Code of Student Conduct

POLICY:

CODE OF STUDENT CONDUCT

The Code of Student Conduct, adopted by the Board of Trustees on December 19, 1972 and revised on May 21, 1974 and August 19, 1975, shall be further revised and brought up to date as per attachment.

(Explanatory Note: The proposed revision affects only the appointment process to the College Judicial Board and reflects the reorganization of the academic divisions as approved by the Board of Trustees on June 5, 1979.)

CODE OF STUDENT CONDUCT
Any student of Middlesex County College may be suspended, placed on probation, or given a lesser sanction for the commission of one or more of the following causes, which must be County College related:

VIOLATIONS

1. Forgery, alteration or misuse of any official college document, records, student or faculty identification or credit card.
2. Unauthorized use of, or misuse, including mutilation and/or defacing of educational materials, college records or college property.
3. Construction of or actual possession of firearms, inherently dangerous or explosive materials including fireworks.
4. Threat of, or inflicting bodily harm or physical abuse or injury to the person of a fellow student, faculty or staff member, administrative officer or guest of the College.
5. Theft, misappropriation, vandalism, non-accidental damage, grossly negligent damage or arson to any College property or private property of a fellow student, faculty or staff member, administrative officer or campus visitor.
6. Physical or verbal obstruction or disruption of teaching, research, administration disciplinary proceedings or any other office or authorized College program event, function or activity.
7. Resisting a Campus Police Officer while acting in the performance of his/her duties on the College premises, or intentionally ignoring citations issued by Campus Police Officers.
8. Unauthorized entry into any secured College building or facility.
9. Obstructing access to any campus building or other facility and unregistered, unreserved or unauthorized use or occupation of any College meeting facilities, classrooms, public or common indoor or outdoor areas, teaching, research, recreational, athletic, faculty offices or other components of the College physical plant or property.
10. Use of or actual possession, distribution, transfer or sale of narcotics, hallucinogenic agents and abusive drugs.
11. Failure to register the dissemination of printed material or unauthorized display of posters and advertising material.
12. Abusive or unauthorized use and operation of outdoor and indoor sound systems, public address systems, sound tracks, or bull horns.
13. Furnishing false information to the College with intent to deceive.
14. Unauthorized consumption and/or unauthorized possession of alcoholic beverages on campus.
15. Cheating or plagiarism in connection with an academic program at the College.
16. Failure, after a warning, to wear adequate clothing and foot covering while attending classes or utilizing any campus facility.
17. Smoking in areas designated "No Smoking."
18. Consumption of food and beverages in classrooms, lounges and hallways of classroom buildings, laboratories, and the library.
19. Gambling on College property.
20. The violation of any of the criminal statutes of the State of New Jersey which violation occurs either on the College campus or directly affects the College community.
21. Soliciting or assisting another to do any act which would subject a student to suspension or probation.

SANCTIONS
The various penalties for the commission of a violation are set forth hereafter.  Upon a finding of guilty of any violation, one or more of the listed sanctions may be imposed, accumulatively or in the alternative.  The maximum penalty for the commission of said violation shall be an indefinite suspension from the College.

1. Warning:  Notice, orally or in writing, that continuation or repetition of conduct found wrongful may be cause for more severe disciplinary action.
2. Censure:  A written reprimand which becomes a part of the student’s file and includes the possibility of more severe disciplinary sanctions in the event of the finding of a subsequent violation of a College regulation within  a stated period of time.
3. Probation:  Exclusion from participation in privileged or extracurricular College activities for a period not exceeding one academic year.
4. Suspension:  Exclusion from participation in all College programs,  academic and extracurricular.
5. Fines:  A money penalty not to exceed $200.00 to cover the costs of replacing physical property to the College intentionally damaged or stolen by any student, or damaged through the gross negligence of the student.  The payment of any fine by students shall in no way limit the right of the College to seek restitution for appropriate damages through appropriate civil proceedings. 

COLLEGE JUDICIAL BOARD
A College Judicial Board shall be organized to hear cases referred to it by the Vice President or brought before it by students facing charges.

