New Jersey Institute of Technology has a Code of Student Conduct that contains over 9 articles. The Student Conduct Code prohibits behaviors and activities which may jeopardize the safety and wellbeing of the student body. These behaviors are listed in Article 4. Like any school, NJIT wishes only to promote a good learning environment, while protecting students. However, even with these intentions, code violations can carry very serious sanctions for students. On top of this, many students may not be familiar with NJIT's disciplinary policy, and may find themselves confused, uncertain and facing serious consequences.
The Hearing Process
NJIT's hearing process is outlined in Article 7. The disciplinary hearing process begins with the filing of a complaint or referral against a student for violating NJIT's Student Conduct Code. The incident will then be investigated by the Dean of Students or an appointed investigator, with interviews and meetings being held as necessary. The investigator will make the determination on whether or not a hearing is necessary for the behaviors exhibited. The student accused of violations will be known as the respondent during the hearing process. The respondent will receive a Notice of Charges along with the date and time of the hearing from the Committee on Student Conduct.
A respondent has the option to waive the hearing if they so desire. A waiver, however, means an admission of responsibility for the violations and an acceptances of any sanctions that may accompany it. The respondent can also elect for either a hearing before the Committee on Student Conduct or a Hearing Officer.
Informal Hearing
If the respondent elects to resolve the matter with an informal hearing, it will take places before dean of students or appointed hearing officer. Whomever oversees will handle investigative interviews and also make the final decision in the matter.
Hearing
If the respondent chooses to have their hearing before a judicial board, a more strict process will be employed. NJIT hearings are overseen by a Chair, who acts as a sort of judge for the hearing. There will be a judicial board, who will act as a jury, also known as a hearing panel. Respondents have the ability to suggest rejection of board members on the basis that they will be impartial. Respondents are welcome to the presence of an advisor at this hearing as well. An advisor (such as an attorney) can be incredibly helpful at this stage, by providing guidance on when to attempt to reject board members due to bias and preparing a student to give testimony.The hearing will begin with the Chair reading the charges to the respondent, and answering any procedural questions. It is the Chair's responsibility to ensure that proper procedure is followed.
Both parties will be given the opportunity to make opening statements. The investigator will be the one to present evidence and question witnesses against the respondent, and they will have this opportunity first. The respondent may respond with their own questions, and may present their own evidence and witnesses afterwards. After the evidence and witness presentations have concluded, both sides will have the opportunity to make closing statements, the hearing panel may ask further questions as well. After this, the hearing panel will deliberate, and deliver a decision as well as potential sanctions, based on the standard of reasonable cause to believe the code was violated. Respondents can remain at the hearing for the deliberation time, and get the decision right away, or they can wait for the official notice, which will be sent either way.
Sanctions
New Jersey Institute of Technology will impose disciplinary sanctions if an accused student is found responsible for violating the University's Code of Student Conduct. More than one of the sanctions listed below may be imposed for a violation, and the full range of sanctions is available depending on the nature and severity of the violation. Possible sanctions include:
- Warning
- Reprimand
- Disciplinary Probation
- Loss of Privileges
- Restitution
- Fines
- Change of Campus Residence
- Discretionary Sanctions
- Suspension
- Indefinite Suspension
- Expulsion
In addition to any of the above, violations of NJIT 's Academic Honor Code may result in academic sanctions as deemed appropriate.
Regretfully, some New Jersey Institute of Technology 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 NJIT 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 Institute of Technology 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. NJIT 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 Institute of Technology Student
New Jersey Institute of Technology and a student's attorney may be able to work together to achieve an agreeable resolution before Code of Student 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 NJIT, the accused student, and other involved parties, in an effort to achieve a constructive resolution. Whether before or after Code of Student 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 Institute of Technology 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 Institute of Technology in matters involving Code of Student 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 NJIT 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 Institute of Technology.
Appeals
Appeals on what violations a respondent was found to be responsible for are only subject to consideration if the respondent did not waive their hearing, however, students who waive their hearing can still appeal sanctions. NJIT Appeals can be made on the grounds that procedure was not followed properly, new information should be considered, or the information at the hearing was not sufficient to establish a violation had occurred. Appeals must be made within three business days of official hearing results notice, so time is limited.
If you or your student are currently facing disciplinary action from NJIT, you will need the help of an attorney. Contact university student defense attorney Joseph D. Lento today.
