Community Policies & Student Grievances
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Campus Conduct Code Violations: Student Procedures
Campus Conduct Code Violations: Faculty/Staff Procedures
Campus Conduct Code Violations: Faculty/Staff Procedures
Student Grievances
Students who have questions or complaints regarding a college policy or procedure regarding civil rights issues, e.g., race, creed, color, national origin, ancestry, disability, age, sex, affectional or sexual orientation, marital status, liability for service in the Armed Forces of the United States or nationality, should file written grievances with the Affirmative Action Officer. All such complaints will be promptly reviewed according to the following principles:
- The person bringing the complaints will not suffer any retaliation;
- The complaint will not be discussed with anyone else without the complainant’s written permission unless required by judicial precedent;
- In conducting any investigation or review, the right to confidentiality, both of the complainant and of the accused, will be respected within the guidelines of conducting an investigation.
- The review will be conducted as quickly as is reasonable and the conclusions reported to the complainant;
- If the complaint is found to be appropriate, the perpetrator of harassment will receive appropriate counseling, referral and/or disciplinary action.
All complaints resulting from disciplinary matters covered by the Campus Conduct Code shall be handled as prescribed by the Campus Hearing Board and Administrative Hearing Procedures. Contact the Dean of Students (J-204). Students charged with an academic irregularity (such as dishonest conduct during an examination or plagiarism in the preparation of an essay, laboratory report, or oral presentation) should direct their grievances or appeals to the Provost (K-201).
Grievance Procedures for Students with Disabilities
Students who have a complaint regarding a handicap/disability issue, or who feel they have been the subject of possible discriminatory treatment on the basis of their handicap/disability, should direct their initial complaint to the Section 504 Coordinator, the Affirmative Action Officer, in K-204. Upon written receipt of said complaint, the Section 504 Coordinator will refer the complaint for a first-level resolution with the appropriate administrative unit head. Such resolution will be conducted within 20 days of the written complaint being filed. If the complaint remains unresolved at this first level, the student should direct an appeal within 20 days to the Section 504 Coordinator for a final-level review and/or resolution. This second-level review shall be completed within a 20-day time period.
Administrative Case Review
The Administrative Case Review is a form of resolution used when a student acts in a manner contrary to the mission of the college, such as affecting the health, safety and well-being of the individual or members of the Stockton community and in circumstances when a student is deemed unable to function successfully at The Richard Stockton College of New Jersey as result of possible psychological or related personal situations. To protect the interests of the student, the Administrative Case Review may be invoked prior to or in lieu of Campus Hearing Board disciplinary action involving alleged violations of the Campus Conduct Code. An Administrative Case Review hearing will allow the student an opportunity to present any explanation of his/her actions. In all instances, the Office of the Dean of Students will notify the student, in writing, regarding the specific nature of the case review.
Overview of Case Review Process
Professional staff from the Office of Residential Life and/or Counseling Services may request the Office of the Dean of Students to initiate an Administrative Case Review for students who, by virtue of their behavior, demonstrate actions that may affect the health, safety and well-being of the individual or members of the Stockton community. When the Dean of Students initiates an Administrative Case Review, the student will be notified in writing immediately.
An immediate mandatory interim suspension from housing and/or the college shall be imposed if deemed necessary. Where an interim housing suspension is invoked, the student must reside off campus pending the results of the Administrative Case Review. Administrative staff will notify family or next of kin when an interim suspension is invoked.
The student’s ability to return to the campus and/or residential community will be based on the final disposition of the Administrative Case Review. In order to conduct an Administrative Case Review, the Dean of Students or designee will require the student to complete a psychiatric evaluation by a board certified psychiatrist of the student’s choosing. Upon receipt of required documentation (e.g., a diagnosis and treatment plan) from the evaluating psychiatrist, the Office of the Dean of Students will conduct an assessment of the case with a team of representatives from the Offices of Counseling Services and Residential Life, the College’s consulting psychiatrist, and/or other College officers as appropriate. A case review hearing will be scheduled with the team and the student, allowing the student to present any explanation of his/her actions. Final disposition of a case review must be concluded and notice of the outcome sent from the Office of the Dean of Students within seven business days after a case review hearing is held.
