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Student Conduct Structure
I. Definitions: Authority of Individuals and Groups
A. General Supervision
The Dean of Students under the direction of the Vice President for Student Affairs, will exercise general supervision of discipline functions.
B. College Disciplinary Officer (CDO)
The College Disciplinary Officer is the person designated by the Dean of Students to supervise and record college disciplinary actions, and to review and make decisions when infractions of policies have occurred. On the all-campus level, one person normally has this as a permanent responsibility; however, there are times when circumstances dictate that different individuals from the Vice President for Student Affairs staff will act in this capacity. In residence areas, The College Disciplinary Officer functions will be performed by professional staff of the residence area. The College Disciplinary Officer bringing a case before the All College Disciplinary Board (ACDB) cannot have a counseling relationship with the student charged.
C. All College Disciplinary Board (ACDB)
This body is a judicial board which considers the most serious cases of a disciplinary nature and appeals of cases heard by the CDO. The ACDB is chaired by an administrator or faculty member designated by the president of The College. The chairperson may not be selected from the Office of the Vice President for Student Affairs or Dean of Students Office, Executive Board of the Faculty Senate, Executive Board of the Staff Senate, or the Student Government Association Executive Board. The board consists of four (4) students, two (2) faculty members, and two (2) administrators. Alternates include four (4) students, two (2) faculty members, and two (2) administrators. The faculty are recommended by the Faculty Senate. Students are selected through an application and selection process administered through the Dean of Students Office, and all members of the board, including administrators, will be appointed by the president of the College and must agree to adhere to the Conduct Board Code of Ethics. Persons will not be eligible for appointment (or continuing membership, if appointed) to the ACDB, if convicted of serious offenses or offenses ordinarily referred to the ACDB. For the purpose of this description a "serious offense" is defined as an offense that carries a sanction of college probation, letter of reprimand, suspension or dismissal. In addition, persons will not be eligible if they do not meet the criteria specified in the Student Leadership Criteria.
D. Residence Judicial Appeals Board (RJAB)
This board considers only appeals of cases which occur in residence. The Residence Judicial Appeals Board (RJAB) shall consist of all resident students: six (6) regular members and from two (2) to four (4) alternates appointed through an application and selection process administered by the community development services staff. A chair is selected for each individual hearing. No current student staff member may serve as a member of the RJAB; nor may members of the SGA executive board, RHA executive staff, or Executive Board members of residence area governments. In addition, persons will not be eligible if they do not meet the criteria specified in the Student Leadership Criteria.
E. All College Academic Integrity Board
F. Quorum
1. ACDB: A quorum will consist of two (2) students, one (1) faculty, and one (1) administrator. If a board meeting is canceled for lack of a quorum (after proper notification of the meeting is sent to each board member and attendance confirmations are received), the quorum for each subsequent meeting will consist of one (1) student, one (1) faculty member, and one (1) administrator. The chairperson of the board is not included in the quorum. Decisions will be made by a simple majority of those present at the case hearing. The chairperson will vote in cases of ties only.
2. RJAB: A minimum of four (4) of the six (6) voting members must be present for a case to be heard. Decisions will be made by a simple majority of those present at the case hearing. Abstentions will not be permitted and the chairperson may vote only in cases of a tie.
G. Due Process
At The College of New Jersey, the general standard of due process is based on reasonable rules which are fairly, judiciously, and equitably applied. Due process for students appearing before the ACDB, ACAIB, or an administrative hearing officer will include the right:
1. to be presumed innocent until found responsible, by greater weight of believable evidence, for violations of community standards contained in Section VI herein;
2. to be informed of his/her rights;
3. to have written, timely, and complete notice of specific charges;
4. to seek the advice of an adviser of his/her choice from on or off campus;
5. to have a fair disposition of all matters as promptly as possible;
6. to hold complete student status pending a final adjudication of all matters - except in the case where compelling reasons exist related to the safety and well-being of the College community or to College property, or relate to the student's personal physical or emotional safety or well-being deem it appropriate to alter the status of the student until final adjudication;
7. to be informed of the maximum and minimum sanctions which may be imposed;
8. to be informed of the format and procedures of the campus judicial structure;
9. to be informed of the nature of the evidence to be presented;
10. to confront and question all parties, witnesses, and evidence, except when extraordinary circumstances make it impossible for a person to appear. This shall be determined by the CDO or the ACDB;
11. to present a factual defense through witnesses, personal testimony, and other relevant evidence;
12. to decline to testify;
13. to request attendance of witnesses;
14. to have all relevant evidence considered. Relevancy of evidence shall be determined by the chairperson of the board or the hearing officer;
15. to be informed of all decisions within a reasonable amount of time;
16. to appeal the decision and be informed of the criteria and procedures to be followed; and
17. to be exempt from repeated disciplinary proceedings on the same charge, where the issues and parties are the same.
