University Code of Student Conduct

The University Code of Student Conduct was created to ensure the safety and security of the Rutgers community. This document is intended to ensure students and organizations are aware of their rights and responsibilities within the conduct process, and to uphold the integrity and values of Rutgers, The State University of New Jersey. When students choose to enroll at Rutgers University, they are encouraged to respect its values.

The Code of Student Conduct is more than a collection of University regulations to be abided by – it seeks to promote the University’s values and educate. The Code of Student Conduct encourages students to be their authentic selves as they find their place on campus, while also encouraging students to embrace inclusion through discovery, dialogue, and development as they celebrate diverse backgrounds.

The spirit of the Code of Student Conduct promotes student engagement both on and off campus, global citizenship, and leadership. It encourages students to uphold the highest tenets of trust, honesty, and integrity, understanding at all times that our actions significantly impact our personal journeys, our communities, and our larger society.

Rutgers–Camden, Rutgers–Newark, and Rutgers–New Brunswick students originate from all corners of the world and travel between many campuses and cities. As our students strive to achieve their goals, they are expected to conduct themselves in accordance with University policies and procedures, but more importantly, the values and spirit that these policies and procedures are founded upon.

The University is committed to providing accessible, prompt, thorough, and fair methods of investigation and resolution of incidents reported under this Code to all University members of the Rutgers community. To this end, both the complaint party and responding student are entitled to the following rights throughout the disciplinary processes set forth in this Code, subject to the terms of this Code.

A. To be treated with dignity by all persons involved in the disciplinary process.

B. To equal access to information, evidence, and University resources, including information pertaining to counseling services.

C. To a fair disciplinary process.

D. To information about this Code.

E. To participate or to decline to participate in the disciplinary process.

F. To have a Campus Advisor and support person present at all meetings and disciplinary proceedings. Campus Advisor/support person availability is not
sufficient grounds for postponing a meeting, or disciplinary proceeding.

G. To written notice of all meetings and disciplinary proceedings, including the time and place.

H. To present information and/or witnesses on their behalf during the disciplinary process. The relevance of witnesses shall be determined by the Conduct Officer or by the Presiding Officer.

I. To choose to withhold information or testimony if the student feels information presented will lead to self-incrimination. Students are expected to fully cooperate with and participate in the University disciplinary system when notified, but no negative inference will be made should a student choose not to speak.

J. To hear and respond to all information presented against them.

K. To one written copy, upon request, of the report stating the circumstances and allegations involved. This information will be made available after a student is
notified of charges.

L. To notice of the charges, including what prohibited conduct is at issue.

M. To submit written materials relevant to the sanction decision, which may include written impact statements.

N. To have complaints of intimidation, harassment, bullying, or any other form of retaliation addressed by the Office of Student Conduct/Community Standards.

O. To written notification of the case resolution, including any sanctions imposed.

P. To be informed of their right to appeal and of the process for doing so (applies only to accused students).

Q. To written notification of the outcome of any appeal.

R. To privacy throughout the investigation and disciplinary process. The Office of Student Conduct/Community Standards will not release information about a case unless legally bound.

S. To understand that information collected in the process may be subpoenaed in criminal or civil proceedings.

T. To have reasonable steps taken to prevent any unnecessary or unwanted contact with the other party or parties during the investigation and disciplinary process.

Any student found responsible for committing, attempting to commit, or assisting others in committing a violation of this Code shall be subject to disciplinary sanctions as outlined in Section VIII.

Violations of this Code include, but are not limited to:

A. Aiding, enabling, or assisting any person in committing any violation of this Code.

B. Violations of the Rutgers University Academic Integrity Policy. Please refer to University Policy 10.2.13: Rutgers University Academic Integrity Policy for specific information regarding what would constitute a violation of this policy.

C. Violations of the Student Policy Prohibiting Sexual Harassment, Sexual Violence, Stalking, and Related Misconduct. Please refer to University Policy 10.3.12: Student Policy Prohibiting Sexual Harassment, Sexual Violence, Stalking, and Related Misconduct for specific information regarding what would constitute a violation of this policy.