An appeal of Administrative Case Review final disposition may be made in writing to the Vice President for Student Affairs within seven business days following the notification from the Office of the Dean of Students. Where a student is removed from the College by the action of the Vice President for Student Affairs, an appeal can be made to the President within seven business days following the notification of the case review final disposition.
In the event that there is a reoccurrence by said student of behavior that may affect the health, safety and well-being of the individual or members of the Stockton community, a special administrative hearing (see Handbook page 114) will be held to address the student’s actions.
Campus Mediation Program
Mediation is a voluntary process chosen by persons in conflict to resolve their disputes collaboratively. The mission of the Campus Mediation Program is to provide an informal means for students to reconcile differences with their peers. The program is an alternative to more-formal complaint or judicial procedures such as the Campus Hearing Board. The program consists of trained mediators who provide an informal, confidential option for solving conflict. The program mediates student interpersonal, inter-group and intra-group conflicts using a mediation model that respects differences among disputing parties.
If you are experiencing conflict with your roommate(s) (on or off campus), classmate(s), teammates or club/organization members, you can contact the Campus Mediation Program at (609) 652-4997 or by e-mail at mediate@loki.stockton.edu. If you would like more information about the Campus Mediation Program, contact the Office of the Dean of Students or the Office of Residential Life.
CAMPUS CONDUCT CODE
Stockton is dedicated to the transmission of knowledge, the pursuit of truth, the development of students and the general well-being of society. The rules, regulations and procedures enumerated in this section are designed to establish standards of civil and considerate behavior that are fundamental to a realization of these goals. The responsibility to respect and hold these regulations must be shared by all members of the Stockton community, who are expected to be fully informed of these regulations. Please click here for Campus Conduct Code.
Off Campus Actions and Behaviors
In meeting its educational mission, Stockton recognizes the importance of establishing and enforcing acceptable community standards of behavior. Individuals who are members of the College community have a responsibility to represent themselves in a lawful and responsible manner at all times, both on and off the campus. In doing so, members of the College community should know that they will be held accountable for their off-campus actions and/or behaviors as they relate to established laws and regulations of federal, state and local agencies, as well as policies of the College. The College reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community when representatives of the College become aware of alleged misconduct.
The College will not routinely invoke the disciplinary process for individual misconduct occurring off College premises. Nonetheless, it will be necessary in order to protect the campus community when there are reasonable grounds to believe that an individual's behavior off College premises indicates that he/she poses a serious and substantial danger to others. Normally, such "substantial danger" will be manifested by a pending criminal charge, usually relating to a crime of violence, burglary, substantial theft or fraud, the distribution of illegal drugs or the possession of substantial quantities of illegal drugs.
Dispositions of Domestic Violence Complaints
Domestic Violence pursuant to NJSA 2C:25-(17)-(33) means the occurrence of one or more offenses such as physical harm, bodily injury, assault or the infliction of fear of imminent physical harm, bodily injury or assault between family members, household members or residents sharing a room.
In cases when Campus Police make an arrest and/or when a Temporary Restraining Order has been issued for an allegation of domestic violence, the Campus Police shall file Campus Hearing Board charges and serve as the complainant in these matters.
Definitions
Complainant: A person who alleges another person violated the Code of Conduct and filed a complaint to be adjudicated through the Campus Hearing Board.
Respondent: A person who has been named in a Code of Conduct complaint as an alleged code violator and is asked to respond via the Campus Hearing Board.
Victim: A person who has been involved in an incident(s) where s/he has been subjected to a Code of Conduct violation. S/he may serve as a complainant or another party may file a complaint on behalf of the victim.
Campus Hearing Board
The regular membership of the Campus Hearing Board consists of students, faculty, unclassified and classified staff members.
