authorities in enforcing these laws as stated below:

State of New Jersey

  1. The purchase and consumption of alcohol is a right extended by the State of New Jersey. The legal age to purchase and consume alcoholic beverages in the State of New Jersey is twenty-one (N.J.S.A. 9:17b-1).
  2. Possession or Consumption of Alcoholic Beverages in Public Places by persons under legal age (NJ.S.A. 2C:33-15) Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, place of public assembly, or motor vehicle is guilty of a disorderly persons offense and shall be fined not less than $500.
  3. Purchase of Alcohol by/for the Under-aged (N.J.S.A. 2C:33:1-81) An under-aged person who purchases or attempts to purchase alcohol, or who misstates his/her age, or a person of legal age who purchases alcohol for an under aged person faces a conviction of a disorderly persons offense, which incurs a fine of not less than $500 and loss of license for six months. In addition, under aged persons may be required to participate in a state-sponsored alcohol education program.
  4. Offering Alcoholic Beverages to Underage Person (N.J.S.A. 2C:33-17) Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage is a disorderly person. This provision does not apply to certain close relatives, certain activities confined to the home, or if the consumption is part of a religious observance.
  5. Transfer of ID (N.J.S.A. 33:1-81.7) Someone who is under aged and uses another person's ID card to obtain alcohol, or someone of legal age who gives his/her ID card to an under aged person so that he/she can obtain alcohol, faces a fine of up to $300 or up to 60 days in jail.
  6. False ID (N.J.S.A. 2C:21) A person who knowingly possesses a document or other writing which falsely purports to be a driver's license or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime in the fourth degree.
  7. Social Host Liability (N.J.S.A. 2A:15-5.6.) A social host who willingly and knowingly provides alcoholic beverages to a person who the host should reasonably foresee will soon be driving, may be held liable for injuries suffered by a third party as a result of a motor vehicle accident caused by that person.
  8. Driving While Intoxicated
    1. Operating Motor Vehicles While under the Influence of Intoxicants (N.J.S.A. 39:4-50) A person is said to be legally drunk in New Jersey if his/her blood alcohol concentration is at or above .08%.
    2. PENALTIES: All persons convicted of DWI must pay an insurance surcharge. In addition:
      • For the first offense, there are additional fines and charges of at least $470 (bringing the total minimum charges for a first offense to $3,470); loss of license for 7-12 months; and a requirement to spend 12-48 hours in an Intoxicated Driver Resource Center. A first-time offender also faces a possible 30- day jail term.
      • For a second offense, there are additional fines and charges of at least $720; loss of license for 2 years; a requirement to perform 30 days of community service and to spend 48 hours in an Intoxicated Driver Resource Center or jail. Also, there is a possible 90-day jail term.
      • For a third offense, additional fines and charges of at least $1,220; loss of license for 10 years; and a 180-day jail term. The insurance surcharge for a third-time offender is $1,500 per year for three years. These fines and charges do not include court and legal fees.
  9. Driving While License Is Suspended Due to DWI (N.J.S.A. 39.3- 40). If a person is found driving while his/her license is suspended due to a conviction for Driving While Intoxicated, that person upon conviction again shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.
  10. Refusal to Take the Breathalyzer Test (N.J.S.A. 39:4-50.4a). Refusal to take the breathalyzer test where there is probable cause for arrest for DWI will result in a 6-month loss of license, a fine of $250-$500, and an obligation to satisfy the requirements of an alcohol education or rehabilitation program. A person can also be convicted of DWI without the results of a breathalyzer test. In that case, he/she will suffer all the additional fines and penalties specified for the DWI conviction.

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  1. Borough of Glassboro - http://ecode360.com/GL0316
  2. Stratford Borough - https://www.municode.com/library/#!/nj/stratford_borough/codes/code_of_ordinances
  3. City of Camden - http://ecode360.com/CA1078

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State of New Jersey 

  1. N.J.S.A. 2C:35-3, Leader of Narcotics Trafficking Network, provides penalties for a person found to have acted as an organizer, supervisor, manager or financier of a scheme distributing any Schedule I or II drug.
  2. N.J.S.A. 2C:35-4, Maintaining or Operating a Controlled Dangerous Substance (CDS) Production Facility, provides that such conduct is a first degree crime punishable by imprisonment and fines.
  3. NJ.S.A. 2C:35-5, Manufacturing, Distributing, or Dispensing, provides that such conduct results in imprisonment and fines.
  4. N.J.S.A. 2C:35-6, Using a Juvenile in a Drug Distribution Scheme, provides that such conduct is a second degree crime punishable by imprisonment and fines.
  5. N.J.S.A. 2C:35-7, Drug-Free School Zones, provides that any person who distributes, dispenses, or possesses with intent to distribute a controlled dangerous substance within 1,000 feet of school property is guilty of a crime of the third degree.
  6. NJ.S.A. 2C:35-8, Distribution to Persons Under Eighteen or Pregnant Females, provides that such conduct carries a penalty of imprisonment and fines.
  7. N.J.S.A. 2C:35-9, Strict Liability for Drug-Induced Death, provides that such a situation is a first degree crime, same as murder, but no intent need be shown, only that death resulted as a result of the use of a drug supplied by the defendant.
  8. N.J.S.A. 2C:35-10, Possession, Use, Being Under the Influence, or Failure to Make Lawful Disposition, provides that such conduct carries penalties of imprisonment and fines. Possession of anabolic steroids is a third degree crime. N.J.S.A. 2C:35-11, Imitation Controlled Dangerous Substance (CDS), provides that dispensing or distributing a substance falsely purported to be a CDS is a third degree crime, and can carry a fine up to $200,000. Drug paraphernalia is defined "…all equipment, products, and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled dangerous substance... including... roach clips... bongs... pipes..."
  9. N.J.S.A. 2C:36-2, Use or Possession with Intent to Use, Narcotic Paraphernalia, provides that such conduct carries a disorderly persons offense.
  10. N.J.S.A. 2C:36-3, Distribute, Dispense, Possess with Intent to, Narcotics Paraphernalia, provides that such conduct is a fourth degree crime.
  11. N.J.S.A. 2C:36-4, Advertise to Promote Sale of Narcotics Paraphernalia, provides that such conduct is a fourth degree crime.
  12. N.J.S.A. 2C:36-5, Delivering Paraphernalia to Person Under Eighteen Years, provides that such conduct constitutes a third degree crime.
  13. N.J.S.A. 2C:36-6, Possession or Distribution of Hypodermic Syringe, provides that such conduct constitutes a disorderly persons offense.

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  1. The criminal offenses most commonly charged under the Federal Controlled Substances Act are the knowing, intentional and unauthorized manufacture, distribution or dispensing of any controlled substance or the possession of any controlled substance with the intent to manufacture, distribute, or dispense. Federal law also prohibits the knowing, intentional and unauthorized creation, distribution, dispensing, or possession with the intent to distribute or dispense a "counterfeit substance." Simple possession without necessarily intent to distribute is also forbidden by Federal law and carries a penalty of imprisonment. Attempts and/or conspiracies to distribute or possess with intent to distribute a controlled substance are crimes under Federal law. Specific drug crimes that may carry greater penalties include the following:
    • The distribution of narcotics to persons under 21;
    • The distribution or manufacturing of narcotics near schools and colleges;
    • The employment of juveniles under the age of 18 in drug trafficking operations;
    • The distribution of controlled substances to pregnant women. The penalties for violating Federal narcotics statutes vary. The penalties may be more severe based upon two principal factors:
    • The type of drug involved; and
    • The quantity of the drug involved. With the exception of simple possession charges which result in up to one year imprisonment, maximum penalties for narcotic violations range from 20 years to life in prison. Certain violations carry mandatory minimum prison sentences of either five years or ten years. Harsher penalties will be imposed if a firearm is used in the commission of a drug offense. If a drug offense results in death or serious bodily injury to an individual who uses the drug involved, the penalties are harsher. Anabolic steroids are controlled substances and distribution or possession with intent to distribute carries a sentence of up to five years and a $250,000 fine.

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WHEREAS, the problem of drug abuse is adversely affecting the lives and safety of our citizens; and
WHEREAS, the abuse of drugs in the workplace, among other things, reduces job efficiency, increases absenteeism and sick leave, and, most importantly, jeopardizes the lives and safety of fellow employees and citizens; and
WHEREAS, the State of New Jersey has a vital interest in promoting a safe and drug-free workplace and in ensuring our citizens that public safety employees do not threaten life and limb due to the abuse of drugs; and
WHEREAS, the Federal Drug-Free Workplace Act of 1988, Public Law 100-690, Title V, Subtitle D, conditions receipt of Federal grant funds upon the grantee's agreement to provide a drug free workplace; and
WHEREAS, the Federal Drug-Free Workplace Act requires a grantee to prohibit the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, to specify actions that may be taken against employees who violate the prohibition, to establish a drug free awareness program for employees, to require employees and employers to give notice of any conviction for a drug offense committed in the workplace; and
WHEREAS, the citizens of the State greatly benefit from the State government's participation in federally funded programs;
NOW, THEREFORE, I, THOMAS H. KEAN, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