D. Acts of dishonesty:

1. Forgery, unauthorized alteration, or unauthorized use of any University documents or records, or any instrument or form of identification, or access
credentials. This includes, but is not limited to, transfer of a Rutgers University Identification Card (“RU ID”), and misuse or transfer of a residence hall key or access card.

2. Intentionally furnishing false information to the University.

3. Intentionally furnishing false information to persons outside the University concerning the student’s academic record, degree, or activities.

4. Intentionally initiating or causing to be initiated any false report, warning, or threat of fire, explosion, or other emergency.

5. Unauthorized entry into, use of, or misuse of University property, including computers and data and voice communication networks.

6. Possessing or selling false identification, including RU IDs.

7. Unauthorized sale or re-sale of University event tickets or tickets provided through sponsored events/programs funded by University student fees, or the sale of such tickets above face value.

E. Safety violations:

1. Intentionally or recklessly starting a fire (does not include University approved programs including fire, e.g., bonfires).

2. Misusing fire safety equipment or elevators.

3. Intentionally or recklessly endangering the welfare of any individual.

4. Intentionally or recklessly obstructing fire, police, or emergency services.

5. Using, possessing, or storing dangerous chemicals, fireworks, or explosives on University property (even if they are legal to possess because of a license) or illegally possessing dangerous chemicals, fireworks or explosives on an off-campus property. Possessing and storing small containers of pepper spray is permitted.

6. Using, possessing, or storing of any object classified as a weapon by the State of New Jersey on University property or illegally possessing a weapon on off-campus property. Law enforcement officials who are authorized by law to carry firearms are excluded from this definition.

7. Utilizing any instrument in a manner that endangers or tends to endanger any person.

8. Obstructing the free flow of pedestrian or vehicular traffic on or adjacent to University premises or at University events.

9. Failing to comply with the reasonable and lawful directions of University officials and/or University police, including but not limited to, instructions to produce identification.

F. Physical misconduct:

1. Inflicting bodily harm upon any person or animal.

2. Using or threatening to use force against a person or animal.

G. Bullying, intimidation, and harassment:

1. Making any communication to another person in any manner likely to cause alarm, including through electronic or social media platforms.

2. Subjecting or threatening to subject another person or animal to striking, kicking, shoving, or offensive touching.

3. Threatening to reveal or releasing personal information or media about a person electronically or through other means of communication.

4. Engaging in any other course of alarming conduct or repeatedly committing acts with the purpose of seriously alarming another person.

In order to constitute bullying, intimidation, and/or harassment, a person’s behavior must be sufficiently severe, pervasive, or persistent as to substantially disrupt or interfere with the orderly operation of the institution or the rights of a student to participate in or benefit from the educational program.

H. Child abuse: Neglecting, or inflicting any form of physical, emotional, or psychological harm or harassment upon any minor identified as a permanent or temporary dependent, or co-dependent of the accused, or as under the responsibility of the accused.

I. Defamation: Creating a false statement about a University community member and communicating that false statement to a third party, which then exposes that community member to hatred, contempt, ridicule, loss of good will, or loss of reputation as a result of the false statement.

J. Hazing:

1. Engaging in any act that impacts the mental, emotional, or physical health or safety of a student for the purpose of initiation into, admission into, affiliation with, or continued membership in any organization or team whose members are Rutgers University students.

2. Engaging in any activity that is inconsistent with regulations or policies of Rutgers University or laws in the State of New Jersey for the purpose of initiation into, admission into, affiliation with, or continued membership in any organization or team whose members are Rutgers University students.

Behavior falling into these categories shall be considered hazing regardless of whether a person is a willing participant.

K. Invasion of privacy:

1. Making, attempting to make, live streaming, transmitting, or attempting to transmit audio, video, or images of any person(s) on or off University premises 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.

2. Viewing any person(s) on or off University premises 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.

L. Theft or damage to property:

1. Taking or attempting to take University, public, or private property without the consent of the owner or person legally responsible for that property.