SELECTION OF MEMBERS
All members of the Campus Hearing Board will be appointed by the Vice President for Student Affairs. Members will serve a two-year term, generally October 1 through September 30, and are encouraged to participate in at least one panel as an observer prior to serving as a voting panelist. Members may be removed from the Board by unanimous vote of the Executive Committee for failure to meet assignments and/or responsibilities.
STUDENTS: In consultation with the Dean of Students, the Vice President for Student Affairs shall nominate a minimum of twelve currently enrolled matriculated students who must currently not be on academic probation or have no previous violations of the Campus Conduct Code; and they must remain in such status in order to serve on the Campus Hearing Board. Prior to submitting nominations, the Vice President for Student Affairs should have the agreement of those nominated that they are willing to serve if appointed. Nominations will be made by October 1.
FACULTY: In consultation with the faculty deans, the Provost will nominate a minimum of ten faculty members. Prior to submitting nominations, the Provost should have the agreement of those nominated that they are willing to serve if appointed. Nominations should be made by October 1.
STAFF: Unclassified: In consultation with the Dean of Students and the Vice President of Administration and Finance, the Vice President for Student Affairs will nominate a minimum of six unclassified staff who are willing to serve if appointed.
CLASSIFIED: In consultation with the Dean of Students and the Vice President for Student Affairs, the Vice President for Administration and Finance will nominate a minimum of six classified staff who are willing to serve if appointed. Nominations will be made by October 1.
MEMBER RESPONSIBILITIES
Campus Hearing Board members are expected to be responsible for at least the following:
- Understanding of the Campus Conduct Code and sanctions for violation of that code.
- Working knowledge of the Board’s functions and operations.
- Adherence to the format and procedures for the conduct of hearings established by the Board and administered by the Moderators.
- Maintenance of the confidentiality of all complaints, hearings and actions of the Board.
- Recommendations for improving the operations and applicability of the Campus Conduct Code.
EXECUTIVE COMMITTEE
Though the Executive Committee is organized as a subgroup of the Campus Hearing Board for the primary purpose of assigning cases, it can hear certain cases itself.
COMPOSITION: The Executive Committee, which consists of a chairperson, faculty, staff, student, recorder and the Dean of Students or designee (ex-officio), meets regularly to conduct the general business of the Campus Hearing Board. The board, at its discretion, may include on the Executive Committee one at-large member drawn by lot from members of the Board. The chairperson is recommended by the Dean of Students and appointed by the President of the College. Additionally, the Director of Human Resources Management or designee shall serve as a member of the Executive Committee in cases where a complaint is filed against a faculty or staff. Selection will be made at the annual re-organizational meeting of the Board, generally held in October. Nominees for the positions will be current members who are available to serve for the upcoming term of office, i.e., October 1 to September 30. In the event vacancies occur, the chairperson of the Campus Hearing Board, in consultation with the Dean of Students, will forward to the President the names of three Board members who are willing to serve on the Executive Committee.
FUNCTION: The Executive Committee will review any complaints submitted; a prehearing interview may be conducted by the Dean of Students, or designee in the case of a student, prior to the Executive Committee review. The Committee will determine the assignments of such complaints for proper action and disposition, direct the secretary to the Campus Hearing Board to establish a calendar for hearings, and notify the parties involved of their rights and responsibilities. Additionally, the Executive Committee reserves the right to review any complaint submitted, prior to a pre-hearing interview, to determine if the Campus Hearing Board is the appropriate venue for resolution of the complaint. The Executive Committee will act with the authority of the Campus Hearing Board between meetings of the board and will keep members of the board and the College community informed of operations of the campus judicial system.
The Executive Committee may constitute itself as a hearing panel to hear complaints and recommend sanctions to the Dean of Students (if a student is a respondent). In those cases the complaint should be heard by at least a simple majority of the members of the Executive Committee. At least one member of the Executive Committee will be from the same constituency (faculty, staff or student) as the respondent. Decisions of the Executive Committee sitting as a hearing panel must be unanimous.