  1. The following "Policy for a Drug-Free Workplace in New Jersey State Government" shall apply to all principal executive departments in New Jersey State Government, the Office of the Governor, and all agencies that are in, but not of, principal executive departments. This policy establishes minimum standards for the imposition of discipline and for participation in drug abuse treatment programs in the limited context of convictions for drug offenses committed in the workplace. Nothing in this Policy precludes the application of other more comprehensive or more stringent provisions governing drug offenses committed by State employees. In fact, the Cabinet Task Force on Drug Testing in the Workplace, which was created in Executive Order No. 191, will formulate a more comprehensive State policy regarding drug abuse and the workplace in the near future.
  2. The State of New Jersey is committed to maintaining a drug-free workplace for all State employees in order to protect the health and safety of State employees and the public.
  3. The unlawful manufacture, distribution, dispensation, possession, or use of a drug in the workplace is prohibited.
  4. In addition to any other applicable civil or criminal penalty, any employee convicted of illegal manufacture, distribution, dispensation, possession, or use of a drug in the workplace shall be subject to the following consequences:
    1. The State Forfeiture of Public Office Statute (N.J.S.A. 2C:51-2) requires forfeiture of public office or employment upon conviction of a crime of the third degree or higher. All convictions of crimes of the third degree or higher listed in the Comprehensive Drug Enforcement Act of 1987, and all convictions for equivalent Federal and out-of-state drug offenses, require forfeiture of public office or employment.
    2. The Forfeiture of Public Office Statute also requires forfeiture of public office or employment upon conviction for an offense involving dishonesty or upon conviction for an offense involving or touching upon the convicted person's public employment irrespective of the degree of the offense. Consequently, convictions for any drug offense occurring in the workplace (including fourth degree, disorderly persons, and petty disorderly persons offenses) which are determined to involve or touch upon the office or employment of an individual may result in the statutory forfeiture of public office or employment.
    3. In the case of a drug conviction for an offense occurring in the workplace that does not result in statutory forfeiture of public office or employment, disciplinary action shall be taken. The extent of disciplinary action shall be determined by the appointing authority. In addition, in the case of any disciplinary action other than removal, an employee shall be required to satisfactorily participate in a program for the treatment of drug abuse approved by both the appointing authority and any Federal or State agency responsible for the approval or licensure of such programs.
    4. Each department head, agency head, or their designee who receives notice of a drug offense conviction shall, within 30 days of receipt of notice, take the administrative action necessary for removal where statutory forfeiture is required, and where statutory forfeiture is not required, take the administrative action necessary to impose discipline and require satisfactory participation in an approved program for drug abuse where appropriate.
  5. An employee who is convicted of a drug offense committed in the workplace must, within five days, report the conviction to his or her supervisor.
  6. Each supervisor who receives a report of a conviction for a drug offense in the workplace must immediately report the conviction, according to departmental or agency procedures, to the department head, agency head, or their designee.
  7. Within 10 days of the supervisor's receipt of notice of a conviction for a drug offense, the department head, agency head, or their designee shall ensure that notification of such conviction is provided to any Federal agency providing funds for a program in which the convicted employee is employed.
  8. Each department head, agency head, or their designee must develop and implement procedures to ensure that reports, which are received by supervisors concerning convictions for drug offenses in the workplace, are reported promptly to the department head, agency head, or their designee.
  9. Each department head, agency head, or their designee must maintain records that contain the following information on each conviction for a drug offense committed in the workplace by an employee:
    1. Date of conviction
    2. Disciplinary action taken
    3. Whether the employee is one whose duties involve the performance of a Federal grant
    4. Date Federal grantor was notified of the conviction, if applicable.
  10. Each department head, agency head, or their designee will distribute an Employee Notice, and this Executive Order to each current employee. Each department head, agency head, or their designee shall distribute these documents to any employee who joins the work force after the initial distribution. A program entitled, "Drug-Free Awareness" is being developed, and upon completion will be provided to all employees.
  11. Definitions for purpose of this policy:
    1. Conviction - means a finding of guilt, or a plea of guilty, before a court of competent jurisdiction, and, where applicable, a plea of nolo contendere. A conviction is deemed to occur at the time the plea is accepted or verdict returned. It does not include entry into and successful completion of a pre-trial intervention program, pursuant to N.J.S.A. 2C:43-12, et seq., or a conditional discharge, pursuant to N.J.S.A. 2C:36A-1.
    2. Drug - means a controlled dangerous substance, analog, or immediate precursor as listed in Schedules I through V in the New Jersey Controlled Dangerous Substances Act, N.J.S.A. 24:21-1, et seq., and as modified in any regulation issued by the Commissioner of the Department of Health. It also includes controlled substances in Schedules I through V of Section 202 of the Federal Controlled Substance Act of 21 U.S.C. 812. The term shall not include tobacco or tobacco products or distilled spirits, wine, or malt beverages as they are defined or used in N.J.S.A. 33:1-1, et seq.
    3. Employee - means all employees of the Office of the Governor or a department or agency within the scope of this Policy, whether full- or part-time and whether in the career, senior executive, or unclassified service.
    4. Workplace - for the purposes of this Policy only, means the physical area of operations of a department or agency including buildings, grounds, and parking facilities provided by the State. It includes any field location or site at which an employee is engaged, or authorized to engage, in work activity, and includes any travel between such sites.

...

(signed) Thomas H. Kean, GOVERNOR

ATTACHMENT 4
COMMONLY ABUSED DRUGS

...

  • Commercial and street names include blunt, dope, ganja, grass, herb, joints, Mary Jane, pot, reefer, sinsemilla, skunk, and weed.
  • Schedule 1 drug
  • Usually smoked or swallowed
  • Intoxicating effects include euphoria, slowed thinking and reaction time, confusion, and impaired balance and coordination.
  • Potential health consequences include cough, frequent respiratory infections, impaired memory and learning, increased heart rate, anxiety, panic attacks, tolerance, and addiction.

...

  • Commercial and street names include Amytal, Nembutal, Seconal, Phenobarbital, barbs, reds, red birds, phennies, tooties, and yellows
  • Schedule 2, 3, 5 drug
  • Usually injected or swallowed
  • Intoxicating effects include reduced anxiety, feeling of well-being, lowered inhibitions, slowed pulse and breathing, lowered blood pressure, poor concentration, sedation, and drowsiness.
  • Potential health consequences include fatigue, confusion, impaired coordination, addiction, respiratory depression and arrest, depression, fever, irritability, poor judgment, slurred speech, dizziness, life-threatening withdrawal, and death.

...

  • Commercial and street names include Ativan, Halcion, Xanax, Librium, Valium, candy, downers, sleeping pills, and tranks.
  • Schedule 4 drug
  • Usually swallowed or injected
  • Intoxicating effects include reduced anxiety, feeling of well-being, lowered inhibitions, slowed pulse and breathing, lowered blood pressure, poor concentration, sedation, and drowsiness.
  • Potential health consequences include dizziness, fatigue, confusion, impaired coordination, addiction, respiratory depression and arrest, and death.

...

  • Commercial and street names include Rohypnol, forget-me pill, Mexican Valium, R2, Roche, roofies, roofinol, rope, and rophies.
  • Schedule 4 drug
  • Usually swallowed or snorted
  • Intoxicating effects include reduced anxiety, feeling of well-being, lowered inhibitions, slowed pulse and breathing, lowered blood pressure, and poor concentration.
  • Potential health consequences include fatigue, confusion, impaired coordination, addiction, respiratory depression and arrest, visual and gastrointestinal disturbances, urinary retention, and memory loss for the time under the drug's effects and death.

...

  • Commercial and street names include gamma-hydroxybutyrate, G, Georgia home boy, grievous bodily harm, and liquid ecstasy.
  • Schedule 1 drug
  • Usually swallowed
  • Intoxicating effects include reduced anxiety, feeling of well-being, lowered inhibitions, slowed pulse and breathing, lowered blood pressure, and poor concentration.
  • Potential health consequences include fatigue, confusion, addiction, respiratory depression and arrest, drowsiness, nausea/vomiting, headache, loss of consciousness, loss of reflexes, seizures, coma, and death.

...

  • Commercial and street names include Ketalar SV, cat Valiums, K, Special K, vitamin K
  • Schedule 3 drug
  • Usually injected, swallowed or smoked
  • Intoxicating effects include increased heart rate and blood pressure and impaired motor function.
  • Potential health consequences include memory loss, numbness, nausea/vomiting at high doses, delirium, depression, respiratory depression and arrest.

...

  • Commercial and street names include lysergic acid diethylamide, acid, blotter, boomers, cubes, microdot, and yellow sunshines.
  • Schedule 1 drug
  • Usually swallowed, absorbed through mouth tissues
  • Intoxicating effects include altered states of perception and feeling.
  • Potential health consequences include nausea, persistent mental disorders, persisting perception disorder (flashbacks), increased body temperature and heart rate, loss of appetite, sleeplessness, numbness, weakness, and tremors.

...

  • Commercial and street names include buttons, cactus, mesc, and peyote
  • Schedule 1 drug
  • Usually swallowed or smoked
  • Intoxicating effects include altered states of perception and feeling.
  • Potential health consequences include nausea, persisting perception disorder (flashbacks), increased body temperature and heart rate, loss of appetite, sleeplessness, numbness, weakness, and tremors.

...

  • Commercial and street names include Empirin with Codeine, Fiorinal with Codeine, Robitussin A-C, Tylenol with Codeine, Captain Cody, Cody, doors & fours, loads, and pancakes and syrup.
  • Schedule 2, 3, 4 drug
  • Usually injected or swallowed
  • Intoxicating effects include pain relief, euphoria, and drowsiness.
  • Potential health consequences include nausea, constipation, confusion, sedation, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma, and death.

...

  • Commercial and street names include Actiq, Duragesic, Sublimaze, Apache, China girl, China white, dance fever, friend, goodfella, jackpot, murder 8, TNT, Tango, and Cash.
  • Schedule 1, 2 drug
  • Usually injected, smoked or snorted
  • Intoxicating effects include pain relief, euphoria, and drowsiness.
  • Potential health consequences include nausea, sedation, constipation, confusion, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma, and death.

...

  • Commercial and street names include diacetylmorphine, brown sugar, dope, H, horse, junk, skag, skunk, smack, and white horse.
  • Schedule 1 drug
  • Usually injected, smoked, or snorted.
  • Intoxicating effects include pain relief, euphoria, drowsiness, and staggering gait.
  • Potential health consequences include nausea, sedation, constipation, confusion, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma, and death.

...

  • Commercial and street names include Roxanol, Duramorph, M, Miss Emma, monkey, and white stuff.
  • Schedule 2, 3 drug
  • Usually injected, swallowed, or smoked.
  • Intoxicating effects include pain relief, euphoria, and drowsiness.
  • Potential health consequences include nausea, sedation, constipation, confusion, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma, and death.

...

  • Commercial and street names include laudanum, paregoric, big 0, black stuff, block, gum, and hop.
  • Schedule 2, 3 drug
  • Usually swallowed or smoked.
  • Intoxicating effects include pain relief, euphoria, and drowsiness.
  • Potential health consequences include nausea, sedation, constipation, confusion, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma, and death.

...

  • Commercial and street names include Oxycontin, Oxy, 0.C., and killer.
  • Schedule 2 drug
  • Usually swallowed, snorted or injected.
  • Intoxicating effects include pain relief, euphoria, and drowsiness.
  • Potential health consequences include nausea, constipation, confusion, sedation, respiratory depression and arrest, tolerance, addiction, unconsciousness, coma, and death.

...

  • Commercial and street names include Biphetamine, Dexedrine, bennies, black beauties, crosses, hearts, LA turnaround, speed, truck drivers, and uppers.
  • Schedule 2 drug
  • Usually injected, swallowed, smoked, or snorted.
  • Intoxicating effects include increased heart rate, blood pressure, metabolism, feelings of exhilaration, and increased mental alertness.
  • Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness, insomnia, rapid breathing/tremor, loss of coordination, irritability, anxiousness, restlessness, delirium, panic, paranoia, impulsive behavior, aggressiveness, tolerance, addiction, and psychosis.

