A. “College” means The College of New Jersey.
B. “Student” or “students” includes all persons who are registered for undergraduate courses or maintaining matriculation in an undergraduate degree program at the College, either full time or part time, degree seeking or non-degree seeking, and have an academic record with Primary Academic Web Services (PAWS), the College’s records and registration system. The status of other individuals who participate in College-sponsored or recognized programs will be determined solely at the discretion of the Director of Student Conduct.
C. “College official” includes any person employed by the College performing assigned administrative, academic, or professional responsibilities including campus police, campus health providers, and student employees.
D. “Policy” means the written regulations, standards, and policies of the College as found in, but not limited to, this policy and an official TCNJ policy website.
E. “Effective consent” is informed, freely and actively given mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. A person may be unable to give effective consent when he or she is unable to consent due to his or her age, or because he or she is physically helpless, mentally incapacitated, or intoxicated from alcohol or other drugs.
F. “Sexual penetration” includes vaginal intercourse, cunnilingus, fellatio, or anal intercourse between persons or insertion of the hand, finger, or object into the anus or vagina either by the actor or upon the actor’s instruction.
G. “Sexual contact” is an intentional touching by a person, either directly or through clothing, of another’s intimate body parts for the purpose of degrading or humiliating another or sexually arousing or sexually gratifying the actor.
H. “Intimate body parts” includes the following: sexual organs, genital areas, anal area, inner thigh, groin, buttock, or breast of a person.
I. “Communication” includes, but is not limited to, contact through the use of the Internet, social networking sites, email, voicemail, text message, written message, and telephone, as well as in person.
J. “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person; following, monitoring, observing, surveilling, threatening, or communicating to or about a person directly or through third parties, by any action, method, device, or means; interfering with a person’s property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.
K. “Protected category” collectively refers to one or more of the following categories: age, race, creed, color, national origin, nationality, ancestry, age, sex/gender (including 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, or disability.
L. “Advisor” is a person chosen by either an accused student or a student presenting information in support of a complaint to accompany the student during conferences or hearing proceedings and/or assist him or her with any hearing or conference preparations. The advisor may not participate directly in any proceedings or represent any student involved. Any cost associated with the participation of an advisor is the responsibility of the student.
M. “Controlled substance” means a substance whose distribution is controlled by regulations or statute. Such substances include, but are not limited to, narcotics, depressants, stimulants, hallucinogens, and cannabis.
N. “Drug” refers to a chemical substance, especially one prescribed by a physician that is used in the diagnosis, treatment, or prevention of a condition or disease. A drug is also a chemical substance, such as a narcotic, that affects the central nervous system and is used recreationally for perceived desirable effects on personality, perception, or behavior. Drugs purchased without a prescription may include headache medicines, cough syrups, and similar mild medications, and can be purchased at virtually any pharmacy or retail store. For purposes of this policy, the term “drug” also includes any other chemical substance, compound or combination when used to induce an altered state, and any otherwise lawfully available product when used for any purpose other than its intended use when such use may cause harm to oneself or others.
O. “Narcotic” refers to an addictive drug, such as opium or morphine, which reduces pain, alters mood and behavior, and usually induces sleep or stupor.
P. “Prescription drug” refers to any substance prescribed by a licensed medical practitioner for individual consumption. It includes prescribed drugs and over-the-counter drugs which may have been legally obtained.
Q. “Drug paraphernalia” is defined as all equipment, products, and materials of any kind that are used or intended for use in planning, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing a controlled dangerous substance into the human body, including roach clips, bongs, pipes, etc.
R. “Weapon” includes any item that is designed in appearance or function to resemble a firearm, cause harm, or invoke fear or intimidation. Weapons include, but are not limited to, knives beyond an ordinary kitchen knife, brass knuckles, swords, slingshots, or any other item when used to harm or intimidate another.
S. “Day” is defined as the normal business day and does not include Saturdays, Sundays, designated breaks, legal holidays, or College-designated administrative holidays. With the mutual consent of the student, the Office of the Dean of Students, and the hearing administrator or board, a hearing may be held outside of normal business hours, on Saturdays or Sundays, during breaks, or on administrative holidays. Timelines set forth in this document may be extended in unusual circumstances as determined by the Dean of Students.
T. “Hearing administrator” includes any faculty or professional staff member at the College designated and trained by the Office of the Dean of Students to conduct conferences, administrative informal hearings, and/or administrative formal hearings.