Annually by October, the Executive Committee of the Campus Hearing Board shall recommend to the Vice President for Student Affairs at least eight members of the College community to serve as moderators. The Vice President for Student Affairs shall designate a minimum of six persons from those recommended to serve in this capacity, and they shall be assigned to specific hearings by the chairperson of the Campus Hearing Board. If the caseload warrants, additional moderators may be selected according to the same process.
SCHEDULE OF OPERATION
The Campus Hearing Board will operate throughout the College year. During summer session, the Executive Committee of the Campus Hearing Board will handle the cases brought before it, as appropriate. Besides convening for necessary hearings, the board will meet publicly at least once a year to review operations and procedures and to prepare an annual report for the President.
Campus Conduct Code Violations: Student Resources
HOW TO FILE A COMPLAINT
Information Needed: Any charge filed against a student member of the College community by a member/non-member of the College community must include:
1 Complainant’s name and address;
2 Respondent’s name, local address and permanent address;
3 College regulation(s) allegedly violated and nature of alleged violation(s);
4 Date and place of alleged violation(s); and
5 Name and addresses of proposed witnesses, when known.
WHERE TO OBTAIN A COMPLAINT FORM: Forms for filing complaints against a student are available from the offices of the President, Dean of Students, Vice President for Student Affairs, the Provost, N-Wing College Center, Residential Life and Campus Police. The signed and dated complaint form should be delivered to the Office of Student Rights and Responsibilities located in room J-204.
WHAT HAPPENS AFTER A COMPLAINT IS FILED: When a charge of misconduct has been filed against a student of the College community, the Dean of Students will determine if the alleged misconduct warrants an interim suspension. If not, the Director of Student Rights and Responsibilities will refer the case to the Executive Committee of the Campus Hearing Board. The committee will review the complaint to determine if the Campus Hearing Board is the appropriate venue to handle the complaint and will assign the case to the resolution process it believes most appropriate. Correspondence for members of the College community will be sent via electronic mediums. Where appropriate, duplicate correspondence will be sent to other local or permanent addresses on record at the College.
PREHEARING INTERVIEW: When complaints are accepted, the student respondent will be scheduled to have a prehearing interview with the Dean of Students or designee. The Dean of Students or Vice President for Student Affairs may automatically assign the complaint to a hearing panel when an interim suspension has been invoked.
During the prehearing interview, the respondent will have the opportunity to respond by: 1. not electing to plea except at a hearing to be scheduled at a later date; 2. not accepting responsibility for stated code violations; or 3. accepting responsibility for stated code violations. The respondent can elect to submit an explanation when accepting responsibility for a code viloation(s).
In those instances where the respondent student accepts responsibility, a sanction meeting will be scheduled with a Dean of Students designee. No hearing panel is convened. Sanctions are developed during this meeting. Sanction recommendations are forwarded to the Dean of Students for review and implementation. If the respondent indicates that he/she is not responsible for code violations and therefore contests the validity of the charges or chooses not to enter a plea, the respondent will sign a statement to that effect. The case is then referred to the Executive Committee, which determines the type of hearing panel or takes other actions such as recommending informal resolution or sending the matter to another sector of the institution for resolution.
METHODS OF RESOLUTION
1. Withdrawal of Charges
The complainant may request withdrawal of his/her charges not later than 24 hours prior to conduct of the sanction meeting or the hearing selected by the Executive Committee. A request to withdraw the charges must be submitted, in writing, by the complainant to the chairperson of the Campus Hearing Board.
2. Refusal to Assign Case
If the Executive Committee refuses to assign a case involving a student as the respondent to a hearing or to another sector of the institution, the complainant may, within five business days, appeal in writing to the Campus Hearing Board as a whole for assignment to a formal hearing or to another sector for the institution. The Board must respond to this appeal within five business days. The Executive Committee will not vote on an appeal of its decision. Appeals to decisions rendered by the Executive Committee will be made by the Dean of Students or his/her designee.