2. Obtaining University services through devious means.

3. Knowingly possessing University, public, or private property without the consent of the owner or person legally responsible for that property.

4. Intentionally or recklessly damaging University, public, or private property.

M. Use or possession of alcohol, narcotics, or other drugs:

1. Possessing or consuming alcohol by persons under the legal drinking age in New Jersey.

2. Possessing alcohol in areas on campus where alcohol is not permitted.

3. Unlawfully possessing or using drugs, narcotics, controlled substances, or paraphernalia.**

4. Misusing or misappropriating any prescription, over-the-counter medication, or legal substance.**

5. Possessing or using medical marijuana on any Rutgers University property.

6. Driving under the influence of alcohol and/or other drugs.

 

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**The University strongly encourages students to call a University official and/or medical professional for medical assistance for themselves or for community members who are dangerously under the influence of alcohol or other drugs. Normally, students seeking medical treatment for the effects of drug or alcohol use will not be subject to University discipline for violations pertaining to drug or alcohol possession/use as outlined in this Code.

Medical Amnesty will be granted to both the intoxicated student and to the student seeking medical assistance for the intoxicated student, under the following conditions:

1. Both the intoxicated student and the reporting student will be required to meet with their respective campus’ Office of Student Conduct/Community
Standards to provide a detailed account of the events leading to the need for assistance.

2. Involved students may be required to participate in an educational program related to drugs or alcohol. Failure to participate in a required educational program may result in charges under this Code. Medical Amnesty does not apply to disciplinary action relating to any other code violation including, but not limited to, assault, property damage, or prohibited distribution of substances. Medical Amnesty does not apply to student organizations. Normally, the person who called for assistance will be expected to remain at the scene with the intoxicated student until assistance arrives and to cooperate with medical and law enforcement personnel on the scene.

 

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N. Distribution of alcohol, narcotics, or other drugs:

1. Selling, transferring, giving away, or exchanging something in return for narcotics, prescription medications, or other illegal substances.

2. Providing or facilitating the consumption of alcohol by any person without taking reasonable and prudent precautions to ensure that the person is of legal drinking age in New Jersey.

3. Sharing medical marijuana with any individual who does not have a medical marijuana prescription.

O. Disruption:

1. Intentionally or recklessly interfering with any University activity or University sponsored activity.

2. Disrupting or obstructing an academic class or lecture, an administrative or support function, or official University business.

3. Engaging in classroom conduct that is prohibited by the faculty member or is in violation of the law or University policy. It should be noted that this policy is not intended to punish students for classroom dissent or hinder organized, peaceful, and orderly protests that are undertaken within reasonable time, place, and manner restrictions placed upon the same by the University.

P. Disorderly conduct: Engaging in conduct that is disruptive, lewd, or indecent, regardless of intent, which breaches the peace of the community.

Q. Undisclosed recording: Recording, live streaming, or transmitting images, audio, or video of private, nonpublic conversations and/or meetings on University premises without the knowledge and consent of all participants. This may include recording instructors without consent. Students must consult with instructors for guidance on their recording policies. This provision does not extend to the recording of public events or discussions, to recordings made for law enforcement purposes, or to any registered disability accommodation.

R. Violations of other published University regulations or policies.

S. Engaging in behavior that violates a University interest (as defined in Part III, “Jurisdiction and Authority,” Section I).

T. Abuse of the disciplinary system:

1. Knowingly providing false testimony or evidence at a disciplinary proceeding.

2. Disrupting or interfering with the conduct process.

3. Failing to complete imposed sanctions.

4. Refusing to provide information at a disciplinary proceeding. Students are expected to fully cooperate with and participate in the University disciplinary system when notified. A student may choose to withhold information or testimony if the student feels information presented will lead to self-incrimination.

5. Harassing or intimidating any participant in the disciplinary process.

A. Interim Suspension:

1. In certain circumstances, the Senior Student Affairs Officer (or their designee) may impose an Interim Suspension or other restrictions before the student goes through University  disciplinary proceedings. Interim Suspension shall be enacted when the Senior Student Affairs Officer (or their designee) determines there is a reasonable basis to conclude that the
continued presence of the student at the University presents an acute and immediate threat to themselves, to others at the institution, or to University property.

