The following is a non-exhaustive list of conduct that does not meet The College’s expectations for student conduct. Such misconduct is a violation of the Student Conduct Code and may result in disciplinary sanctions. Other conduct not found in this code may still be deemed unacceptable and may be addressed by the College.
1. Law and Policy Compliance
a. Violation of any College policy, rule, or regulation published in hard copy or available electronically on the College website.
b. Violation of any federal, state or local law. (See Appendix A and B for non-exhaustive lists of selected state statutes and township ordinances and Appendix C for an excerpt of the State of New Jersey “Anti-Bullying Bill of Rights Act.”)
c. Failure to meet financial obligations with respect to College funds, or conducting any financial transaction unlawfully or unethically.
d. Violation of College policies and regulations governing the possession or use of automobiles or other motor vehicles on campus, or violation of parking regulations published by the College.
2. Personal Integrity
a. Falsifying, or being party to the falsification, of any official College identification card, record, or document.
b. Possession, use, manufacture, or sale of a falsified identification card, document, or record.
3. Personal Abuse
a. Sexual Harassment
i. Conduct of a sexual nature or based on gender or sexuality that is severe or pervasive enough to create an intimidating, abusive, or hostile campus, educational, or working environment as defined by a reasonable person under similar circumstances. This may include unwanted, unwelcome, or inappropriate sexual or gender-based activities, or comments.
ii. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made a condition of the conferral of any benefit, or rejection of such advance, request, or conduct implies that a person will suffer adverse consequences from a student in an express or implied position of authority.
iii. Sexual harassment is a violation of Title IX of the Education Amendments of 1972, and Title VII of the Civil Rights Act of 1964 (as amended in 1991), as well as The Policy Prohibiting Discrimination in the Workplace/Educational Environment (which applies to all employees including student employees with respect to conduct that arises out of their employment status).
b. Obscene or Indecent Behavior
i. Exposure of one’s sexual organs or the display of sexual behavior or contact that would reasonably be offensive to others or be observed by any other non-consenting persons who would be affronted or alarmed.
ii. Trespassing, spying, or eavesdropping for sexual arousal.
c. Physical Sexual Misconduct
i. Any sexual penetration, however slight, that occurs without the effective consent of a person, or that occurs when a person is unable to give consent. Sexual penetration that occurs without the consent of the person can/may include the use of threats, coercion, or physical force. Sexual penetration that occurs when a person is unable to give consent can/may include those instances where the person 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.
ii. Any intentional, non-consensual sexual contact with an intimate body part of another, or forcing another to have sexual contact with an intimate body part of oneself or another, with any object or body part, or any disrobing of another without effective consent.
iii. The College’s highest priority is the physical and mental health, safety, and well-being of individual students and the campus community. An element of promoting safety is providing clear, responsible methods of reporting and addressing incidents of sexual misconduct. Therefore, in order to remove potential barriers to reporting sexual misconduct, the Office of the Dean of Students will not charge a student with violating any expectations of student conduct regarding alcohol or other drugs if that student reports such conduct within a complaint of possible sexual misconduct.
iv. Sexual misconduct is a violation of Title IX of the Education Amendments of 1972, and Title VII of the Civil Rights Act of 1964 (as amended), as well as The Policy Prohibiting Discrimination in the Workplace/Educational Environment (which applies to all employees including student employees with respect to conduct that arises out of their employment status).
d. Bullying, Intimidation, and Harassment
i. Engaging in conduct, including any gesture, written, verbal or physical act, or any electronic communication (which includes e-mails, text messages, and Internet postings on web-sites or other social media), whether it be a single incident or series of incidents; that is so severe or pervasive and objectively offensive that it substantially disrupts or interferes with the orderly operation of the College or the rights of any student or other member of the College community; and that:
a. involves intimidation or threats to another person’s safety, rights of personal privacy and property, academic pursuits, College employment, or participation in activities sponsored by the College or organizations or groups related to the College; or
b. a reasonable person should know, under the circumstances, will have the effect of insulting or demeaning any person or group; or
c. creates an intimidating or hostile environment by substantially interfering with another student’s education, or by materially impairing the academic pursuits, employment or participation of any person or group in the College community, or by severely or pervasively causing physical or emotional harm to the student or other member of the College community; or
a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or other person or damaging the person’s property or placing him or her in reasonable fear of physical or emotional harm to his or her person, or to any member of that person’s family or household, or of damage to his or her property.