3. Informal Resolution
The Executive Committee may seek informal resolution in cases involving a student by working directly with both parties or by assigning a regular or alternate board member to discuss the case informally with the affected parties for the purpose of effecting an informal resolution. The written results of the informal resolution will be filed with the Executive Committee and the Dean of Students. If informal resolution cannot be accomplished within seven business days after the affected parties have been contacted, the case will be returned to the Executive Committee for disposition.
4. The Executive Committee may refer the matter to the Office of Residential Life.
5. Refer Matter to Academic Affairs
If it appears that the issues raised are academic in nature rather than disciplinary, the Executive Committee may refer the matter to the Provost for resolution. If resolution cannot be accomplished within seven business days after the referral, the case will be returned to the Executive Committee for disposition.
6. Assignment of a Case to the Affirmative Action Officer
7. Assignment of a Case to a Campus Hearing Board Panel
If the complaint cannot be resolved by one of the preceding methods, the Executive Committee will assign the case to a hearing panel.
Campus Hearing Board Panels
Assignment to one of four panels is possible depending on the factual circumstances involved: the Administrative Hearing Panel, the Campus Hearing Board Panel, the Executive Committee Hearing Panel or a Special Administrative Hearing Panel.
A. Administrative Hearing Panel
COMPOSITION: An Administrative Hearing will consist of a panel of from one to three members of the College administration where one individual will act as moderator. An effort will be made to include College administrators from each division of the College. The panel members will be designated by the Dean of Students or Director of Student Rights and Responsibilities.
FUNCTION: The Administrative Hearing Panel will review the case in a manner that provides opportunities for the complainant and respondent to present information in substance and form comparable to that provided by a Hearing Panel. The decision of an Administrative Hearing Panel must be unanimous. Administrative Hearing Panels are generally utilized based upon unique circumstances surrounding a particular code violation, as determined by the Executive Committee. Examples include the timing of cases being filed (e.g., near the end of the semester or during the semester breaks when students, faculty and/or staff may not be available enough to ensure the speedy resolution of a case), cases involving sensitive medical or health related information, and serious violations that may not have resulted in the imposition of an interim suspension.
The Executive Committee may evaluate a case and determine that the matter(s) at issue can be resolved by an Administrative Hearing. In such an event, the chairperson will advise the complainant and the respondent and request the Director of Student Rights and Responsibilities, if a student is the respondent, to establish and arrange for the conduct of an administrative hearing. Within five business days of notification of a complaint, a respondent may request an administrative hearing in place of a hearing panel by putting this request in writing to the chairperson of the Campus Hearing Board.
A written summary of the administrative hearing will be forwarded to the Dean of Students and the chairperson of the Campus Hearing Board with recommendations for dismissal of the case or imposition of sanctions. The Dean of Students will advise the complainant, the respondent and the chairperson of the Campus Hearing Board of the decision within seven business days of receipt of the recommendations of the Administrative Hearing Panel.
B. The Executive Committee Hearing Panel
(Please refer to previous section entitled “Executive Committee.”)
C. Campus Hearing Board Panel
Regular hearing panels are generally utilized to hear cases where constituency-based representation on the hearing panel is available and particularly desirable. Examples include general violations of the College policy, such as disorderly conduct, some alcohol/drug violations, theft and unauthorized entry.
COMPOSITION: The panel is composed as follows: When a student is accused of misconduct and appears before a hearing panel, it shall consist of three students, one faculty and one staff.
Membership on hearing panels is thus weighted to allow the maximum participation by Board members from the same constituency as the respondent. The Board members assigned to a hearing from other constituencies will be appointed on a rotating and schedule-availability basis. Each hearing will be conducted by a non-voting moderator.
FUNCTION: Cases that do not involve interim suspension or otherwise involve unusual circumstances, such as those considered when an administrative hearing is utilized, are generally referred to a Campus Hearing Board panel by the Executive Committee.