...

  • Commercial and street names include Cocaine hydrochloride, blow, bump, C, candy, Charlie, coke, crack, flake, rock, snow, toot.
  • Schedule 2 drug
  • Usually injected, smoked, or snorted.
  • Intoxicating effects include increased heart rate, blood pressure, metabolism, feelings of exhilaration, increased mental alertness, and increased temperature.
  • Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness, insomnia, chest pain, respiratory failure, nausea, abdominal pain, strokes, seizures, headaches, malnutrition, and panic attacks.

...

  • Commercial and street names include Adam, clarity, ecstasy, Eve, lover's speed, peace, STP, X, XTC.
  • Schedule 1 drug
  • Usually swallowed.
  • Intoxicating effects include increased heart rate, blood pressure, metabolism, feelings of exhilaration, increased mental alertness, mild hallucinogenic effects, increased tactile sensitivity, and empathic feelings.
  • Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness, insomnia, impaired memory and learning, hyperthermia, cardiac toxicity, renal failure, and liver toxicity.

...

  • Commercial and street names include Desoxyn, chalk, crank, crystal, fire, glass, go fast, ice, meth, and speed.
  • Schedule 2 drug
  • Usually injected, swallowed, smoked, or snorted.
  • Intoxicating effects include increased heart rate, blood pressure, metabolism, feelings of exhilaration, and increased mental alertness.
  • Potential health consequences include rapid or irregular heart beat; reduced appetite, weight loss, heart failure, nervousness, insomnia, aggression, violence, psychotic behavior/memory loss, cardiac and neurological damage, impaired memory and learning, tolerance, and addiction.

REFERENCES

  1. RowanSOM Student Responsibilities, Rights and Disciplinary Procedures
  2. RowanSOM Student Handbook 
  3. Honor Code and Professional Conduct sections of the [Cooper Medical School of Rowan University] Student Handbook
  4. Student Handbook [Graduate School of Biomedical Sciences] Handbooks and Catalogs | Graduate School of Biomedical Sciences | Rowan University

VI. POLICY

Rowan is an academic community which has instituted this Code to set forth standards, expectations, rights, and responsibilities consistent with its purpose as an educational institution. The University reaffirms the principle of student freedom; however, these tenets are coupled with an acceptance of full responsibility for one's behavior and the associated consequences. Rowan recognizes the rights of its students guaranteed by the Constitutions of the United States and the State of New Jersey. These include a student's rights to freedom of speech, expression, inquiry, assembly, peaceful pursuit of an education, reasonable use of services and facilities of the University, and the presumption of innocence.

Rowan promotes a diverse community that begins with students, faculty, staff, and administration who respect each other and value each other’s dignity. By identifying and removing barriers and fostering individual potential, Rowan will cultivate a community where all members can learn and grow. The Rowan community is committed to promoting a safe environment that encourages intellectual, academic, and social interaction and engagement across multiple intersections of identities. At Rowan, creating and maintaining a caring community that embraces diversity in its broadest sense is among the highest priorities.

As an institution of higher education, Rowan has the responsibility to expose students to educational opportunities that promote growth, development, and exposure to diverse and differing perspectives.  As a result, designated University Officials have the right to engage in conversations with students in an effort to provide educational opportunities independent of any level of responsibility for violations of the Code. While it is the goal of the disciplinary process to educate students as to the purpose and importance 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 behavior.

In addition to the Code, students must recognize and comply with the standards of classroom behavior as stated in their individual course syllabi. This document and supporting materials have been developed to guarantee procedural fairness to students when there has been an alleged failure to abide by Rowan policies and regulations. Procedures may vary in formality given the gravity and nature of the offense and the sanctions that may be applied. Each student is responsible for reading and complying with the Code.

  1. Authority
    1. The Vice President of Student Life/Dean of Students or designees has the responsibility for maintaining and implementing the Code. In a situation where a student's health or safety is seriously endangered, the Vice President of Student Life/Dean of Students or designees has the authority and will make every attempt to notify the student's parent/guardian as soon as possible.
  2. Violation of Law and University Discipline
    1. Students may be accountable to multiple authorities for acts which violate the Code. University disciplinary action will normally proceed during the pendency of criminal proceedings. The University reserves the right to reach 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,
      1. Civil
      2. Criminal
      3. Local
      4. University Code
      5. University Policies
  3. Conduct Rules
    1. Individual students and student organizations are expected to abide by the Conduct Rules and Regulations (see Attachment 3), and administrators are expected to enforce them. Additional rules and regulations may be promulgated during the year; announcements will be made upon adoption of the changes or additions. Attempting, abetting, or being an accessory to any act prohibited by the Code will be considered the same as a completed violation.
  4. Rowan Global Students
    1. Rowan students in online or hybrid courses must also meet the "conduct" expectations as listed at www.rowanonline.com. Students participating in off-site Rowan Global Extension programs will also be expected to follow the guidelines provided by that facility. Questions should be directed to Academic and Student Services, Office of Graduate Studies, Division of Global Learning & Partnerships at global@rowan.edu.
  5. Violation Levels
    1. Violations of the Code are generally adjudicated based upon their magnitude or seriousness. Multiple violations, or the severity of a single violation, may increase the given sanctions. Some acts of misconduct may fall within two or more standards of the Code. In such cases, the University has the right to impose all of the sanctions available for all of the violations (Attachment 8).
  6. Appeals
    1. Upon receiving notification of the outcome of a case, the Respondent, Complainant, victim (in cases of "crimes of violence" covered under this Code) or the Vice President of Student Life/Dean of Students or designee (in Campus Hearing Board cases) may file an appeal as outlined in Attachment 9. The appeals process described will be the final step in the discipline process and constitutes final University action.
  7. Procedures for Interim Suspension of Course participation, presence on Campus or Residence Areas and participation in University Related Activities
    1. A student may be suspended from continuing participation in coursework, being present on the campus or in campus residence areas, or from participation in University related activities for an interim period pending a disciplinary hearing. The interim suspension is effective immediately 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 stability and/or continuance of normal University functions. (Refer to Attachment 10)
  8. Conduct Code Violations' Effect upon Graduation
    1. A student found responsible for violations of the Code, which could have led to expulsion or suspension had s/he/they remained a registered student at the University, and who has otherwise satisfied the University's published requirements for graduation, may have the awarding of his/her/their degree postponed to a future date or permanently withheld. A student whose graduation 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 period of his/her/their sanction. In cases where graduation is delayed due to pending charges, cases normally will be adjudicated within as short a period of time as is practicable.
  9. Release of Disciplinary Record Information
    1. In accordance with current guidelines established in the Family Educational Rights and Privacy Act (FERPA) and implemented by Rowan, the record of most disciplinary proceeding's findings is not open to the public or disclosure to a third party without the consent of the individual student.
      1. 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 appeals are exhausted, the final results of campus disciplinary hearings for crimes of violence to be publicly disclosed, including the name of the Respondent(s) held responsible and the nature of the offense.
      2. Parents or guardians may be notified for cases involving certain crimes of violence and in certain cases involving violations of campus drug or alcohol regulations, when the student is a dependent (as defined in Section 152 of the Internal Revenue Code of 1986) or when the Vice President of Student Life/Dean of Students or designee deems the matter to have been a health or safety emergency. Complainants in other types of cases will be notified about case adjudication and sanctions imposed if, in the Vice President of Student Life/Dean of Students or designee's opinion, such disclosure is necessary to protect the safety of the Complainant or of other members of the University community.
      3. If FERPA or other pertinent regulations change, the students involved will be notified before a hearing is held. Information regarding FERPA Directory Information and the disclosure of information can be found on the Office of the University Registrar website at rowan.edu/provost/registrar/ferpa.html.
      4.  The Office of Community Standards does not maintain or release police reports. Any request for a police report associated with a disciplinary case must be made to the issuing police department.
  10. Record Keeping
    1. The Office of Community Standards will maintain student disciplinary files, which contain all necessary and appropriate correspondence, Hearing Officer, Hearing Board, and appeal decisions as well as other documentation pertinent to any cases for which a student was found responsible for a violation of the Code. Records of cases that are designated as "pending" will also be maintained. Student disciplinary files will be maintained as follows:
      1. 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 Retention and Disposition Management System) and in accordance with the State of New Jersey Records Retention Policy.
      2. Records that are typically maintained are:
        1. Letters of communication
        2. Evidentiary materials
        3. Hearing Decision Letters
        4. Appeal Letters
      3. The disciplinary records of students who were Suspended or Expelled will be maintained indefinitely.
  11. Timelines
    1. All times set in the Code may be extended by the University, for good cause. Reasonable extensions will be determined by the Vice President of Student Life/Dean of Students or designee.
  12. Interpretation and Revision
    1. Any question of interpretation regarding the Code will be referred to the Vice President of Student Life/Dean of Students or designee for final determination. 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 

  1. Attachment 1 – Definitions
  2. Attachment 2 - Complaints Against Students, Student Groups and Non-Students
  3. Attachment 3 - Conduct Rules
  4. Attachment 4 - Disciplinary Procedures
  5. Attachment 5 - Campus Hearing Board
  6. Attachment 6 - Rights In All Disciplinary Hearings
  7. Attachment 7 - Sanctions
  8. Attachment 8 - Application of Standard Sanctions
  9. Attachment 9 - Appeals
  10. Attachment 10 - Procedures for Interim Suspension of Course participation, presence on Campus or Residence Areas and participation in University Related Activities
  11. Procedures for Addressing Allegations of Discrimination, Harassment, and Retaliation (Student v. Student)
  12. Procedures for Addressing Off-Campus Concerns
  13. Non-Response Policy