ii. Any attempt to intimidate, threaten, or unduly influence another person with the purpose to discourage cooperation or truthful participation in a student conduct matter, investigation, or proceeding.
iii. Abusive or harassing conduct directed at a person or group because of membership in a protected category may result in an enhanced sanction.
e. Invasion of Privacy
i. Unauthorized making of an explicit or objectively offensive recording (including but not limited to photographs, video, and/or audio) of another person.
ii. Unauthorized display, publication, transmission, or other dissemination (including via the Internet) of explicit or offensive recordings (including but not limited to photographs, video and/or audio) of another person. Consent to be recorded does not imply consent for such records to be displayed, published, transmitted, or otherwise disseminated.
iii. Unauthorized intrusion upon a person’s private property or communications.
iv. Unauthorized appropriation and/or use of someone’s identifying or personal data or documents.
f. Stalking
i. Purposefully or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of a third person, or suffer other emotional distress. Such courses of conduct include but are not limited to alarming conduct, following a specific person or otherwise communicating with a person repeatedly in a manner likely to cause fear for safety, or seriously annoy a reasonable person under similar circumstances.
g. Defamation
i. Oral or written publication of a false statement of fact that exposes the person about whom it is made to hatred, contempt, or ridicule; subjects that person to loss of the good will and confidence of others; or so harms that person’s reputation as to deter others from associating with him or her. This does not include the good faith documentation of a possible policy violation.
h. Physical Abuse
i. Use of unwelcome force against the person or property of any person or group.
ii. Any action or statement that imminently threatens significant harm to the health or safety of any person or group.
iii. Any action, statement, or use of force against a person where a personal, intimate, or special relationship exists (defined by marriage, civil union, dating, family membership, or co-habitation), and would reasonably threaten or intimidate that person.
iv. Interference with the freedom of another person to move about in a lawful manner by force, threat, intimidation, or other means without effective consent.
v. Abusive or harassing conduct directed at a person or group because of membership in a protected category may result in an enhanced sanction.
i. Hazing
i. Any action taken, or situation created that negligently, intentionally, or recklessly subjects any person to the risk of bodily harm, physical discomfort, harassment, emotional or mental degradation, abuse, or interferes with academic activities; or causes or encourages any person to commit an act that would be a violation of law or College regulations for the purpose of initiating, promoting, fostering, or confirming any form of affiliation with a student group or organization. This provision applies to all students regardless of College or Student Government recognition of the student group or organization.
ii. Observation by a member of a student group or organization of any hazing activity as described above without reporting the incident to College authorities.
iii. Aiding or assisting another to engage in any hazing activity as described above.
iv. The expressed or implied consent of a person is not a defense to any hazing activity described above.
4. Property
a. Unauthorized use or possession, attempted or actual theft, and/or misappropriation of property belonging to others, the College, or the New Jersey Educational Facilities Authority.
b. Damage, malicious or negligent defacement, or destruction of property belonging to others, the College, or the New Jersey Educational Facilities Authority.
c. Unauthorized possession, duplication, or use of keys to any College premises; or unauthorized entry into any office, residence hall room, mailbox, or other College facility.
d. Defacement, damage or destruction of property directed at a person or group because of membership in a protected category may result in an enhanced sanction.
5. Compliance with Directives
a. Failure to comply with directives issued by an identified College official. A directive may be considered any written or verbal mandate.
b. Failure to correctly identify oneself at all times and present this information courteously upon request by a College official or law enforcement officer.
c. Aiding or assisting another to violate College policy, or acting in any way to further a violation of College policy.
6. Drugs, Narcotics, Controlled Substances, and/or Paraphernalia
a. Unlawful possession, use, purchase, or attempted purchase of drugs, narcotics, or controlled substance and/or paraphernalia.
b. Unlawful manufacture, distribution, or intended distribution of drugs, narcotics, or controlled substance and/or paraphernalia.
c. Misuse or misappropriation of any prescription or over-the-counter medication.
d. Knowingly being in the presence of the illegal use of a drug, prescription drug, narcotic, or controlled substance.
e. Disrupting the campus or off-campus community or engaging in any policy violation while under the influence of a drug, controlled substance, or narcotic.
