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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 will 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; or
3. An appeal of an individual decision by the college disciplinary officer.
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 may be 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.