ATTACHMENT 1 
DEFINITIONS 

  1. Administrative Hearing Officer refers to a University official designated by the Vice President of Student Life/Dean of Students (or designee) to hold a hearing to determine whether a student has violated the Code and, if so, to impose sanctions.
  2. Campus Appeals Officer/Board refers to the person or groups of persons authorized by the Vice President of Student Life/Dean of Students (or designee) to consider an appeal from a hearing officer/hearing board’s determination that a student has violated the Code or from the sanctions imposed.
  3. Campus Hearing Board refers to person or groups of persons designated by the Vice President of Student Life/Dean of Students (or designee) to determine whether a student has violated the Code and, if so, to impose sanctions.
  4. Complainant is an individual or group of individuals who reports having experienced prohibited conduct and/or concerns regardless of whether the individual makes a report and/or seeks disciplinary action.
  5. Crimes of Violence (including forcible and non-forcible sex offenses) refers to a set of crimes which includes arson, aggravated assault, simple assault, intimidation), burglary, criminal homicide - manslaughter by negligence, criminal homicide - murder and negligent manslaughter, non-negligent manslaughter, destruction/damage/vandalism of property, kidnapping/abduction, robbery, domestic violence, dating violence, and stalking, rape, sodomy, sexual assault with an object, fondling, incest and statutory rape. (Some of these crimes/offenses may be covered under the University's Title IX Sexual Harassment/Sexual Assault Policy or Student Sexual Misconduct and Harassment Policy. To the extent they are covered by either of those policies, the conduct will be addressed in accordance with that applicable policy.  If neither of those policies apply, the conduct may be addressed under the Code of Conduct.)  
  6. Email: the official Rowan email account for a student. All official disciplinary-related communications will be sent to the Rowan email of 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 been deactivated, communication may be sent to the student’s address of record.
  7. Family Educational Rights and Privacy Act (FERPA): a federal law that affords students enrolled in a postsecondary institution (no matter their age) the right to access, amend, and have some control over the disclosure of personally identifiable information from their educational records.
  8. In absentia: by definition means in the absence of the student. Matters for which students elect not to respond to communication and/or attend scheduled sessions will be adjudicated in absentia without feedback from the non-responsive party.
  9. May is to be deemed permissive, imparting a choice.
  10. Member of the University Community includes any person who is a student, faculty member, University official, or any other person employed by the University. A person's status in a particular situation will be determined by the Vice President of Student Life/Dean of Students.
  11. Not Responsible: a finding that a student or group has been found not to be in violation of the Code using the standard of preponderance.
  12. Organization means any number of persons who have complied with the formal requirements for University recognition. This term also applies to persons involved in petitioning for recognition. (Greek Letter Organizations are also subject to the disciplinary procedures outlined by Greek Life.)
  13. Preponderance: the standard of proof used in all conduct-related matters. This standard is met when there is greater than (no matter how small) a 50% chance that a perspective is true or false.
  14. Respondent: an individual or group about which an allegation has been made by another party.
  15. Responsible: a finding that a student or group has been found in violation of the Code using the standard of preponderance.
  16. Rowan: means Rowan University.
  17. Student Conduct Informational Meeting: a meeting between a student 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 “SCIM”.
  18. Special Interim Hearing Board refers to a group of persons designated by the Vice President of Student Life/Dean of Students (or designee) to determine whether a student has violated the Code and, if so, to impose sanctions when a Campus Hearing Board cannot convene.
  19. 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/take a leave of absence, persons participating in University sponsored academic programs and students who are serving a period of suspension, are considered "students."
  20. University means Rowan University.
  21. University Official includes any person employed by Rowan, performing assigned administrative or professional responsibilities.
  22. University Premises includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by Rowan, including adjacent streets and sidewalks.
  23. University-Sponsored/Affiliated Event means any activity on or off campus, which is initiated, aided, funded, or supervised by the University or the Student Government Association.
  24. Will is to be used in the imperative sense, not imparting a choice.
  25. Witness refers to a person who has personal knowledge of the incident in question.


ATTACHMENT 2
COMPLAINTS AGAINST STUDENTS, STUDENT GROUPS, AND NON-STUDENTS

 

  1.  Complaints Against Students
    1. The Code applies to all undergraduate and graduate students, as well as Rowan Choice students, from the time they accept admission through the date of their graduation. This includes, but is not limited to, new students at Orientation and the Pre-College Institute, persons not currently enrolled but who are still seeking a degree from Rowan, and any other person enrolled in a credit earning course offered by Rowan.
    2. 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, degree revocation may be a sanction).
    3. Adjudication of any alleged violation will continue even if a student takes a leave of absence or withdraws. Discipline may be imposed on students for conduct which occurs on University premises, in or out of the classroom setting, while using University technology, at off-campus instructional sites or during off-campus University affiliated events where students are representing 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.
    4. Private off-campus events which are not sponsored or funded by Rowan will also be subject to the University discipline system if the conduct violates University regulations or local, state, or federal law, or when the University determines that the conduct has a direct impact on the educational mission and interests of the University and/or the safety and welfare of the University community.
    5. The University reserves the right to hold a student responsible for actions at their residence even if they were not present at the time of the incident. In such a case, the student would be required to produce confirming evidence that s/he/they was not involved.
    6. The Code may also be applied to conduct online and via email or other electronic media. Students/Organizations should be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private postings that indicate possible misconduct may subject a student and/or organization to allegations of conduct violations except for cases in which a member of the University community is legally exercising their First Amendment rights.
  2.  Complaints Against Student Groups
    1. Members of recognized and unrecognized student organizations, groups and teams may be charged as an organization and/or individually with violation(s) of the Code. The organization/group/team will be represented by the president or identifiable spokesperson in any disciplinary hearing. (Greek Organizations charged with a violation of the Code are also subject to the procedures outlined by Greek Life. Student-athletes are also subject to the Student-Athlete Handbook.)
  3.  Complaints Against Non-Students 
    1. Persons who are not students but who violate Federal, State, or local laws, or University regulations while on campus may be subject to arrest, immediately 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 held responsible for their guests' behavior. Non-students who are banned from the campus have the right to appeal that determination by writing to the Assistant Vice President for Public Safety & Emergency Management.

ATTACHMENT 3 
CONDUCT RULES

Individual students and student organizations are expected to abide by the following rules and regulations, and administrators are expected to enforce them. Additional rules and regulations may be promulgated during the year; announcements will be made upon adoption of the changes or additions. Attempting, abetting, or being an accessory to any act prohibited by the Code will be considered the same as a completed violation.

  1. Violating University Rules: Violating University rules, regulations and policies, whether on or off campus.
  2. 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 includes, but is not limited to,
    1. Cheating (including the use of unacknowledged academic sources)
    2. Fabrication
    3. Facilitating Academic Dishonesty
    4. Plagiarism.
  3. False Information to an Official: Furnishing false information to any University Official.
  4. Forgery: Fraudulent use and/or creation of University documents, records, identification cards, other official University database files, or other misuse or abuse of the University's computerized systems. This includes, but is not limited to,
    1. Alteration
    2. Forgery
    3. Misuse
    4. Using the ID Card, Key, and/or Fab of another person
  5. Disruptive Activity: Engaging in disruptive activity which substantially disrupts or poses a tenable threat of disrupting teaching, research, administration, disciplinary procedures, public service functions, typical University operations, or other University authorized activities, or which substantially interferes with the rights of others, on University premises.
  6. Misuse of property. This includes, but is not limited to,
    1. Obtaining property under false pretenses.
    2. Possessing or receiving stolen property.
  7. Damage to Property: Actual or threat of damaging or destroying property.
  8. Harm to Person: Engaging in conduct which threatens or endangers the health or safety of any person (including self). Includes, but is not limited to:
    1. Bullying
    2. Coercion
    3. Harassment
    4. Intimidation
    5. Attempted or Actual Physical Abuse or Restraint of another.
    6. Stalking
    7. Threats
    8. Written, verbal, physical, electronic acts or gestures, whether single incidents or a series of incidents, that can be reasonably perceived as being 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 place on Rowan property or at any function affiliated/sponsored by Rowan that substantially disrupts or interferes with the orderly operation of the University or the rights of other students and is not otherwise protected by the Constitutions of the United States and the State of New Jersey and that:
      1. A reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student's property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property.
      2. Has the effect of insulting or demeaning any student or group of students in such a way as to cause disruption in, or interference with, the orderly operation of the University.
      3. Creates a hostile educational environment for the student at the University.
      4. 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.
  9. Title IX Sexual Harassment/Sexual Assault Policy or Student Sexual Misconduct and Harassment Policy: Engaging in conduct that is a violation of the University's Title IX Sexual Harassment/Sexual Assault Policy or Student Sexual Misconduct and Harassment Policy.
  10. Invasion of Privacy: Invasion or violation of an individual's rights. Includes, but is not limited to,
    1. Terroristic threats
    2. Illegal or unauthorized surveillance
    3. Imposing physical or mental restraints on others
    4. Engaging in obscene verbal or written communication
    5. Verbally confronting a person using obscenities or fighting words likely to incite immediate physical altercation.
    6. Making, attempting to make, live streaming, transmitting, or attempting to transmit audio, video, or images of 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 with respect to nudity and/or sexual activity, without the knowledge and consent of all participants subject to such recordings and/or transmissions.
    7. 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 with respect to nudity and/or sexual activity, without the knowledge and consent of all participants.
  11. Alcohol: Possessing, consuming, and/or distributing, or attempting to distribute alcoholic beverages in contravention of federal, state or local laws, or University regulations, or knowingly being present at the time of the prohibited conduct.
  12. 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.
  13. Weapons: Possessing or using a firearm, BB gun, carbon dioxide propelled gun, explosive, dangerous chemical, knife, martial arts equipment, or other dangerous weapon as a means to threaten or intimidate another person and/or in contravention of federal, state or local laws, or University policies and procedures.
  14. Disorderly Conduct: Causing noise or a disturbance. Exhibiting disorderly, lewd, indecent, or obscene conduct or exhibitionism.
  15. Unauthorized use of University Resources: Using the University's name, logo, finances, materials, and supplies (including letter templates or stationery bearing the University's letterhead), or facilities (including computer facilities) for commercial, personal or political purposes without authorization.
  16. 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 authorized persons acting in the performance of their official duties and responsibilities.
  17. Public Health Compliance: Engaging in behavior that places other members of the University community at risk and/or refusing to comply with requests from University Officials related to matters of health safety.  Examples include, but are not limited to, refusing to wear face coverings to prevent the spread of diseases, refusal to complete required health and safety educational programs, and failure to adhere to occupancy/social distancing guidelines during times of elevated health-related concerns.
  18. Unauthorized Access: Entering into and/or using of University facilities/equipment, including but not limited to, residential facilities, library, athletic facilities and equipment, galleries, classrooms, computers, or confidential files without authorization.
  19. Disorderly/Disruptive Behavior Off-Campus: Engaging in off-campus actions and/or behaviors that violate laws and regulations of federal, state, and local agencies, as well as policies of the University.
  20. Abuse of the Student Discipline System: Abusing the Student Discipline system, including but not limited to, noncompliance with a disciplinary sanction, falsification of information, and disruption of a hearing.
  21. Use of Technology to Harass: Using information and communication technologies including, e-mail, voicemail, telephones, cell phones, text or electronic messaging, web-cameras, or websites to engage in harassment, intimidation, bullying (as defined in #7 above), or in any behavior which violates the law, University policies or the Code.
  22. Use of Public Medium for Violation: Initiating behavior that violates the law, University policies, or the Code and placing evidence of that behavior on a public website or other public medium.
  23. Arson/Fire Safety: Starting a fire or creating a fire hazard on University-owned or operated property. Willful damage to property by fire shall be prosecuted as arson when appropriate. Pulling a fire alarm when a fire-related emergency is not present. Altering, damaging, and/or removing fire equipment.
  24. Hazing: Engaging in a manner that a reasonable person would conclude endangers the mental or physical health or safety or which may demean, disgrace, or degrade any person, regardless of location, intent, or consent of participant(s). Although hazing is generally related to a person’s initiation or admission into, or affiliation with, any group or organization, it is not necessary that a person’s initiation or continued membership 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 members of an organization may be considered hazing. Includes, but is not limited to,
    1. Unreasonable interference with a student's academic performance
    2. Forced or coerced consumption of food, alcohol, drugs, or any other substance
    3. Forced or coerced wearing of apparel which is conspicuous and/or inappropriate
    4. Forced or coerced exclusion from social contact
    5. Branding
    6. Creation of unnecessary fatigue
    7. Deprivation of basic needs such as food, shelter, sleep, or water
    8. Beating, whipping, or paddling in any form
    9. Line-ups and berating
    10. Physical and/or psychological shocks
    11. Personal servitude (to include mandatory designated driving)
    12. Kidnapping or abandonment
    13. Interviewing of membership
    14. Possession of required items (example: a new member must always be in possession of a ping-pong ball)
    15. Unreasonable exposure to the weather
    16. Any activity subjecting a person to embarrassment, degradation or humiliation
    17. Expectation of participation in activities that are unlawful, lewd or in violation of University policy.
  25. Sexual Misconduct: engaging in behaviors and/or actions which are sexual in nature without consent. These may include, but are not limited to, dating violence, domestic violence, sexual contact, sexual penetration, sexual exploitation, sexual harassment and stalking. Matters related to sexual misconduct will be evaluated by the Office of Student Equity and Compliance for possible violations of Title IX standards. Allegations not meeting that threshold may be referred for adjudication as a possible violation of the Code.
  26. Discrimination: actions that are intended to treat others in a different or unfair manner based on their actual or perceived race, religion, national origin, gender, sexual orientation, gender identity or expression, disability, and other protected characteristics.
  27. Retaliation: any adverse actions taken against a person because of that person’s participation in a complaint, investigation, or legitimate process. Such actions are treated as a separate violation and will result in immediate action by the University to stop the retaliatory behavior, prevent further violations by the perpetrator, and remedy any adverse impact of the violation.