It is not the intent of the disciplinary proceedings at TCNJ to have formal adversarial proceedings or to create an atmosphere of courtroom proceedings. The hearing involving student misconduct is one in which a discussion should take place involving all participants.
II. General Process
A. Any student, faculty, or staff member may initiate a complaint against a student by written notification to the Office of the Dean of Students. The basic facts of the complaint should be written in sufficient detail to explain the event. Once a complaint is initiated, it shall follow the procedures as outlined in The College of New Jersey Student Conduct Structure. All complaints should be submitted as soon as possible after an event takes place; preferably within thirty days.
Delayed notification impairs the ability to investigate the charges in a timely manner.
B. Upon receipt of the complaint, The College disciplinary officer will inquire as to the circumstances surrounding the event in question and if necessary, will hold an informal conference with the persons considered directly involved. At the conference, the student will be informed of the allegations in the complaint, and will be given an opportunity to present his/her version of what occurred. When requested, both parties to a complaint should be present.
1. Following the informal conference, The College disciplinary officer may exercise one of the following options:
a. dismiss the case; or
b. for minor violations, The College disciplinary officer may decide an appropriate sanction. Notification to the student will include information about the action taken, as well as the appeal procedure.
2. If no resolution can occur at the informal conference, The College disciplinary officer will inform the student(s) charged that the informal conference is over and that any further statement made by him or her will be noted for the record and may be used against him/her at future proceedings. All prior statements made at the informal hearing will not be used at further proceedings. The student(s) will be provided with a copy of the TCNJ Student Judicial Structure.
3. In more serious cases, The College disciplinary officer will refer the case to the ACDB, notify the student of the time and place of the hearing and other related information regarding rights and procedures.
III. All College Disciplinary Board
The College's policy is to have all judicial proceedings closed to the general public. Only upon signed waiver of both those being charged and those bringing charges will the hearing be opened.
A. The ACDB may hear the following types of cases:
1. Those cases in which suspension or dismissal are possible sanctions;
2. Those cases in which the charged student(s) already has a disciplinary history;
3. An appeal of an individual decision by the college disciplinary officer; or
4. An appeal of a decision rendered by the All-College Academic Integrity Board.
B. The following procedures apply to the ACDB:
1. No member of the judicial board who is otherwise interested in the particular case should sit in judgment during the proceedings.
a. Both the person charged and the person bringing the charge shall be informed of the individuals hearing the case seven calendar days prior to the actual hearing. If either feels there is potential bias or has an objection to any member of the committee, including the chairperson, he or she must submit the reasons for this objection, in writing, to the CDO, forty-eight hours before the hearing begins. The CDO will notify the challenged individual who may voluntarily step aside from the case.
b. If a challenged member of the ACDB does not voluntarily withdraw from the board, then the attending members will review the challenge and vote by a simple majority either to seat or to excuse the challenged individual. The challenged member will not be allowed to vote on his/her own seating. Once a member has been challenged and removed, there must always be a minimum of a quorum present in order for the hearing to proceed.
2. The student must be informed, in writing, of the reason(s) for the proposed disciplinary action in sufficient detail and at least fourteen calendar days prior to the hearing in order to insure opportunity to prepare for the hearing. However, the hearing may be held within the fourteen-day period upon the execution of a signed waiver by the student(s) charged.