2. During an Interim Suspension, the student shall be denied access to University premises (including classes) and to all University activities or privileges for which the student might otherwise be eligible.

3. It is the right of the student issued an Interim Suspension to meet with the Senior Student Affairs Officer (or their designee). This meeting must occur within two (2) working days of the student’s request to meet. The meeting should include discussion of the following issues only:

a. the reliability of the information concerning the student’s alleged misconduct, including the matter of their identity.

b. whether the alleged conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses a substantial and immediate threat to themselves, to others, or to University property.

4. The Senior Student Affairs Officer (or their designee) may affirm the Interim Suspension or lift the Interim Suspension. The student shall be notified of the decision in writing. The student will then be asked to participate in an Investigation. If applicable, the appropriate disciplinary proceeding will then be scheduled at the earliest possible time.

B. In certain circumstances, the Senior Student Affairs Officer (or their designee) may impose other interim restrictions on a student prior to the conduct of University disciplinary proceedings. Such restrictions may include, but are not limited to, a residence hall suspension, termination of housing contract, or mandated room reassignment. These restrictions shall be enacted when the Senior Student Affairs Officer (or their designee) determines there is a reasonable basis to conclude that the student presents a substantial and immediate threat to themselves, to others, or to University property if the student is allowed access to the resource being restricted.

C. Under certain circumstances when it is impossible for a student to address a disciplinary issue, and the incident in question does not require an Interim Suspension, the University may grant the student a disciplinary withdrawal. The decision to grant a disciplinary withdrawal will be made by the Senior Student Affairs Officer (or their designee), in consultation with the Chief Conduct Officer on the student’s campus. The student shall be permitted to withdraw from classes and a disciplinary hold will be placed on the student’s registration and transcript. The student will not be permitted to return to Rutgers University until the disciplinary matter has been resolved.

D. For additional relevant considerations and actions, please see University Policy 10.2.12: Safety Intervention Policy.

For all cases, except those:

(a) involving academic integrity violations

(b) subject to the Student Policy Prohibiting Sexual Harassment, Sexual Violence, Relationship Violence, Stalking and Related Misconduct

(c) occurring in RBHS

(d) involving student organizational misconduct

A. Any University community member may submit a complaint alleging a violation of the Code of Student Conduct. University community members may also submit a complaint on behalf of another person. All complaints shall be reported to the Office of Student Conduct/Community Standards.

B. During the disciplinary process, the accused student and complaint party shall be informed of their rights (as identified in Part V, “Rights of the Complaint Party and the Accused Student”) and given information about the disciplinary process.

C. Should the accused student withdraw from the University for any reason, at any time during the disciplinary process, a hold will be placed on their transcript and registration, and the student will be prohibited from graduating while the matter is pending. The student will be unable to return to the University until they have completed the disciplinary process and the matter has been resolved.

D. Once a complaint has been received, a Conduct Officer conducts an Investigation. The Investigation may include meetings with the responding student, the complaint party, witnesses, and any other involved individuals. The accused student and complaint party will be given written notice of meeting time(s), their rights and responsibilities, a list of Campus Advisors, and any other necessary information as determined by the Conduct Officer. An investigation may not require meeting with all parties; the Conduct Officer will determine what meetings are necessary. The Investigation will determine the next step of the process.

E. If the accused student fails to respond to the Office of Student Conduct/Community Standards after contact has been attempted via several modes of communication, or fails to meet with the Conduct Officer for an Investigation or Administrative Conference, the Conduct Officer will assume the student declines to participate in the process. The Conduct Officer will make a determination based on their investigation; cases involving suspension, expulsion, or loss of University housing will be referred to a University Hearing. The Conduct Officer will notify the student of the complaint, charges, finding, and sanctions, if any. Should the student disagree with the finding, they will have the right to appeal to the Campus Appeals Committee.

F. After the Investigation, one of several things may happen:

(1) The Conduct Officer has insufficient information. No charges will be brought against the accused student at this time.