ATTACHMENT 4
DISCIPLINARY 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://www.rowan.edu/gsbs/current/handbook.php)

Rowan University – Glassboro Campus – 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 which they are enrolled students. As a result, Rowan Choice students may be required to participate in multiple sessions to adjudicate any alleged violations depending upon the nature of the allegation(s).

Rowan University - Glassboro Campus

  1. Filing a Complaint  
    Complaints against students/organizations may be made by any student, employee, or guest of the University who feels the Code has been violated. A complaint must be made in writing to the Office of Community Standards, (Chamberlain Student Center, Suite 210) or Vice President of Student Life/Dean of Students (Salvitz 339) within a reasonable amount of time after the occurrence. This will normally be construed to mean within 30 calendar days, unless unusual circumstances exist, or it is an alleged crime that the University must report under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The “Community Standards Referral Form” can be accessed at https://cm.maxient.com/reportingform.php? RowanUniv&layout_id=6. 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 any reported incident, including those alleging biased behavior. Perceived criminal activity should be reported immediately to Public Safety, which will submit its report of a student violation to the Office of Community Standards. Whenever a complaint provides evidence that the continued presence of the Respondent(s) on the campus may pose a substantial threat to herself/himself, 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 pending a disciplinary hearing (refer to Attachment 10 for a complete description of procedures).

    The following guidelines will be used to determine if a Student Organization/Group/Team would be charged with a violation of the Code:
    1. When one or more officers/authorized representatives/captains acting in the scope of their capacities committed the violation.
    2. 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.
    3. When the violation was committed at an activity funded by the organization/group/team.
    4. When the violation occurred as a result of an event sponsored by the organization/group/team.
    5. When one or more members of an organization/group/team or its officers/authorized representatives/captains permitted, encouraged, aided, or assisted in committing a violation.
    6. When a reasonable person would construe the violation as being associated with the organization/group/team
  2. Adjudication of Complaints
    1. The Assistant Dean of Students or designee will review the complaint and determine whether it should be adjudicated by the student discipline system, and, if so, the appropriate adjudicator will be determined. The review of the complaint may not require meeting with all parties, and the Assistant Dean of Students or designee will determine what meetings are necessary. For any disciplinary action for which sanctions may be imposed, the Respondent(s) will have his/her/their case heard before one of the following adjudicators:
      1. Administrative Hearing Officer – If the alleged violation is one for which the student/organization could not be suspended or expelled from the University, the complaint will be heard by an Administrative Hearing Officer.
      2. Campus Hearing Board – If the alleged violation is one for which 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 Board) A hold and a transcript notation indicating “Pending Discipline” will also be placed on the Respondent’s transcript.
      3. Special Interim Hearing Board - If the Campus Hearing Board cannot meet, a Special Interim Hearing Board will be appointed at the discretion of the Office of Community Standards to expedite adjudication of student disciplinary cases under the following conditions:
        1. An interim suspension has been issued (see Attachment 10), or
        2. The case will be adjudicated when the Campus Hearing Board cannot convene (for example, final exam week, vacation periods, or summer school, etc.)
    2. Given the sensitive nature and the unique legal issues related to cases involving sexual misconduct, sexual harassment and sexual assault complaints, they will be addressed under the University's Title IX Sexual Harassment/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. 
    3. Although the default method will be in-person sessions, the University will determine if the disciplinary hearing will take place in person or virtually.
    4. Situations that do not warrant adjudication by the Office of Community Standards may be referred to the Vice President of Student Life/Dean of Students or designee for adjudication and/or educational discussions to address allegations.
    5. All matters referred to an adjudicating administrator or body will begin with individual meetings to initiate a Student Conduct Informational Meeting (SCIM) document.
  3. Notification
    1. When it is determined that a complaint will be adjudicated by the student disciplinary system, the Respondent(s) will be notified of the alleged violation in writing (the "Hearing Notice") via a tracked letter sent to the student’s Rowan email address. This is the official method of notification and students are responsible for checking their University email address daily. The Hearing notice will state what portion of the Code was allegedly violated. The student will be notified of the hearing date in the Hearing 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.
    2. If the Respondent or Complainant (if applicable) fails to attend the hearing, except when there is a justifiable reason (serious illness or hospitalization, 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 failure of the Respondent or Complainant to appear, participate, or speak during a hearing.
    3. All participants have the right to select an Advisor of his/her/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 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 Complainant should arrange for a substitute.
    4. 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, Respondent, or other participant informs the University that an attorney will be present at the hearing, the University will decide if legal counsel for the University should also be present.
    5. Both the Respondent and the Complainant have the right to request witnesses to provide information at the hearing. Witnesses must have personal knowledge 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 called to participate. A hearing will not be cancelled or postponed if a scheduled witness does not attend.
    6. Written statements of witnesses not in attendance due to extraordinary circumstances may be considered by Hearing Officer or the Campus Hearing Board. Character witnesses are considered irrelevant and will not be permitted to participate. A list of witnesses must be submitted to the Office of Community Standards at least one (1) business day prior to the hearing for approval and notification to other parties. The list should include each witness' name and a summary of the information s/he/they is expected to provide.
  4. Administrative Agreement/Hearing Waiver
    1. The Respondent and Complainant will also 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 Respondent and agreement, by all parties including the Complainant, and/or victim that the sanction(s) imposed are reasonable and fair.
    2. 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 adjudicated at a disciplinary hearing and appeal. Should the Respondent not accept responsibility for the charges, nor accept the proposed sanction(s), then appearance at the disciplinary hearing is required.
  5. Administrative Hearing Officer Procedures
    1. A student/organization may challenge the assignment of a specific hearing officer to his/her/their case for good cause. This challenge must be presented in writing 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 challenge, the Assistant Dean of Students or designee will either uphold the challenge and appoint an alternate hearing officer and arrange a new hearing or deny the challenge.
    2. A hearing officer will withdraw from adjudicating any case in which he/she/they cannot reach a fair and objective decision.
    3. 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 limited to, rejecting redundant or irrelevant questions and imposing reasonable limits on the number of factual witnesses that may participate. An explanation and record of any rejected question will be made. Technical legal rules of evidence, wording of questions, hearsay and opinions will not be formally applied. Anyone who disrupts a hearing or who fails to adhere to hearing procedures may be excluded from the proceeding at the discretion of the hearing officer.
    4. The hearing officer will review all materials, hear all information pertinent to the case from the Complainant, the Respondent, and witnesses. The hearing officer may also consult with other hearing officers who are assigned to hearings within the same disciplinary case, clarify issues raised, render a decision based on the information presented, and take all actions and make all determinations necessary and proper for the hearing.
    5. The Respondent will be presumed not responsible for the allegation. The hearing officer will determine if it was “more likely than not” that the Respondent was responsible after considering all of the credible 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 in determining an appropriate sanction(s).
    6. Following all hearings in the case, the hearing officer will provide the Respondent with written notification of the decision reached and information regarding the University's appeal process.
    7. For cases involving a victim of "crimes of violence,"(covered under this Code) the hearing officer will also provide the Complainant/victim with written notification of the decision reached and information regarding the University's appeal process.

ATTACHMENT 5
CAMPUS 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 will follow appropriate protocols that are outlined in either the Code or documents specific to those academic areas.

