Students of New Jersey City University must adhere to the Code of Conduct enforced by the Office of the Dean of Students. The code sets forth a number of potential violations that students can commit. Violations of this code are reported to the Office of the Dean of Students and will be assessed one or more sanctions that are appropriate to the behavior. The code of conduct relies on promoting good community standards, and creating a safe environment for all students. When a student violates the code of conduct, they will be subject to a disciplinary process defined in the code. Students may find themselves facing sanctions such as monetary restitution to a maximum of expulsion.
The Disciplinary Process
The process begins with a written complaint, known as an Incident Report, being submitted to the Office of the Dean of Students. Whomever initiates the complaint will then serve as the complainant in all future proceedings, with the student who allegedly committed the violations as the accused. After this, both the accused and the complainant will receive a Notice of Charges. The accused must make a written response to the charges and submit it back to the Office of the Dean of Students. The Dean of Students then decides whether to dismiss the charges, or to have a hearing. When a student is charged with committing an offense, they are given either the right to a formal hearing or an informal resolution.
Informal Resolutions
An informal resolution will happen when the Dean of Students or a Presiding Officer appointed by the Dean decides to resolve the issue in the form of:
- Mediation: The complainants and the accused undergo Conflict Mediation for a resolution. This method is not used for when the accused faces expulsion or suspension as potential sanctions.
- Administrative Hearing: The Presiding Officer and/or the Dean of Students will meet with all parties, including witnesses, to reach a decision after conducting interviews. The accused will be notified of whatever decision was reached, including dismissal. An attorney is welcome to attend an administrative hearing.
Formal Hearings
New Jersey City University Formal hearings are to take place before the Hearing Board. Each Hearing Board is consisted of at least five members, and must include at least two students and two faculty, with the disparity remaining as equal as possible. The Hearing Board is to operate similar to a jury, and as such, member may be removed for any biases and replaced by another person chosen by the Dean of Students. The standard of judgement is based upon the notion of "more likely than not." Both accused and complainant will be given an opportunity to be heard. The Hearing Board will privately discuss what they heard in the hearing, and reach a decision based on whether or not the accused did, in fact, commit a violation. They may also recommend a sanction, as well. Final decisions on what sanctions and decisions have been made will be sent to the accused within 7 business days. Attorneys are also welcome to attend formal hearings, as well.
Sanctions
New Jersey City University will impose disciplinary sanctions if an accused student is found responsible for violating the University's Code of Conduct. More than one of the sanctions listed below may be imposed for any single violation, and the full range of sanctions is available depending on the nature and severity of the violation. Possible sanctions include:
- Warning
- Disciplinary Probation
- Restitution
- Suspension
- Expulsion
As appropriate, other sanctions may be imposed, instead of, or in addition to, those specified above. Possible other sanctions include:
- Community Service
- Assessment, Counseling, Mediation, and/or Treatment
- Educational Projects
Academic integrity violations may result in academic sanctions in addition to any sanctions in addition to any of the above.
Regretfully, some New Jersey City University students, despite their and their parents' best intentions, proceed with the University disciplinary process without a full understanding of the possible consequences, both immediate and long-term. Those unfamiliar with the realities of the disciplinary process often do not realize until it may be too late that New Jersey City University imposes suspensions and expulsions as a sanction more often than would be expected; even in disciplinary matters that may seem to be less serious. The stakes are very high, and some consequences are unforeseen; even sanctions lesser than suspension or expulsion can greatly jeopardize a student's academic and professional goals.
New Jersey City University sanctions for Title IX sexual misconduct violations, which include sexual harassment and sexual assault, stalking, and intimate partner violence, will always be severe, and Title IX sexual misconduct violations can have lifetime consequences. New Jersey City University will also promptly impose interim measures as deemed necessary to protect the complainant before the final outcome of a Title IX investigation and disciplinary proceeding involving Dating, Relationship or Sexual Misconduct or Violence.
Experience Matters - An Experienced Attorney's Role When Representing a New Jersey City University Student
New Jersey City University and a student's attorney may be able to work together to achieve an agreeable resolution before Code of Conduct disciplinary violations and/or academic misconduct charges are filed in certain instances. If charges have already been filed against a student, the accused student's attorney, also in certain instances, will be able to serve as an advocate between New Jersey City University, the accused student, and other involved parties, in an effort to achieve a constructive resolution. Whether before or after Code of Conduct charges and/or academic integrity charges are filed, in working towards the prospect of an agreeable resolution, the extent of an attorney's involvement will be at the discretion of New Jersey City University. Every student's case is unique; an experienced attorney will understand what the University may be receptive to, and will approach the matter accordingly.
An attorney's involvement at New Jersey City University in matters involving Code of Conduct charges and/or academic disciplinary charges should not be confused with New Jersey City University disciplinary cases involving Title IX sexual misconduct allegations. In Title IX student disciplinary proceedings, an experienced attorney must work both as the point of contact between the accused student and New Jersey City University as well as behind the scenes to defend against sexual misconduct and sexual assault allegations.
An experienced student discipline defense attorney will understand and use the most effective strategies when handling a student's case at New Jersey City University.
Appeals
If a student suffers an unfavorable or overly severe outcome, they are welcome to an appeals process for everything but mediations. New Jersey City University appeals must be made within 7 days of the notice of sanctions. The appeal letter should be in written form and directed to the Dean of Students. Key points to highlight include overly harsh sanctions, procedural errors, and the decision itself. Rulings on appeals are final, and students are only titled to one appeal. It is important to prepare an appeal as quickly as possible, as the decisions become final if the period for appellate action runs out.
If you or your student are currently facing disciplinary action from New Jersey City University, don't hesitate to protect your future. Contact university student defense attorney Joseph D. Lento today, and let us help you through this process.