(2) The parties may be able to bypass the conduct process using Alternative Resolution practices.

(3) The Conduct Officer finds enough information to send a Finding Letter.

(4) The Conduct Officer may request an Administrative Conference.

(5) Following an Administrative Conference, the accused student may be called to a University Hearing (only in cases where the recommended sanctions include suspension or expulsion from the University or loss of University housing).

1. No charges
The Conduct Officer determines that no charges should be filed, or that the complaint does not include enough information for the Conduct Officer to bring charges against the student. If new information is found, the University may reopen a case and the student may be subject to the disciplinary process.

2. Alternative Resolution Practices
The University aims to create a culture that supports and utilizes Restorative Justice Practices to address and repair harm in the community, restore wellness, and promote communication, engagement, and cooperation. The Office of Student Conduct/Community Standards offers several practices to resolve issues outside of the disciplinary process. Any University community member or group may contact the Office of Student Conduct/Community Standards to learn about available resolution options, and/or to initiate a resolution process.

For resolution options, see the Rutgers University–New Brunswick Student Conduct website.

3. Finding Letter
In certain minor cases, a Conduct Officer will have enough information to determine charges and responsibility from the complaint alone. The Conduct Officer will provide students with written notification that includes the complaint, the given charges, the finding of responsibility, and sanctions.

Should an accused student feel they received a letter in error or if they disagree with the finding and/or sanctions, they will have the opportunity to appeal to the Campus Appeals Committee. The Office of Student Conduct/Community Standards will review the case for eligibility.

4. Administrative Conference
After an investigation has been conducted, the Conduct Officer can request that the student attend an Administrative Conference. The student may choose to have a Campus Advisor and/or a support person present. The student will have the opportunity to present information, including witnesses in their defense. At this meeting, the Conduct Officer will review all available information and determine charges and sanctions, should the student be found responsible for those charges. The Conduct Officer will notify the student of the outcome of the Administrative Conference in writing.

If the sanctions do not include separation from the University or loss of housing, the Conduct Officer will issue a finding and impose sanctions. Should a student disagree with the finding and/or the sanctions, they will have opportunity to appeal to the Campus Appeals Committee.

If the Conduct Officer finds that the matter warrants separation or loss of housing, the Conduct Officer will refer the matter to a University Hearing for a determination, unless the student chooses to accept the outcome of the Administrative Conference.

5. University Hearing
Cases referred to a University Hearing will be heard by the University Hearing Board. The University Hearing Board is a formal disciplinary body comprised of two students and one faculty or staff member, overseen by a trained University community member serving as the Presiding Officer. The student may choose to have a Campus Advisor and/or a support person present. During the hearing, the complaint party will provide a narrative of what happened. Then the respondent will have the opportunity to provide their narrative of what happened. Then witnesses in support of the complaint will provide their accounts. Then the respondent can provide witnesses to support their interpretation of the incident.

The University Hearing Board will review all available information, question all parties and any witnesses, and determine responsibility and sanctions, if appropriate. Should a student disagree with the finding and/or the sanctions, they will have opportunity to appeal to the Campus Appeals Committee.

A. A student found responsible for, or who accepts responsibility for, violating University policy shall have a disciplinary file created in their name. University Records Retention Policy requires that disciplinary records be kept for ten years from the date of the letter providing notice of final disciplinary action. Disciplinary records may only be reported to third parties in accordance with University regulations and subject to the Family Educational Rights and Privacy Act of 1974.

B. A disciplinary hold may be placed on a student’s University records by the Chief Conduct Officer (or their designee) while disciplinary proceedings are pending or if sanctions are not completed by the deadline.

C. Permanent notation of disciplinary action shall be made on the transcript whenever a student is expelled, except in cases where a student has successfully petitioned for clemency and has completed their degree. Transcript notations of disciplinary action will also be made if a suspension is implemented; when the suspension has been completed, the notation will be removed.

D. At no time will the Office of Student Conduct/Community Standards provide any information that divulges to the public the name, address, or other identifying personal information of anyone involved in the disciplinary process.