  1. Campus Hearing Board Structure
    1. The Campus Hearing Board is chaired by a non-voting Administrative Hearing Officer, who is normally an employee of the Student Life Division and most likely the Assistant Dean of Student Life. The Campus Hearing Board is composed of regular members and a pool of alternates.
      1. For cases involving Rowan Choice students, the Campus Hearing Board will focus upon matters related to living on campus and the impact of behaviors upon the Rowan University community. Decisions may range for a finding of “not responsible” to removal from housing. All materials associated with allegations against Rowan Choice students will be forwarded to designated officials at other institutions for possible further adjudication regarding their status as a student.
      2. Rowan University hearings for Rowan Choice students will follow the policies, procedures, and protocols as outlined in the Code.
      3. Hearing board members will be composed of:
        1. Three (3) members who are matriculated undergraduate or graduate students and in good standing with the University. Student members are selected through an application and selection process conducted by the Office of Community Standards. Information on membership requirements and the application is available on the Office of Community Standards website.
        2. Three (3) members of the University Senate who are appointed by the University Senate President.
        3. Three (3) members of the professional staff who are appointed by the Vice President of Student Life/Dean of Students or designee.
    1. The Campus Hearing Board may be convened by a quorum of any five (5) members. For complaints that are adjudicated by a Special Interim Hearing Board 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.
  1. Campus Hearing Board Procedures
    1. Any student appearing before the Campus Hearing Board may challenge the assignment of any member of the Board to his/her/their case. This challenge must be presented in writing 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 challenge, the Assistant Dean of Student Life will either uphold the challenge and appoint an alternate member or deny the challenge. Any challenge at the time of the hearing, will be decided by the Chair.
    2. A Campus Hearing Board member will withdraw from adjudicating any case in which s/he/they cannot reach a fair and objective decision.
    3. There will be a recording of the hearing (excluding deliberations and voting) for the purpose of providing assistance to the Campus Hearing Board or Appeals Board in their deliberations and to the Vice President of Student 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 the hearing is permitted.
    4. The Chair will make all determinations on questions of procedure and admissibility of information presented and will not be excluded from hearings or deliberations except that s/he/they will not vote. The Chair 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 limited to, rejecting redundant or irrelevant questions and imposing reasonable limits on the number of factual witnesses that may participate. An explanation and record of any rejected question will be made. Technical legal rules 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 hearing procedures may be excluded from the proceeding at the discretion of the Chair.
    5. The Respondent will be asked to elaborate if he/she/they are responsible 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 determine preponderance related to the allegations.
    6. 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.
    7. The Respondent will be presumed not responsible for the allegation(s). After private deliberations, and by a majority vote, the Board will determine preponderance as to whether the Respondent is responsible or not responsible. A tie vote will result in a finding of "not responsible.”
    8. If the Respondent is found responsible, the Board will determine the appropriate sanction(s) to be imposed by majority vote . The past disciplinary record of the Respondent(s) will not be supplied to the Board by the Chair prior to this point. Other information from either party, including any submitted statement of mitigating factors, a written victim impact statement if appropriate, or information from the Chair which is relevant to the choice of sanction(s), may also be introduced at this point, including information concerning sanctions imposed against other students for similar offenses. No information directly related to the case in question may be introduced for the first time unless the Respondent has been informed and allowed to review and comment on the information.
    9. Following the hearing, the Chair will provide the Respondent with written notification of the decision reached and information regarding the University's appeal process.
    10. For cases involving a victim of "crimes of violence", (covered under this Code) the Chair will also provide the victim with written notification of the decision reached and information regarding the University's appeal process.
    11. 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 Students 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 and 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 students/organizations:

  1. To receive written notice of any disciplinary charges.
  2. To have reasonable access to the case file prior to and during any hearing, provided that all reviews, prior to the hearing, take place in the Office of Community Standards. Any alternate arrangements for the case file review may be made at the discretion of the Office of Community Standards. Note: The Office of Community Standards does not maintain or release police reports. Any request for a police report associated with a disciplinary case must be made to the issuing police department.
  3. To have access to advice and support by an individual of his or her choosing, including an attorney.
  4. To have no negative inference made from a failure of the Respondent(s) or Complainant to appear, participate or speak during a hearing.
  5. The Respondent(s) will be presumed not responsible for any allegation. Violation is found only after a review of the credible information presented determines that it was “more likely than not” that the Respondent(s) was responsible.
  6. 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.
  7. Disciplinary hearings will be closed to all members of the campus and outside community except those directly involved with the case (including an individual selected as an Advisor). 
  8. Following the completion of all hearings associated with a complaint, the Respondent(s) will receive written notification of the decision reached.  The notification will also include a list of any sanctions imposed and appeal information.
  9. The Respondent(s) will have the right to waive any of these rights.
  10. The Respondent(s) may submit a written statement to the Office of Community Standards detailing the presence of any mitigating factors. This statement will be considered when determining an appropriate sanction and only if the Respondent is found responsible. 
  11. A Complainant or victim may submit a written statement to the Office of Community Standards detailing the impact the violation has had upon them and their ability to function as a student. This statement will be considered when determining an appropriate sanction and only if the Respondent is found responsible. 
  12. Victims of "crimes of violence" (covered under this Code) will receive written notification of the decision reached. The notification will also include a list of any sanctions imposed and appeal information.
  13. To be free from intimidation, harassment, bullying, or any other form of retaliation throughout and following the disciplinary process.


ATTACHMENT 7
SANCTIONS


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 disciplinary record of the student, monetary fines resulting from a corresponding court 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 University 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 considered timely. A disciplinary suspension or expulsion will normally result in withdraws from all the registered courses in the effective term, (not to exceed one academic term) regardless of the courses still being in progress or if final grades were submitted. Any request to have the effective date of a sanction deferred to a later 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.

Normally there will be no refund of tuition/fees if expulsion, suspension or withdrawal from courses and/or University housing is affected because of violations of the Code. Any request for a refund due to these circumstances 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.

Sanctions, which may be imposed upon any student found to have violated the Code, include the following:

  1. Official Warning: A written statement indicating a violation of the Code has occurred and warning that a subsequent violation will likely be treated more severely.
  2. Educational Task: Completion of task(s) which benefit the individual, campus, or community.
  3. Monetary Fine: The student is required to pay a fine that has been placed onto their student account.
  4. Suspension of Activity Privileges: The student cannot be a member of a recognized student organization, participate in organizations' regularly scheduled activities, serve as a representative of the University, or 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 offices.
  5. Disciplinary Probation: a designated period of time during which 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 will likely result in a more severe sanction.
  6. Suspension of Residence Privileges: The student's privilege to live in University-owned housing, and visit the residence areas of the campus, is suspended on a temporary or permanent basis. Any request to have the effective date of the Suspension of Residence Privileges deferred to a later 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 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 basis.
  7. Suspension: The student may no longer be a registered student, attend classes, or receive grades for a specified period of time. In addition, 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 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 considered timely. Any request to have the effective date of the Suspension deferred to a later 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 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 basis.
  8. 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 whatsoever. The expulsion will be noted on the student's academic transcript.  The sanction will 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 considered timely. Any request to have the effective date of the Expulsion deferred to a later 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 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 basis.
  9. 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 alcohol/drug (ab)use, may be required to attend educational programs intended to inform them about alcohol/drug use and abuse.
    1. The Office of Community Standards may notify parents/guardians of students less than 21 years of age when a student is found responsible for a violation of the Alcohol and Other Drugs Policy. Rowan Public Safety may notify parents/legal guardians when citations have been issued by law enforcement officials, without waiting for a hearing or any other due process since citations given by the law enforcement unit of a university are not covered by FERPA.
    2. Bias motivated offenses may result in more severe sanctions. Such offenses are defined as any offense wherein the Respondent(s) intentionally selects the alleged victim because of the victim's actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical, or 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.
    3. 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/Dean of Students or his/her/their designee. The original sanction(s) may be re-imposed immediately upon a further finding responsibility in a subsequent campus disciplinary hearing at any level.
    4. Sanctions for group or organization misconduct may include suspension, revocation or denial of recognition, partial or total de-funding, or the imposition of other appropriate sanctions.
    5. A student who fails to complete the terms of a campus disciplinary sanction by the given deadline will receive a monetary fine for noncompliance and could be charged with noncompliance under the Code.
    6. Under the Family Educational Rights and Privacy Act (FERPA), violators of provisions of the Code pertaining to certain "crimes of violence" may have their names and disciplinary findings publicly revealed.
    7. Students should be aware that conviction in criminal court for certain controlled substance offenses including drug possession and/or sale may have 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

  1.  Standard sanctions have been adopted by Rowan to respond to disciplinary violations. Of particular concern are substance abuse- related violations, off-campus conduct violations, as well as weapon and violence violations of the Code. Rowan is deeply concerned about the 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 degree that renders them in need of emergency medical intervention or other extraordinary assistance. In addition, Rowan seeks to deter students from engaging in conduct that poses risks to the safety and well-being of the individual student and/or the University and Glassboro community as a whole.
  2. Standard sanctions are intended to alert students and other members of the University community to the seriousness of alcohol-related and drug-related behaviors, violence, and safety violations; provide meaningful consequences for violations of the Code; and ensure that students are provided opportunities to access education, counseling, and support. Standard sanctions apply only to those offenses described below.
  3. Standard sanctions listed below apply to misconduct that occurs both on-campus and off-campus, at the discretion of the Vice President of Student Life/Dean of Students or designee. Incidents falling within the Code but not described below will be handled on a case-by-case basis in light of all the circumstances.
  4. Students found responsible for multiple violations will receive the cumulative sanctions associated with each violation. 
  5. Although the Standard Sanction Model is critically important to the Rowan process for addressing disciplinary matters, it is intended to be a guiding tenet. Each matter will be evaluated based upon the unique circumstances found during the process. Those circumstances may warrant deviation from the Standard Sanction Model. This may be true in the case of one or multiple violations.

Level One 

  1. Level One violations are generally a breach of the Code which adversely affects a smaller community. Examples include, but are not limited to, Noise Policy, Guest Policy, Pet Policy, Quiet Hours Policy & Posting Policy.
    1. First Violation – Official Warning or Reflective Assignment
    2. Second Violation - Adjudicated as "Level Two" violation (Refer to Standard Sanctions for Repeated Level One violations for additional information.)

Level Two 

  1. 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, disorderly conduct, disruptive activity, failure to comply with directions of University officials, fire safety, forging documents, theft and vandalism.
    1. First Violation- Disciplinary probation, financial restitution, monetary fine, attendance at educational programs
    2. Second Violation- Adjudicated as "Level Three" violation (Refer to Level Three violation section for additional information

Level Three 

  1. Level Three violations generally are breaches of the Code which include threatening statements and/or behavior and unwanted contact that may compromise the health and safety of the Rowan community at large or individuals, specifically.
    1. First Violation-Suspension of Campus Housing Privileges, University Suspension or Expulsion
    2. Second Violation- University Suspension or University Expulsion

Alcohol Violations

    1. First Violation-Completion of Alcohol and Other Drugs Education Program, Disciplinary Probation, Notification of Parent/Guardian (Dependent student).
    2. Second Violation-Completion of Substance Screening, Disciplinary Probation, Notification of Parent/Guardian (Dependent student), Possible Suspension of Campus Housing Privileges and/or University Suspension, Notification of Parent/Guardian (Dependent student).
    3. 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 (Dependent student).