D. Special Administrative Hearing Panel and Interim Suspension
In cases where the Dean of Students makes a judgment that the presence of an alleged student violator of the Campus Conduct Code presents an imminent danger to the individual and/or others on the campus or to the orderly conduct of the College, the respondent student may be suspended and barred from the campus by the Dean of Students prior to a hearing. In all cases of interim suspension, a Special Administrative Hearing will be held within seven business days of the date the suspension was imposed.
COMPOSITION: A Special Administrative Hearing Panel will consist of a panel of from one to three College staff where one individual will act as moderator. An effort will be made to include College administrators from each division of the College.
FUNCTION: In instances where the alleged violation is of such a type that it has resulted in the imposition of an interim suspension, the Dean of Students will designate a Special Administrative Hearing Panel to hear the complaint. All recommendations from such an administrative hearing will go directly to the Dean of Students for review and appropriate action. The Special Administrative Hearing Panel will review the case in a manner that provides opportunities for the complainant and respondent to present information in substance and form comparable to that provided by a hearing panel.
CONDUCT OF HEARINGS
1. All charges will be presented through the chairperson to the respondent in written form at least five business days prior to the scheduled hearing. The notice will include:
- Name and address of the complainant;
- The regulation(s) allegedly violated and the nature of the alleged violation(s);
- Date, time and place of alleged violation(s);
- Date, time and place of hearing;
- Reference to the pages of the Student Handbook where sanctions and Campus Hearing Board procedures are defined;
- Names and addresses of proposed witnesses, when known.
2. Within five business days after receipt of notification, the respondent may appeal the decision to assign the case to mediation, an Executive Committee Hearing Panel or Campus Hearing Board Hearing Panel, and may request an Administrative Hearing panel.
3. No recommendation for the imposition of sanctions may be based solely upon the failure of the respondent to answer the charges or appear at the hearing. If a respondent, who is not present at a hearing, submits written evidence, it will be read into the record by the moderator and considered before action is recommended.
4. No member or alternate member of the Campus Hearing Board will participate in any case in which he/she is the respondent, a complainant, a witness, has a direct personal interest or in which he/she has acted previously in an advisory capacity. If a board member’s eligibility to participate in a case is challenged by parties to the case, a decision in this regard will be made by the moderator. Replacement will be made from board members of the same constituency as the ineligible board member.
5. Each hearing will be conducted by a moderator. The moderator’s responsibility will be to provide for the effective conduct of the hearing. The moderator will only vote in actions taken by an administrative panel or a special administrative panel in which case he/she will also serve as chair.
6. Picture taking, filming or use of any electronic device (e.g., cell phone, computer) are prohibited during the hearing as are audio/visual recording devices, other than those employed by the Hearing Board. Use of electronic devices pertinent to presentation at the hearing may be granted with explicit permission of the hearing moderator. A summary digest and a verbatim record, such as a tape recording, will be produced for all hearings in cases that may result in the imposition of the sanctions of restitution, suspension or expulsion from the College.
7. The Campus Police Department may serve as a resource for the complainant and/or respondent to conduct fact finding for a Code of Conduct complaint prior to its adjudication through a hearing. Discretion is given to College administrators and/or Campus Police as to which College records can be accessed, viewed and/or duplicated for the requesting party. The Office of Student Rights and Responsibilities may serve as a resource for a respondent to conduct fact finding when the Campus Police serve as a complainant.
8. Hearings may be open to the public with the consent of both parties. In hearings involving more than one respondent, severance will be allowed; that is, one respondent and the complainant may agree to and receive a hearing closed to the public, while another respondent receives a hearing open to the public. At all hearings, the moderator has the right to move to a closed hearing by removing spectators, witnesses not currently being interviewed and any other persons except the panel members and Campus Hearing Board Chairperson or designee, complainant, complainant’s advisor, respondent and respondent’s advisor.
a. In a closed hearing, witnesses will be present only for the time necessary to present testimony and respond to cross-examination.
9. The complainant and the respondent have the right to present witnesses subject to the right of cross-examination by the other parties. The moderator may limit the number of witnesses to be heard.