3. The burden of proof shall rest upon the person bringing the charges.
4. A student appearing before the ACDB has the right to be assisted and accompanied by an adviser of his or her choice from on- or off-campus. A list of college faculty and staff who indicated their willingness to serve in this capacity will be available to the student who wishes to utilize a faculty or staff member as an adviser. The hearing may be postponed by the CDO in the event a legitimate reason is given by the student for not having an adviser on the scheduled hearing date. If the student takes no action to obtain an adviser within fourteen calendar days then the hearing may proceed. If the CDO does not honor the student's request to postpone the hearing, the ultimate decision resides with the ACDB. The adviser's role consists of conferring with and assisting the student. In some cases, the student may decide that the charges warrant the presence of an attorney. Although this judicial procedure is not designed to replicate a court of law, the student has the right to an adviser or attorney. In such cases, the student will be responsible for the attorney's fee. The Student Government Association may provide a list of attorneys with whom the student may wish to consult for the purpose of serving as an adviser. All parties may ask questions directly or through the chairperson as the chairperson will direct. It is the responsibility of the chair to determine that an orderly process is insured. This may include the right to close an open hearing if circumstances warrant.
5. The student shall be given an opportunity to testify and to present evidence and witnesses. Procedures used in court are not applicable in this situation. The student shall have an opportunity to hear and question witnesses. In no case will the board consider statements against the student unless the student has been advised as to their content and of the names of those who made them and unless he or she has been given an opportunity to rebut unfavorable inferences which might otherwise be drawn. All written testimonies must be submitted to the CDO no later than seven (7) days before the hearing and will be made available to respective parties no less than four (4) days prior to the hearing. If the individual has waived his/her rights to be present, the board may proceed with the hearing.
6. All matters upon which decisions are based must be introduced at the proceedings before the hearing board. No member may abstain from voting. If the board sustains the charges, the guilty party or parties will be given the opportunity to address the ACDB regarding the imposition of the sanction. The student(s) then will be given the opportunity to comment on his or her record. The hearing then will be concluded and the members of the ACDB will deliberate, in private, until a sanction is decided upon.
7. There should be a tape recording made of the hearing and a summary of the board's decision placed in the student(s) confidential folder. Regardless of whether an appeal is filed, the student will have an opportunity to place his/her own statement in his or her folder if he or she so desires. If a student is found not guilty, all records are destroyed at that time unless the student specifies otherwise at the time of the "not guilty" verdict. In this event, records will be held until the student graduates upon which time the records will be destroyed. All other disciplinary files are kept for a period of five years after the student leaves The College. All records of the hearing will be held in the custody of The College. The student and his or her adviser or attorney of record may, upon request, review the records at a time and place so designated by the individual appointed by the president as custodian of the records. The records may not be reproduced or taken from The College without specific authorization by the president of The College of New Jersey.
8. Following hearing testimony and evidence, the board shall make a report containing a discussion of the evidence presented and its findings concerning the charges made. If the board sustains the charges, its decision shall include the penalty or other action to be taken against the student. The decision of the board shall be forwarded in writing to the student and shall be binding upon him or her unless he or she appeals such decision to the president within seven (7) days of the date of notification.
IV. Sanctions
The following alternatives may be exercised when students have been found in violation of college regulations. The appended list is not to be considered inclusive or complete, and other sanctions may be imposed at the discretion of the appropriate disciplinary officer or board.
A. Sanctions
1. An official letter of reprimand or censure.
2. Disciplinary Probation: official notice that further violation of college policy will result in serious consideration being given that the individual not be permitted to continue as a student at The College of New Jersey. Also, the decision may place some additional restrictions on organizational membership or participation in activities representing The College, or establish such special restitution and service requirements as is deemed appropriate.
3. Suspension:
a. Term revocation of the privilege of attending The College and using its facilities for a certain period of time, not to exceed two (2) academic years. Students should note that after suspension, they have the option, upon a showing of sufficient evidence, to apply for re-entry.
b. Conditional entry of the students into the community will be dependent upon the fulfillment of specified requirements as stipulated by the ACDB. Subject to the fulfillment of the stipulated conditions, the suspension will be for an indefinite period of time. The Office of the Vice President for Student Life, in conjunction with ACDB requirements, will judge whether the conditions have been satisfied. Upon successful completion of the stated requirements the student is eligible to re-apply.
c. Immediate suspension when, in the judgment of the president of The College or his or her designee, a student's presence on campus constitutes a danger to the safety and well-being of the campus community or to the student's own physical or emotional safety and well-being, or if the student poses a definite threat of disruption of or interference with the normal operations of The College, an immediate suspension up to ten days may be imposed. Notification of a formal hearing before the ACDB will be made by the Vice President for Student Life within that ten-day period.
4. Dismissal: permanent expulsion from The College.
B. Requirements
Any or all of the requirements listed below may be appended to points 1 through 4 in Section A.