1. COMPOSITION OF THE BOARD
   The College Judicial Board shall consist of 12 persons: seven students and five faculty members.  A faculty member shall be elected chairperson of the College Judicial Board by the other members for a one-year term.  The responsibilities of the chairperson will be to insure that the Right To Due Process is not abridged and that the College Judicial Board holds its hearings in accordance with procedures set forth herein.  A simple majority of the members of the Board shall constitute a quorum.
2. ELIGIBILITY
   A student member of the College Judicial Board shall be a student who has been enrolled at least one semester and has at least a 2.0 cumulative average.
3. APPOINTMENT PROCESS
   Students and faculty shall be nominated for membership on an individual basis by each respective Division Council (faculty members: one each from Social Sciences and Humanities, Business, Computer Science and Engineering Technologies, and Science, Mathematics and Health Technologies; student members: two each from Social Sciences and Humanities and Business, Computer Sciences and Engineering Technologies, one from Science, Mathematics and Health Technologies and forwarded to the Vice President, who shall make the final appointment of the members of the College Judicial Board.  Appointments shall be made within the first 30 days of the fall semester.
4. TERMS OF OFFICE
   Students and faculty members shall be appointed for one-year terms.  In the event of a resignation, an appointment will be made after nomination by the appropriate body for the length of the unexpired term.
5. JURISDICTION
   The Judicial Board shall be the principal campus-wide committee with jurisdiction to hear all charges of student misconduct which have as a possible penalty either probation, suspension, or the levying of a fine.  After careful deliberation the Board will recommend appropriate action to the Vice President.  The Vice President in turn will impose appropriate sanctions if students are found to be guilty. The Judicial Board shall have the authority to prescribe supplementary rules of procedure consistent with the requirements contained herein.  The Board may also, on request, render written advisory opinions concerning the meaning and application of this code, or of the rules and regulations promulgated pursuant to this code.

DISCIPLINARY PROCEDURES

1. COMPLAINTS
   1. Charges of violations of the Code of Student Conduct may be made by any member or guest of the College community, or by any representative of any department or agency of the College.
   2. Charges shall be in writing and shall be filed with the Office of the Vice President for Academic and Student Affairs (hereafter "Vice President").  Upon such filing, the Vice President shall notify the Academic Dean in charge of that student of the charge.
   3. The appropriate Academic Dean shall then investigate the alleged violation of the Code of Student Conduct.  If he/she determines that there is no substance to the charge, he/she shall notify the Vice President and all charges shall be dropped.  In the event that the Academic Dean determines that the charge warrants as a penalty only a warning, the dean will meet with the student to discuss the charge and issue the warning.  The issuance of the warning terminates the complaint.
   4. If the Academic Dean determines that there is sufficient evidence to warrant a penalty other than a warning, the dean will prepare and serve on the person charged a complaint setting forth the nature, time, and place of the violation charged.  The complaint will be served on the person charged within 30 days of the filing of charges.  Service of the complaint will be in person or by certified mail, return receipt requested, addressed to the person.  The complaint will be accompanied with notification of the date, time and place of a hearing with the Vice President.
2. INFORMAL HEARINGS
   1. If students wish to plead guilty to the complaint and waive their right to a hearing, they may do so by signing a written waiver to this effect.  The student will return the waiver to the dean who will make recommendation of disciplinary action to the Vice President who in turn will assign appropriate sanctions.
   2. If students wish to plead innocent, an informal hearing will be held before the Vice President.  At said hearing, the dean will present the charges and evidence supporting said charges.  Students have the right to be present at the hearing, be informed of the evidence considered against them, have an opportunity to rebut it and to present evidence on their own behalf and have the assistance of an advisor of their choice.
   3. If after said hearing the Vice President shall determine that either the student is innocent or that the violation committed by the student warrants as a penalty only a warning or censure, he/she shall, if applicable, assess said penalty and the matter shall be deemed closed.
   4. If after said hearing the Vice President shall determine that the violation committed by the student warrants either probation, suspension, or the levying of a fine, he/she shall advise the student, who shall then have a period of 15 days to request a hearing before the Judicial Board.  If the student does not request such a hearing within such time, the Vice President shall determine the sanction and advise the student in writing of such sanction, or may refer the matter to the Judicial Board.  If the student or Vice President requests such a hearing, the Dean shall forward the reports and evidence concerning the case to the College Judicial Board for action.  Thereafter, the Dean will be concerned with presenting the charges to the Board and receiving the report of the finding of the Board and aiding the student to comply with any punishment decreed by the Board.
3. JUDICIAL BOARD HEARINGS
   1. The College Judicial Board shall then serve on the person charged notification of the date, time and place of the hearing before the Board, which date shall not be less than 10 days from the date of service.  Service of the complaint shall be in person or by certified mail, return receipt requested, addressed to the person.  A copy of this notification shall be filed in the Office of the Vice President for Academic and Student Affairs and the respective Academic Division Dean.  In addition, the College Judicial Board shall instruct the Dean to forward to the student immediately a list of witnesses and a copy of their statements or complaints which the complainant intends to submit against him/her.
   2. If after due notice of the complaint and the date of hearing, the student fails to appear, and the majority of the Judicial Board is satisfied that the student had appropriate notice of the complaint and date of the hearing and no valid excuse for not appearing, the Board may then hold the hearing without the student present.
   3. Decision in all cases shall be determined by a simple majority vote of the members present.
   4. The Board shall follow the Rules Governing Procedures attached hereto.  In addition, the Board may adopt any other procedural rules which are not inconsistent with these rules in order to assure a fair and impartial hearing.  Within 15 days of the conclusion of the hearing, the College Judicial Board shall file a report containing findings of fact and conclusions as to the validity of the charges.  The report along with recommendations of disciplinary action shall be filed with the Vice President for Academic and Student Affairs.  If the hearing was conducted in the absence of the individual charged, the report shall so indicate.
4. IMPOSITION OF SANCTIONS
   If the person charged is found guilty, the Vice President for Academic and Student Affairs shall impose any sanction or sanctions.  A report of findings and imposition of sanctions shall be forwarded to the respective division dean and served on the person charged in person or by certified mail, return receipt requested, addressed to the person.
5. APPEALS
   1. Within 30 days of the student’s receipt of notice of the Board’s disposition of the case and subsequent imposition of sanctions by the Vice President, the student may appeal the decision to the President.  Such notice shall be in writing and shall not be subject to any other formal requirements except to reasonably express his/her desire to appeal the decision.  Upon receipt of such notice, the President shall advise the chairperson of the Board and the Vice President that such an appeal has been filed.  They shall then make the record of the proceedings available to the President.
   2. The President may give the appellant an opportunity to present his/her reasons for the appeal, and if in the President’s discretion it is desirable, may hear from the dean, Vice President, and representatives from the Board.  After hearing the student and such others as deemed appropriate, and considering the record of the Board, the President shall make the final decision and set the sanction.
6. ADMINISTRATIVE SUSPENSION
   Pending the completion of the hearing before the Board and the imposition of sanctions, the status within the College of the person charged shall not be altered unless his/her continued presence on campus shall be found by the Vice President to constitute a serious threat to the College community or to the property of the College.  Such findings shall be preceded by an appropriate hearing before the Vice President unless extraordinary circumstances preclude a hearing.  In any case, the Vice President for Academic and Student Affairs is authorized to suspend the person charged, and the temporary suspension is to remain in effect pending the completion of the hearing before the Board and final determination of the case.