10.2 The hearing panel may direct questions through the moderator to any party to the proceedings or to any witness called by the parties or by the hearing panel.
11. The respondent will not be compelled to testify against his/her will.
12. The hearing panel will receive and consider relevant and material oral and/ or documentary evidence. The moderator may exclude irrelevant or unduly repetitious evidence. Verbal testimony must have direct relevance to the case as opposed to character witness statements. Witnesses who knowingly furnish false information during a hearing will be charged with a violation of the Campus Conduct Code as appropriate.
13. Each complainant, respondent or victim (in cases where the complainant is someone other than the victim), has the right to be assisted at the hearing by one advisor of their choosing, e.g., an attorney, counselor, parent or roommate. The role of the advisor is to assist and advise and not to offer testimony, question witnesses, make statements or speak before the panel in place of the respondent, complainant or victim. Further, an advisor may not interfere with the proceedings of the hearing.
14. After hearing testimony and receiving pertinent evidence, the hearing panel will render a decision within seven business days of the date of the hearing. If five members hear a case, the majority will govern the decision. If four or fewer members hear a case, the decision must be unanimous. No fewer than four may be present except in cases heard by an Administrative Panel, a Special Administrative Panel or an Executive Committee Panel Hearing.
15. The findings of the hearing panel will be forwarded to the chairperson of the Campus Hearing Board. The Dean of Students, if a student is a respondent, will be responsible for notifying the complainant and the respondent of the decision and for implementing it in a timely manner. In cases of suspension from the College, the Vice President for Student Affairs will notify the respondent, complainant, appropriate offices and external agencies/entities as required by statute. In cases of expulsion from the College, the President will implement the sanction. A copy of the sanction letter will be placed in the student’s official file in the Office of Student Records and Registration.
16. . All summaries of proceedings, notes, audio or written records, etc., pertaining to the conduct of the hearings are maintained by the Office of Student Rights and Responsibilities.
SANCTIONS DEFINED
- Warning: Oral or written notice to the offender that his/her conduct was questionable and continuation or repetition of the conduct will be treated more severely.
- Reprimand: Written notice to the offender for violation of specified regulations, including the possibility of a more severe disciplinary sanction in the event of future violations.
- Community Service: Performance of useful duties that benefit the Stockton community in general.
- Probation: a defined period of time for the student to reflect on behavior and be given notice that future violation of Code of Conduct or College policies during the probationary period will result in more serious disciplinary action. Other restrictions or conditions of the probationary period may apply and will be stated in the sanction letter.
- Restitution: Reimbursement for damage to or theft of property. Reimbursement may take the form of appropriate service to repair damages, payment to compensate for damages or replacement. Restitution may not be made by the College on behalf of the respondent utilizing any refund directly from federal or state financial aid grants or loans to the complainant or College.
- Fine: Sum of money to be paid as the direct result of an offense or in lieu of community service (community service fine is $10 an hour). Money collected will defray costs associated with intervention/rehabilitation programs for campus offenders and/or victims, as appropriate. Restitution may not be made by the College on behalf of the respondent utilizing any refund directly from federal or state financial aid grants or loans to the complainant or College.
- Deferred Suspension: Pending exclusion for a definite period of time from College classes, programs and/or activities set forth in the notice of suspension. Permitted to enroll in classes and use academic facilities, but restricted from participation in extracurricular activity, including use of non-academic facilities. Other conditions, restrictions, educational and/or remedial action may apply and will be stated in the sanction letter. Established violation of the Code of Conduct or provisions of defined sanctions during the defined period of deferred suspension will result in suspension from the College.
- Suspension: Exclusion for a definite period of time from College classes, programs and/or activities as set forth in the notice of suspension. The suspension requires absence from campus and life of the College. The conditions of readmission or reinstatement of privileges shall be stated in the letter of suspension and may include or be limited to loss of on campus housing and visitation privileges.
- Dismissal: Separation from the College with no promise of future return.
- Expulsion: Permanent withdrawal of a student’s privilege to register for and attend classes, reside on campus or use College facilities.