f. The College’s highest priority is the physical and mental health, safety, and well-being of individual students and the campus community. Therefore, no student seeking medical attention by contacting either College or local authorities for a drug overdose (nor a student who seeks medical attention on behalf of the affected student) will be formally charged under the Student Conduct Code for the unlawful use or possession of a drug. Although this does not relieve any student or organization from responsibility for other policy violations that may have occurred prior to seeking medical attention, the effort to seek help for the affected student may be a mitigating factor in sanctioning. Affected students may be required to complete an evaluation or other education programs, but will not face disciplinary charges or sanctions as prescribed through the student conduct process.
g. Although New Jersey state law permits the use of medical marijuana within narrowly tailored circumstances, federal laws prohibit marijuana use, possession, and/or cultivation at educational institutions and on the premises of other recipients of federal funds. The use, possession, or cultivation of marijuana for medical purposes is therefore not allowed on any College property, nor is it allowed at any College-sponsored event or activity off campus.
7. Alcoholic Beverages
a. Being in possession of, attempting to purchase, purchasing, or consuming alcoholic beverages on or off campus while under the age of 21.
b. Selling, distributing, or serving alcoholic beverages to a person under the age of 21.
c. Possession and/or utilization on campus of devices for the rapid, high-risk consumption of alcohol including, but not limited to funnels, beer pong accessories, beer bongs, luges, etc., regardless of age.
d. Consuming alcoholic beverages or carrying alcohol in open containers in any public area without the receipt of an alcohol permit, regardless of age.
e. Hosting the underage consumption of alcohol in a social space, residence hall room, common area, or off-campus space that is occupied by, under the control of, or reserved for the use of a student or organization.
f. Possession of common source containers of alcohol on campus whether empty or full, including but not limited to kegs, punch bowls, etc., regardless of age.
g. Excessive use of alcohol resulting in a state of intoxication which endangers oneself or others.
h. Disrupting the campus or off-campus community or engaging in any policy violation while a student is intoxicated.
i. The College’s highest priority is the physical and mental health, safety, and well-being of individual students and the campus community. Therefore, no student seeking medical attention by contacting either College or local authorities for intoxication (nor a student who seeks medical attention on behalf of the affected student) will be formally charged for the unlawful use or possession of alcohol. Although this does not relieve any student or organization from responsibility for other policy violations that may have occurred prior to seeking medical attention, the effort to seek help for the affected student may be a mitigating factor in sanctioning. Affected students may be required to complete an evaluation or other education programs, but will not face disciplinary charges or sanctions as prescribed through the student conduct process.
8. Weapons and Dangerous Substances
a. Possession, storage, or carrying of a firearm or other weapon in a residence hall room, on a person, or in a motor vehicle on College premises or at any College-affiliated activity or event.
b. Possession or use of fireworks, gun powder, explosives or other incendiary devices, or dangerous chemicals, except as authorized for use in class, in connection with College-sponsored research, or for another approved activity and used in the way authorized and approved on College premises or at any College-affiliated activity or event.
9. Fire and Safety
a. Setting or attempting to set fire to, or creating a fire on property owned or operated by the College without a permit.
b. Intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency.
c. Unauthorized or improper handling of or tampering with any fire, safety, or emergency equipment or fixtures.
d. Lighting a candle, incense, or any other open flame inside a College facility or wooded area without express permission from the Department of Occupational Safety and Environmental Services.
e. Smoking inside any College building and/or within 10 feet of a doorway to any College building.
f. Removing screens, entering or exiting a building through a window, and/or throwing objects out windows.
g. Leaving exit, fire, and/or smoke doors propped open or unlocked, or entering or exiting the buildings through emergency exit doors.
h. Presence on the roofs of College buildings, fire escapes, ledges, service elevators, balconies, and other areas that are designated closed or prohibited.
i. Riding of bicycles or skateboards, the throwing, kicking, or bouncing of objects, the use of roller skates or blades, the use of water guns, and any other activity that causes risk to property or personal safety inside a College facility.
j. Presence of any motorized vehicle or machine in buildings with the exception of motorized vehicles used by, or in aid to, persons with disabilities.
10. Computer Misuse
a. See the Client Computing Usage Policy
11. Disruption/Obstruction
a. Disruption to, or obstruction of teaching, research, administrative, disciplinary proceedings, or other College activities or normal operations including its public service functions on or off campus.
b. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College-sponsored or supervised events or activities.
c. Behavior that disturbs the peace, academic study, or sleep of others on or off campus.
12. Repeated Behavior
a. Repeated behavior that materially and/or substantially interferes with the operation of the College or individuals, and that previously has been brought to the attention of the student through participation in a separate behavior review process or by a College official.
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