1. Restitution requirement, requiring individuals to restore or replace within a specified time, property which has been damaged, defaced, lost, or stolen.
2. Service assignment, which requires an individual to perform services for the community or The College.
3. Referral to appropriate psychological or psychiatric service for counseling or other special help.
4. Revocation or restriction of privileges for the use of designated college facilities or property.
V. Appeal
A. Procedures
Any student or outside person receiving a determination from either the CDO, an administrative hearing officer or the ACDB may appeal such decision by notifying the Office of the Vice President for Student Life, in writing, within seven (7) days of receipt of the decision. Notification must specify, in detail, the grounds for the appeal. If a student fails to file his or her written statement, he or she waives his or her right to appeal.
A resident student receiving a determination from a residence life judicial officer may appeal such decisions administratively or to the Residence Judicial Appeals Board by notifying the Office of Residence Life, in writing, within seventy-two hours of receipt of the decision. Notification must specify the appeal route, grounds for the appeal, and must be delivered in person to the Office of Residence Life.
All students must also make and keep an appointment with the CDO or his/her designee, or the program coordinator in the case of residence life violations, to review the request and to arrange the appropriate hearing. A student who fails to file his/her written appeal statement by the due date specified, and/or, who fails to make and keep an appointment regarding the appeal waives his/her right to an appeal.
B. Grounds for Appeals
Appeals will be arranged by the Office of the Vice President for Student Life and the student will be notified in writing of the time and place of the appeal hearing. A person shall have the right to appeal on any of the following grounds:
1. evidence of procedural irregularity;
2. evidence of mitigating circumstances (additional evidence);
3. evidence of undue severity of sanction;
4. evidence of bias on the part of the Hearing Board; and
5. evidence that the decision is arbitrary, capricious, or unreasonable and that the charges are not supported by the evidence.
C. Routes of Appeal
A student has only one guaranteed route of appeal of any disciplinary decision within the college structure. The route of that appeal depends upon where the case was heard originally.
1. A student may appeal any non-suspension decision of the CDO to his/her immediate supervisor or to the ACDB.
2. In cases where the ACDB has originally heard a case and made a determination, the president of The College or his/her designee shall have appellate jurisdiction.
3. A resident student may appeal any decision from a residence life judicial officer regarding violations of "A Guide for Residence Living," the residence life "Social Contract," or the Student Judicial Structure (Section VI. Violations of Community Standards) which relate to the student's conduct in residence, by requesting an administrative hearing or RJAB hearing. The RJAB or administrative hearing officer may sustain/overturn appeal decisions presented for its consideration including removal from residence when appropriate.
4. A student may be assisted by an adviser of his or her choice during an appeal.
5. On any appeal, the individual or board hearing the case must first determine the validity of the grounds for the appeal. If so determined, the person or board may then proceed to hear the substance of the case, if deemed relevant. The hearing officer or board may sustain the previous decision or conduct a new hearing ... the hearing process outlined in III.B.48 shall be used.
6. Once appeal procedures are in progress, the decision of the appellate person or group is final within The College structure.
7. Following the hearing of the appeal, a written copy of the decision will be sent to the parties involved by the person hearing the appeal or the chairperson of the ACDB or the RJAB within seventy-two hours of the scheduled appeal.
VI. Violations of Community Standards
Introduction
The maintenance of harmonious community standards at The College of New Jersey requires that behavior which interferes with or threatens the welfare of others or The College community be prevented. It is impossible to list all the acts that might constitute unacceptable conduct, or violations of community standards or college policies. However, any conduct deemed unacceptable by The College, including but not limited to those behaviors explicit within this section, is prohibited. It is the responsibility of each student to become familiar with these behavioral expectations.
A. Property
1. Theft of college property or property of any individual, group, or entity.
2. Possession of stolen college property or the property of any individual, group, or entity.
3. Destruction or damage of college facilities or destruction or damage to the property of any individual, group, or entity.
4. Attempting or completing entry into or use of college facilities, property, or equipment, without authorization.
5. Attempting or completing entry into or use of another person's facilities, property, or equipment without authorization.
6. Allowing other people or persons use of individually assigned college property such as residence hall rooms, keys, student ID's, and key cards.
B. Abuse/Sexual Assault/Harassment
1. Abuse--Physical and/or verbal assault or conduct that threatens or endangers the health, safety, or well being of any person or group.