COLLEGE JUDICIAL BOARD
RULES GOVERNING PROCEDURES OF THE COLLEGE JUDICIAL BOARD AND PROCEDURAL RIGHTS OF INDIVIDUALS CHARGED

1. The Judicial Board proceedings are de novo, that is, without reference to any matter developed previously in an informal proceeding in which disciplinary action was considered.
2. No member of the Judicial Board, who has previously participated in the particular case or who would appear as a participant before the Board itself, shall sit in judgment during that particular proceeding.
3. Hearings before the Judicial Board shall be held in private unless students charged request that the public be admitted.  The public may then be admitted subject to the following stipulations:
   a. That in the event of disorder or disruption of the hearing by spectators, the Board may order the hearing closed to the public.
   b. The Board may order all spectators excluded from the hearing during the testimony of a witness when the Board concludes that such exclusion is necessary and appropriate to avoid embarrassing publicity for a witness.
4. Persons charged shall have the right to be represented by an attorney or any other representative of their choice from within or without the College community.
5. Persons charged shall have the right to be informed of the identity of the person initiating the charges against them and the right to hear the witnesses against them, subject to reasonable rules of procedure, the right to cross-examine such witnesses either personally or by their representative.
6. Persons charged shall have the right to produce witnesses in their own defense. The Board may limit the number of repetitive witnesses in order to avoid dilatory tactics.
7. Persons charged shall have the right to testify in their own behalf, or to refuse to testify without such refusal being construed against them.
8. The charges may be presented by either the appropriate Dean or legal counsel or another agent of the College appointed by the Vice President.
9. A written transcript or other record of the hearing shall be made and preserved for not less than 60 days after persons charged have been notified of the Board’s action in the case.  In the event no appeal is taken from the Board’s action within the time set for such appeal, the transcript or record may be destroyed.
10. Order of Business:
    a. Call to Order,  Chairperson
    b. Statement of case to be heard, Chairperson
    c. Opening Statement, Complainant or College Delegate
    d. Opening Statement, Defendant or Advisor
    e. Presentation and cross-examination of evidence and witnesses for the prosecution 
    f. Presentation and cross-examination of evidence and witnesses for the defense 
    g. Closing Statement, Complainant or College Delegate
    h. Closing Statement, Defendant or Advisor
    i. Closing comments and announcement regarding the calendar,  Chairperson
    j. Adjournment, Chairperson
11. Deliberations of the Board shall be conducted out of the presence of persons charged with misconduct and with no other persons or spectators present
12. No record or transcript of the Board’s deliberation shall be made except a formal record of the Board’s action.

Approved: Board of Trustees
December 19, 1972
Revised:  May 21, 1974
August 19, 1975
October 2, 1979 

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