- Other: Other sanctions as deemed appropriate in order to deal with specific needs not addressed herein, such as awareness/rehabilitation programs.
Note: Misconduct that is motivated by discriminatory intent may result in the imposition of a more serious sanction. In the case of probation, deferred suspension, suspension or expulsion, notification will be made to the appropriate offices of the College. A copy of any written sanction will be placed in the student’s official college file and will remain there in accordance with the Records Retention Policy.
Good Samaritan Policy
In an effort to promote responsible student behavior and respect for the health and welfare of all members of the collegiate community, panel members may take into account when determining the appropriate sanctions whether a respondent student attempted to take remedial action to assist a victim in a life-threatening situation. Providing students with necessary medical assistance due to over-consumption of alcohol and/or other drugs takes priority over judicial or criminal considerations. Students are therefore strongly encouraged to seek immediate assistance for themselves or their friends without regard for possible disciplinary or criminal concerns. Consideration for disciplinary leniency will be given to students who require medical support or who request medical support for others due to dangerous consumption of alcohol or drugs.
Appeal Process
Within seven days after a decision by the Dean of Students, Executive Committee, Special Administrative Hearing Panel or a hearing panel, the complainant and/or the respondent may appeal to the Vice President for Student Affairs to review the decision. Within seven days after a decision is made in cases of suspension, dismissal or expulsion from the College, appeals are directed to the Vice President for Student Affairs. The appellant must present a written statement that argues that he/she was denied a fair hearing. The Vice President for Student Affairs may refuse to review an appeal he/she believes to be without merit. Those appeals accepted will only be reviewed to determine whether or not a fair hearing occurred. Upon review, the Vice President for Student Affairs will: 1. Sustain the original judgment, or 2. Adjust the charges and/or modify sanctions, or 3. Order a rehearing. The rehearing will be held within seven business days before panel members and alternates who did not participate in the original hearing. The number of students, faculty and staff who rehear the case will be identical to the original hearing, or, 4. Dismiss the case.
Records Maintenance
The official records for the Campus Hearing Board are maintained by the Office of Student Rights and Responsibilities, with appropriate copies of sanction letters sent to specified offices and the Office of Student Records for inclusion in the student’s official file. Campus Hearing Board files are kept for a period of five years from the date of the sanction letter. Sanction letters in a student’s official file are removed at the time of the student’s graduation.
DOUBLE JEOPARDY
Technically, the principle of double jeopardy is a criminal law concept, and because the courts agree that College disciplinary hearings are not criminal proceedings, criminal law principles do not apply.
But, even dismissing the civil-criminal technicality, it would be unreasonable to suggest that a person committing a wrong act, on or off campus, that violated both the Campus Conduct Code and criminal statutes could not be punished by all injured parties. The fact that a single act evokes concurrent sanctions does not make it “double jeopardy” nor does it necessarily offend any sense of fair play. What is important is that each prosecuting party be able to identify the particular way in which it was damaged. Thus, the College may institute its own proceedings against a person who, while on campus, violates a civil or criminal law that is also a violation of a College regulation.
CIVIL LAW AND CIVIL AUTHORITY
When there is an imminent danger to persons or property on the campus, and/ or when the College’s resources are not adequate to sustain normal operation of the College, the College president may request assistance from civil law enforcement officers.
Students should be aware that off-campus law enforcement officers have legal access to the campus at all times. When federal, state or local law enforcement officers have reason to believe the law is being violated on the campus, they may proceed to take appropriate action on their own initiatives, without the prior request or approval of the College. The Campus Hearing Board is not designed nor authorized to enforce local, state or federal criminal and civil laws. However, once a matter is brought to the College’s attention or a student, faculty or staff member is adjudged guilty in a civil or criminal court of law, the College may initiate Campus Hearing Board procedures, if the misconduct is so serious as to demonstrate that the person can no longer effectively contribute to the College community. Generally such action should be anticipated when a person is convicted of a felony.
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