Violations of Laws/University Rules off-campus

    1. First Violation-Completion of the Community Responsibility Program, Disciplinary Probation
    2. Second Violation-Disciplinary Probation up to University Suspension (minimum of 1 semester)
    3. Third Violation-University Suspension (minimum of 2 semesters)

Illegal Drug Abuse-Related Violations

    1. First Violation-Completion of Substance Screening, Disciplinary Probation, Notification of Parent/Guardian (Dependent student)
    2. Second Violation-Completion of Substance Screening, Notification of Parent/Guardian (Dependent student), Suspension of Campus Housing Privileges and/or University Suspension
    3. Third Violation- University Suspension or Expulsion, Notification of Parent/Guardian (Dependent student)

Manufacture, sale, purchase, or distribution of illegal drugs or controlled substances

    1. First Violation- Expulsion, Notification of Parent/Guardian (Dependent student)

Substance Abuse Resulting in Harm-Related Violations

    1. First Violation-Completion of Substance Screening, Suspension of Campus Housing Privileges and/or University Suspension, Notification of Parent/Guardian (Dependent student)
    2. Second Violation- University Suspension or Expulsion, Notification of Parent/Guardian (Dependent student)
    3. Third Violation- University Expulsion, Notification of Parent/Guardian (Dependent student)

Weapons-Related Violations

    1. 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 educational sanctions, University Suspension or Expulsion.
    2. Second Violation- University Expulsion

Bullying and Other Violence-Related Violations

    1. 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), Referral to the Wellness Center for Anger Management and other educational sanctions
    2. Second Violation- University Suspension, University Expulsion


ATTACHMENT 9 
APPEALS

 

  1. 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 (in Campus Hearing Board cases) may file an appeal under the following circumstances:
    1. Procedural irregularity or substantive error that affected the outcome of the matter.  Deviations from the University's policy/procedures will not be a basis for sustaining an appeal unless significant prejudice resulted. 
    2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter. 
    3. The decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter; or
    4. The Disciplinary Sanction(s) imposed were substantially disproportionate or not appropriate in light of the violation(s).
  2. All appeals must be made within five (5) business days of the date on the letter informing the parties of the decision. Appeals must be submitted in writing to the designated appeal officer and should explain in detail the basis of the request, including any supporting documentation.
  3. 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 appeal. Note: Interim Suspension as well as any other prior restrictions will remain in effect during the appeal process.
  4. Cases adjudicated by the Campus Hearing Board will be forwarded to the Campus Appeals Board. All other cases will be forwarded to the Vice President of Student Life/Dean of Students or designee.
  5. An appeal will be responded to in a timely manner (usually two weeks) and a final decision will be issued in writing either accepting or denying the appeal.  The student will be informed of any delay by the assigned Appeal Officer.
  6. The Assistant Dean of Student Life or designee is responsible for compiling the appeal documentation for review, scheduling the appeal review meeting as well as sending all correspondence to the parties involved. The Assistant Dean of Student Life or designee will have no other role during the appeal review meeting.
  7. The Campus Appeals Board:
    1. The Board is comprised of a member of the University's Administration, President of the University Senate, and the President of the Student Government Association. Designees may be used in any of the positions. Each member or designee must be in attendance for a quorum.
    2. The Board will review the written appeal and all documentation contained 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 on inappropriate sanction reason, the Board will render the appropriate determination and/or sanction.
    3. All Campus Appeals Board decisions are final and will be forwarded to the Office of Community Standards for immediate implementation. 
  8. When it is not possible for the Campus Appeals Board to meet in a timely fashion (for example, final exam week, vacation periods, summer school, etc.), an appeal from the Campus Hearing Board may be reviewed by the Vice President of Student Life/Dean of Students (or Designee) for final disposition.
  9. 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 CAMPUS OR
RESIDENCE AREAS AND PARTICIPATION IN UNIVERSITY RELATED ACTIVITIES

 

  1. A student may be suspended from the entire campus, residence areas, extracurricular or other University related activities (i.e.. Internships, work study, etc.) for an interim period pending a disciplinary hearing; the interim 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 stability and/or continuance of normal University functions.
  2. During an interim suspension from the entire campus, a student is not permitted to continue to participate in coursework in person or online, submit academic work or correspond with instructors. Course instructors and other appropriate staff are informed. Special permission is needed for the student to conduct routine business with the University, during this time.
  3. The Vice President of Student Life/Dean of Students or designee is authorized to impose Interim Suspensions.
  4. 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 administrator within five (5) business days from the effective date of suspension. The purpose of this Interim Suspension appointment is to determine the following:
    1. The reliability of the information concerning the student's conduct, including the matter of his/her identity.
    2. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the campus or at University activities likely poses a substantial threat to others or to the stability and/or continuance of normal University functions.
  5. A disciplinary hearing will be scheduled at another time to hear the substantive issues involved. This follows the Interim Suspension appointment with the designated administrator and employs the procedures outlined earlier. An Interim Suspension, in and of itself, does not become part of a student'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 provides that “[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” As an institution receiving Federal Funding, in accordance with Title VI, Rowan University prohibits discrimination, whether verbal, written, physical or psychological, based upon the following protected categories: race, creed, color, national origin/ethnicity, nationality, ancestry, age, sex/gender, pregnancy, marital status, civil union status, domestic partnership status, familial status, religion, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability 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 have 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, or 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 Student Equity and Compliance and/or by filling out the Student Complaint Form for Discrimination/Harassment/ Retaliation Complaints. Individuals may also file complaints directly with the Office for Civil Rights, United States Department of Education:

New Jersey, New York, Puerto Rico, Virgin Islands Office for Civil Rights 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 by another student is received, the following resolution procedures will be initiated:

  1. When a complaint is filed, action will be taken to review the matter within seven (7) business days to determine if there is sufficient information to initiate formal resolution measures. The Associate Vice President/Title IX Coordinator will determine the most appropriate avenue of response, including but not limited to, coordination with other University resources such as the Vice President of Student Life/Dean of Students. Where appropriate, the use of voluntary and informal resolution measures, such as mediation, may be used. Voluntary and informal resolution measures may not be used in 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 Harassment Policy, the matter will be referred to the Title IX Coordinator.

  2. At the Associate Vice President’s discretion, where deemed necessary, a formal resolution procedure will be initiated. The AVP will conduct a comprehensive, impartial investigation. The investigation may include interviewing the parties involved, including witnesses, review of written statements, and the gathering of other relevant information. Investigations will adhere to the following tenets:
    1. CONFIDENTIALITY: The University will endeavor to maintain the confidentiality of reported matters and of individuals involved, except to the extent necessary to carry out the purposes of this policy, including conducting investigations, and where required by law.
    2. NOTICE: Once a formal resolution procedure has been started, the Complainant(s) and Respondent(s) will be notified in writing.
    3. ADVISORS: The Complainant(s) and Respondent(s) have the right to an advisor of their choice during this investigation process. An advisor may be a family member, attorney or other third party. Advisors may be present to support the parties; however, advisors are not permitted to speak on behalf of any party during this process.
    4. LENGTH OF INVESTIGATION: While the length of the process may vary based on the facts, circumstances, and witness availability in each case, every effort will be made to conclude the investigation within sixty (60) days provided doing so does not compromise the University’s ability to conduct a fair, impartial, and thorough investigation and adjudicative process.
    5. STANDARD OF EVIDENCE: A finding under this policy will be based on the preponderance of the evidence standard, in other words, a finding will be made if the evidence as a whole shows that is more likely than not that a violation of this policy occurred.
  3. Upon completion of an investigation, the AVP will prepare a written investigation report. This report will include a comprehensive description of the evidence gathered during the investigation, the investigator’s findings of fact, credibility determinations and whether a policy violation has occurred.
  4. The Associate Vice President will issue a determination letter to the Complainant(s) and Respondent(s) stating whether the allegations of discrimination, harassment, or retaliation are substantiated or not substantiated.
    1. If the allegations are substantiated (i.e., upheld or proven to be factual), the matter will be sent to the Division of Student Life for the imposition of sanctions (Attachment 7), disciplinary action, and/or educational interventions in accordance with the Student Code of Conduct.
    2. If a party wish(es) to appeal the determination, they may request an appeal under the following circumstances:
      1. A procedural or substantive error occurred in the process that significantly impacted the outcome of the hearing (e.g., material deviation from university policy; substantial bias; the findings and decision are contrary to the great weight of the evidence);
      2. New and significant information has become available which could not have been discovered by a properly diligent person before or during the hearing; or
      3. The sanction/disciplinary action imposed is inappropriate in light of the violation.
    3. Appeal requests should be made to the Vice President of Student Life/Dean of Students, or designee, in writing, within five (5) business days of receiving the decision letter. All appeal requests will be reviewed within fifteen (15) business days, and the decision of the Vice President of Student Life/Dean of Students will be final.

Adjudication of Complaints

Once the Associate Vice President refers a matter to the Division of Student Life, the following protocol will be implemented:

  1. The Assistant Dean of Student Life or designee will review the complaint 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 educational interventions implemented by the Vice President of Student Life or designee. The review of the complaint may not require meeting with all parties; The Assistant Dean of Student Life or designee will determine what meetings are necessary. For any disciplinary action for which sanctions may be imposed, the Respondent(s) will have his/her/their case heard before one of the following adjudicators:
    1. Administrative Hearing Officer - If the alleged violation is one for which the student/organization could not be suspended or expelled from the University, the complaint will be heard by an Administrative Hearing Officer.
    2. Campus Hearing Board - If the alleged violation is one for which 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 Board) A hold and a transcript notation indicating “Pending Discipline” will also be placed on the Respondent’s transcript.
    3. Special Interim Hearing Board - If the Campus Hearing Board cannot meet, a Special Interim Hearing Board will be appointed at the discretion of the Office of Community Standards to expedite adjudication of student disciplinary cases under the following conditions:
      1. An interim suspension has been issued (see Attachment 10), or
      2. The case will be adjudicated when the Campus Hearing Board cannot convene (for example, final exam week, vacation periods, or summer school, etc.)
  2. The University will determine if the disciplinary hearing takes place in-person or virtually.
  3. Notification and Communication
    1. When it is determined that a complaint will be adjudicated by the student disciplinary system, the Respondent(s) will be notified of the alleged violation in writing (the "Hearing Notice") via a tracked letter sent to the student’s Rowan email address. This is the official method of notification and students are responsible for checking their University email address daily. The Hearing notice will state what portion of the Code was allegedly violated. The student will be notified of the hearing date in the Hearing 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.
    2. If the Respondent(s) or Complainant, if applicable, fails to attend the hearing, except when there is a justifiable reason (serious illness or hospitalization, death of member of immediate family, serious physical emergency, arrest or incarceration, or unavoidable transportation delay), the hearing will proceed, and a finding will be reached in absentia based upon the available information. No negative inference will be made from a failure of the Respondent(s) or Complainant to appear, participate or speak during a hearing.
    3. 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 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(s) or Complainant should arrange for a substitute.
    4. 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 other participant informs the University that an attorney will be present at the hearing, the University will decide if legal counsel for the University should also be present.
    5. Both the Respondent(s) and the Complainant have the right to request witnesses to provide information at the hearing. Witnesses must have personal knowledge 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 called to participate. A hearing will not be cancelled or postponed if a scheduled witness does not attend.
    6. Written statements of witnesses not in attendance due to extraordinary circumstances may be considered by the Hearing Officer or Campus Hearing Board. Character witnesses are considered irrelevant and will not be permitted to participate. A list of witnesses must be submitted to the Office of Community Standards at least one (1) business day prior to the hearing for approval and notification to other parties. The list should include each witness' name and a summary of the information s/he/they is expected to provide.
  4. Administrative Agreement/Hearing Waiver
    1. 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 Respondent(s), and agreement, by all parties including the Complainant, and/or victim that the sanction(s) imposed are reasonable and fair.
    2. Sanction(s) will reflect the severity of the current charge(s) against the student/organization, as well as any previous disciplinary sanctions. All participants will voluntarily waive their rights to have the complaint adjudicated at a disciplinary hearing and appeal. Should the Respondent(s) not accept responsibility for the charges, nor accept the proposed sanction(s), then appearance at the disciplinary hearing is required.
  5. Administrative Hearing Officer Procedures
    1. A student/organization may challenge the assignment of a specific hearing officer for reasonable cause. This challenge must be presented in writing 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 challenge, the Assistant Dean of Student Life or designee will either uphold the challenge and appoint an alternate hearing officer and arrange a new hearing or deny the challenge.
    2. Hearing officers will withdraw from adjudicating any case in which they cannot reach a fair and objective decision.
    3. 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 limited to, rejecting redundant or irrelevant questions and imposing reasonable limits on the number of factual witnesses that may participate. An explanation and record of any rejected question will be made. Technical legal rules 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 hearing procedures may be excluded from the proceeding at the discretion of the hearing officer.
    4. The hearing officer will review all materials, hear all information pertinent to the case from the Complainant, the Respondent(s) and witnesses, consult with other hearing officers who are assigned to hearings within the same disciplinary case, clarify issues raised, render a decision based on the information presented, and take all actions and make all determinations necessary and proper for the hearing.
    5. The Respondent(s) will be presumed not responsible for the allegation. The hearing officer will determine if it was “more likely than not” that the Respondent was responsible after considering all of the credible information provided during the disciplinary hearing process. If the student is found responsible for a 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 in determining an appropriate sanction(s).
    6. Following all hearings in the case, the hearing officer will provide the Respondent(s) with written notification of the decision reached and information regarding the University's appeal process.
    7. For cases involving a victim of "crimes of violence,"(covered under this Code) the hearing officer will also provide the victim with written notification 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 through 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 the same time appropriately addressing concerns which may negatively impact community members, landlords, students, and/or the reputation of Rowan University.

This process will allow students to have input into the process to promote education and behavioral change with their peers. The model will be implemented as a complement to the protocols outlined in the Student Code of Conduct (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 appropriate agencies such as National Offices. Similarly, matters involving student-athletes will be referred to the Director of Athletics, and organizational conduct matters involving other student clubs to the Associate Vice President for Student Life.

Matters that involve allegations related to discrimination, harassment, retaliation, sexual misconduct, Title IX, physical assault, etc. will be referred to appropriate University Officials (Office of Student Equity and Compliance, Community Standards, Vice President of Student Life/Dean of Students, etc.).

Definitions:

Letter: One option for addressing concerns will be a letter sent to individuals and/or groups who are associated with a Minor Allegation. The letter will serve as an acknowledgement of the concern(s), opportunity 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 violated community standards, ordinances, and/or laws that do not cause significant threat to individuals, the community, and/or the reputation of Rowan University. Examples include, but are not limited to, excessive noise, large gatherings, and community complaints.

Major Allegations: Reports that an individual or group has violated community standards, ordinances, and/or laws that cause significant threat to individuals, the community, and/or the reputation of Rowan University. Examples include, but are not limited to, urinating in public, lack of cooperation with designated authorities, and multiple minor violations/allegations.

Off-Campus Student Conduct Board: A body composed of students and Student Life staff that will adjudicate allegations of concern that occur 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 Student Life staff member.

Sanction: A variety of opportunities to assist individuals or groups with the process of learning from actions or behaviors which have impacted others with the intent of preventing similar behaviors from occurring in the future.

University Official: Any person employed by Rowan, performing assigned administrative or professional responsibilities.

Process:

Information that comes to the attention of designated University Officials will be reviewed and referred to appropriate parties and procedures. If a report is sent to the Off-Campus Concerns protocol, the following with apply:

  1. Designated University Officials will review available information and determine if the matter is a Minor Allegation, Major Allegation, or repeat offense.
  2. Any matter that could result in the suspension or expulsion of a student or group will be referred to procedures as outlined in the Code.
  3. Sanctioning may occur at any level of the process when circumstances warrant such action.
  4. Unless a report contains allegations of egregious behavior(s), the first Minor Allegation will result in a letter being sent to those individuals and/or groups associated with the allegation(s). The letter will serve as an acknowledgement of the concern(s), opportunity to make changes, and a record in case further concerns come to the attention of University Officials.
  5. Unless a report contains allegations of egregious behavior(s), the second Minor Allegation will result in a meeting between those individuals and/or groups associated with the allegation(s) and designated University Officials. Based upon the meeting, designated University Officials may impose sanctions on individuals or groups.
  6. All Major Allegations and reports of three or more alleged violations will result in the matter being referred to the Off-Campus Student Conduct Board.
  7. The Off-Campus Student Conduct Board shall be chaired by a designated University Official and must have at least three members to constitute a quorum.
  8. Students or groups going before an Off-Campus Student Conduct Board will receive notice and information pertaining to the allegation(s) at least five (5) days prior to the session.
  9. During the board session, individual students or groups will have the opportunity to present information that provides context and/or refutes the allegation(s).
  10. Witnesses will be allowed to present information at the discretion of the chair.
  11. Based upon all available information, the board will determine if the student(s) or group(s) are responsible or not responsible for a violation. Determinations will be made using Preponderance as the standard and a simple majority vote of the board members.
  12. The outcome and any sanctions will be shared with students or groups via Maxient Letter within five (5) days of the board session.
  13. Students or groups who wish to appeal the decision may do so to the Vice President of Student Life/Dean of Students following the appeals process outlined in the Code.
  14. Appeal decisions made by the Vice President of Student Life/Dean of Students 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 University communications (emails, on-line postings, etc.) on a regular basis.

Designated University officials will send messages to students as appropriate and/or necessary. The following expectations apply to students:

  1. Students are responsible for checking their emails on a regular basis.
  2. Requests to meet and/or provide information will be sent via email with a deadline for response.
  3. Failure of a student to respond will result in the generation of a “reminder” message. The second message will be sent via email with a deadline for response.
  4. Failure to respond to a “reminder” message will result in action in absentia.
  5. Although rare, Rowan University understands that there could be reasonable causes for failure to respond and/or the need for an extended deadline. Students must request an exemption in written form prior to the established deadline

...

  • Commercial and street names include Ritalin, JIF, MPH, R-ball, Skippy, the smart drug, and vitamin R.
  • Not Scheduled
  • Usually injected, swallowed, or snorted.
  • Intoxicating effects include increased heart rate, blood pressure, metabolism, feelings of exhilaration, and increased mental alertness.
  • Potential health consequences include rapid or irregular heartbeat, reduced appetite, weight loss, heart failure, nervousness, and insomnia.

...

  • Commercial and street names include Anadrol, Oxandrin, Durabolin, Depo-Testosterone, Equipoise, roids, and juice.
  • Schedule 3 drug
  • Usually injected, swallowed, or applied to skin.
  • No intoxication effects
  • Potential health consequences include hypertension, blood clotting and cholesterol changes, liver cysts and cancer, kidney cancer, hostility and aggression; acne and premature stoppage of growth in adolescents, prostate cancer, reduced sperm production, shrunken testicles, and breast enlargement in males; menstrual irregularities, development of beard, and other masculine characteristics in females.

...

  1. Source: National Institute on Drug Abuse (NIDA)

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Rowan University acknowledges the importance of communicating information concerning alcohol and other drugs, and the effects and consequences of illegal use, misuse, and abuse.

  1. The Wellness Center at Winans provides specialized programs for students, faculty and staff, on issues related to alcohol, tobacco, and other drug use, misuse, and abuse. Aftercare and programs for recovering students are also provided on campus. The Wellness Center at Winans offers books, pamphlets, videos, and other pertinent information regarding alcohol, tobacco, and other drug issues for use by the campus community. The office also serves as a confidential referral location for drug and alcohol assessment and evaluation.
  2. Human Resources offers direction to any Rowan employee who may have questions and/or concerns related to alcohol and other drug use, misuse, and abuse. The Wellness Center at Winans offers help and information to directors and supervisors of departments in identifying an employee in need of assistance.

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This is a partial list only and not intended as an endorsement of facilities. Please consult Yellow Pages under Alcoholism or Drug Abuse and Addiction for additional resources.

On-Campus Resources

  • The Wellness Center at Winans: 856-256-4222

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  • Addictions Hotline of NJ: 1-800-238-2333
  • Camden County Council on Alcoholism and Drug Abuse, Inc: 856-427-6553
  • Center for Family Services, Inc., Voorhees, NJ: 856-428-5688
  • Danielle Counseling and Wellness Center, Glassboro, NJ: 856-863-0006
  • The Southwest Council, Inc and the Cumberland County Intoxicated Driver Resource Center Vineland, NJ: 856-794-1011
  • Seabrook House, Bridgeton, NJ: 856-453-1022
  • Helpline: 1-800-761-7575
  • Sodat (outpatient) 124 N. Broad St., Woodbury, NJ: 856-845-6363

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A notification regarding the availability of this policy will be distributed, via the Rowan email system, annually to each employee and student who is taking one or more classes for any type of academic credit except for continuing education units, regardless of the length of the student's program of study. 

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