2. Sexual Assault--Sexual assault includes but is not limited to rape, attempted rape, and/or inappropriate touching of another person. Rape is defined as sexual intercourse that is perpetrated against the will of the victim by a person or persons known or unknown to the victim.
3. Harassment--Physical, written, and/or verbal intimidation, invasion of privacy, and/or conduct which threatens the well being of any person or group. Examples include but are not limited to harassment based on gender, racial/ethnic background, religious beliefs, sexual orientation, and physical disability.
4. Sexual Harassment
a. Quid Pro Quo Harassment--Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission or rejection of such conduct is made a condition of academic evaluation or the conferral of any benefit. It involves an implicit or explicit threat that if the student does not accede to the sexual demands of someone in authority he or she will suffer adverse consequences.
b. Hostile Environment Harassment--Unwelcome conduct that would not have occurred but for the gender of the student or employee, that is severe or pervasive enough to make a reasonable person of the same sex believe that the conditions of the employment or student's education are altered and the academic or campus environment is hostile or abusive. The complained-of conduct need not be sexual in nature to constitute hostile environment sexual harassment.
C. Fraud/Dishonesty
1. Fraudulent or dishonest behavior, such as intentional misrepresentation or falsifying college documents, records, or identification cards.
2. Possession of fraudulent materials, falsified documents, records, or identification cards.
D. Drugs
1. Unlawful possession or distribution of drugs, narcotics, or controlled dangerous substances and/or paraphernalia containing evidence of such substance except as expressly permitted by law.
2. Illegal use of drugs, narcotics, or controlled dangerous substances.
E. Disorderly/Obscene Conduct
1. Disorderly Conduct--behavior that disrupts or interferes with the orderly functions of The College, disturbs the peace and/or comfort of others, or interferes with the performance of duties by college personnel.
2. Obscene Conduct--any lewd and/or offensive behavior likely to be observed by non-consenting persons.
F. Firearms/Weapons/Explosives
1. Unlawful or improper possession of a weapon, which is defined as any object designed or used to inflict a wound or cause injury.
2. Possession of firearms or explosives, such as fireworks or dangerous chemicals, except as authorized for use in class, in connection with college-sponsored research, or in another approved activity.
3. Improper use of a weapon.
G. Gambling
Gambling on The College of New Jersey campus as defined by state and municipal rulings as being illegal.
H. Failure to adhere to contractual obligations or other well-publicized administrative policies as follows:
1. Violating Annual Residence and Dining Agreement
2. Violating "Room Change" policies as described under that heading in the Guide to Residence Living
3. Violating "Community Contracts and Living Agreements" as described under that heading in the Guide to Residence Living
4. Violating "The Social Contract" as described under that heading in the Guide to Residence Living
5. Violating "State and Federal Laws" as described under that heading in the Guide to Residence Living
6. Violating "Health, Safety, and Security Regulations" as described under that heading in the Guide to Residence Living
7. Violating The College's "Hazing Policy" as described under that heading in the Student Handbook
8. Violating other policies as set forth in the Student Handbook
9. Violating other policies as set forth in other official college publications
I. Academic Dishonesty
Any attempt to gain academic advantage through dishonest means. See policy on academic integrity.
J. Repeated behavior
Repeated behavior which materially and substantially interferes with the operation of The College or individuals and which previously has been brought to the attention of the student, in writing by the Vice President for Student Life or his or her designee.
K. Fire and Fire Safety
1. Setting fire to or creating a fire on college-owned or operated property.
2. Lighting a candle or incense in a college residence hall or facility without express permission from the Department of Environmental Services.
3. Falsely reporting a fire, activating emergency warning equipment, failing to report the activation of a smoke detector, or intentionally communicating false information regarding the existence of explosives on college property.
4. Tampering with safety devices, such as alarm systems, fire extinguishers, exit signs, smoke/heat detectors, fire hoses, etc.
5. Failure to evacuate facilities in a timely fashion in emergency situations or in response to fire alarms, inappropriate use of the fire alarm system, and other emergency warning equipment.
6. Blocking doorways, propping fire doors, and hanging objects from any type of fire equipment/device or ceiling.
7. Possession and/or use of prohibited appliances. A detailed list of prohibited and permitted appliances in residence can be found in A Guide to Residence Living.
L. Noncompliance
1. Failure to comply with the lawful direction of an individual identified as an authorized college official or other official acting in the performance of his/her duties.
2. Aiding or assisting another to violate college policy, or acting in any way to further a violation of college policy.
M. Obstruction/Disruption
1. Obstruction or interfering with the reprimand, discipline, or apprehension of another person involved in the commission of an offense under the judicial structure or any other college rule or regulation.
2. Obstruction or disruption of teaching, research, administration, disciplinary procedure, public service functions or other college-authorized activities.
3. Noise that disrupts a student's ability to sleep or study particularly during quiet or courtesy hours in the residence halls.
N. Adverse behavior that discriminates against an individual because of race, color, religion, creed, sex, ancestry, national origin, marital status, affectional or sexual orientation, age, disability, or liability for service in the Armed Forces of the United States.
O. Violation of the Computer Access Agreement. See the Computing Access Agreement.
P. Alcohol
1. Being in the presence and/or possession of alcoholic beverages while under twenty-one years of age except as provided in The College Alcohol Policy. Possession of empty alcohol containers may be viewed as evidence of possession of alcohol.
2. Consumption, sale, and/or distribution of alcohol by or to persons under the age of twenty-one. Possession of empty alcohol containers may be viewed as evidence of consumption of alcohol.
3. Excessive use of alcohol resulting in a state of intoxication which endangers oneself or others.
4. Hosting an Event--Holding in one's residence or other campus facilities, an alcohol event that violates any of The College alcohol policies.
Q. Off-Campus Behavior--Off-campus behavior that adversely affects the interests of The College community or could injure or endanger oneself or the welfare of others as set forth in Section IV, Subsection B, under Students Rights and Freedoms.
R. Motor Vehicles--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.
S. Visitors and Guests
1. Members of The College of New Jersey are responsible for their guest's behavior should the guest violate any college policies. Residents of The College of New Jersey residence halls must escort their guests at all times while in the residence halls.
2. Failure to register a guest or guests with the security desk in residence halls after 8 p.m.
3. Failure to adhere to the "Overnight Guest Agreement" in residence halls.
T. New Jersey Criminal Statutes
1. N.J.S.A. 2C:33-4. Harassment:
Except as provided in subsection d., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
d. A person commits a crime of the fourth degree if in committing an offense under this section, he acted, at least in part, with ill will, hatred, or bias toward, and with a purpose to intimidate, an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity.
2. N.J.S.A. 2C:33-9. Desecration of venerated objects:
A person commits a disorderly persons offense if he purposely desecrates any public monument, insignia, symbol, or structure, or place of worship or burial. "Desecrate" means defacing, damaging, or polluting.
3. N.J.S.A. 2C:12-1a. Simple assault:
A person is guilty of assault if he:
a. Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another;
b. Negligently causes bodily injury to another with a deadly weapon; or
c. Attempts by physical menace to put another in fear of imminent serious bodily injury. Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent in which case it is a petty disorderly persons offense.
4. N.J.S.A. 2C:12-1e.:
A person who commits a simple assault as defined in subsection a. of this section is guilty of crime of the fourth degree if the person acted, at least in part, with ill will, hatred or bias toward, and with a purpose to intimidate, an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity.
5. N.J.S.A. 2C:25-19d.:
The Prevention of Domestic Violence Act defines a victim of domestic violence as: a person... who is eighteen years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
6. N.J.S.A. 2C:25-21a. and b. Arrest: criminal complaint; seizure of weapons:
a. When a person claims to be a victim of domestic violence, and where a law enforcement officer responding to the incident finds probable cause to believe that domestic violence has occurred, the law enforcement officer shall arrest the person who is alleged to be the person who subjected the victim to domestic violence and shall sign a criminal complaint if:
1. The victim exhibits signs of injury caused by an act of domestic violence;
2. A warrant is in effect;
3. There is probable cause to believe that the person [disobeyed a judicial order], and there is probable cause to believe that the person has been served with the order alleged to have been violated. If the victim does not have a copy of a purported order, the officer may verify the existence of an order with the appropriate law enforcement agency; or
4. There is probable cause to believe that a weapon... has been involved in the commission of an act of domestic violence.
b. A law enforcement officer may arrest a person; or may sign a criminal complaint against that person, or may do both, where there is probable cause to believe that an act of domestic violence has been committed, but where none of the conditions in subsection a. of this section applies.
VII. Academic Integrity
(See Academic Integrity Policy)
