Code of Student Conduct - Article 3 - Judicial Authority

A .  Section 1.

Section 1.

Final Authority

Final authority for the discipline of students rests with the Board of Trustees, who delegated that authority through the President, Vice President for Academic Support and Student Affairs and the Faculty to the Dean of Students, the Committee on Student Conduct and the Committee on Student Appeals.  This code, as adopted by the Board of Trustees, shall take precedence over any lesser code that pertains to students.

Section 2.

Dean of Students

The Dean of Students will administer the disciplinary process under the direction of the Vice President for Academic Support and Student Affairs as delegated by the President of NJIT.

Section 3.

A. Judicial Bodies

Disciplinary hearings under this code may be held by any of the following judicial bodies:

1. Residence Life Judicial Board (described in the Residence Life Guide).

2. Interfraternity-Sorority Council Judicial Board (described in the Statement of Relationship between New Jersey Institute of Technology and Social Fraternities and Sororities).

3. Dean of Students or his/her designee.

4. Administrative Hearing Officer designated by the Dean of Students.

5. Committee on Student Conduct.

6. Committee on Student Appeals.

B. Composition of Judicial Bodies

1. Residence Life Judicial Board (described in the Residence Life Guide).

2. Interfraternity-Sorority Council Judicial Board (described in the Statement of Relationship between New Jersey Institute of Technology and Social Fraternities and Sororities).

3. Committee on Student Conduct - When a Formal Hearing is to be convened; a hearing board panel of five voting members shall be selected from among the Committee on Student Conduct.  If a full panel cannot be convened, a hearing may take place with as few as three voting panel members.  The composition of the voting panel depends on the specific number of voting panel members and is as follows:

(a) Five member voting panel: two students, two faculty members, and one university official.

(b) Four member voting panel: one to two students, one to two faculty members, and zero to one university official.

(c) Three member voting panel: one student, one to two faculty members, and zero to one university official

4. Regardless of the number of voting panel members, at least one of the student panel members shall be a graduate student if the respondent is a graduate student and at least one of the student panel members shall be an undergraduate student if the respondent is an undergraduate student.

5. If the Committee on Student Conduct is unable to meet due to the end of a term or during the summer, cases may be resolved by a subcommittee of this committee. The subcommittee shall be comprised of: two students (one undergraduate and one graduate), one faculty member, one university official and one additional member who will serve as the Chair. The committee or sub-committee hearing these cases outside of the academic semesters shall be chosen from among those members available or supplemented by appointment as specified in number 7 below.  All procedures for a full Committee on Student Conduct hearing will be followed. 

6. In addition to the voting panel members, for each Formal Hearing one member of the Committee on Student Conduct shall be selected to serve as Chair of the Formal Hearing.  The Chair shall either be a faculty member or university official.  No voting member of the hearing panel may abstain.  Decisions are based upon majority vote with the Chair voting only in instances of a tie. An independent authority with an expertise in the area of the alleged violation may be asked to interpret the details of the case (e.g. faculty member from the School of Architecture may interpret drawings and provide appropriate advice).

7. A pool for the Committee on Student Conduct shall be comprised of at least ten (10) students (Six undergraduate students appointed by the Student Senate and four graduate students appointed by the Graduate Student Association) to serve a one-year renewable term; at least six (6) faculty members appointed by the Provost and four (4) university officials appointed by the Vice President for Academic Support and Student Affairs. The faculty and staff appointments will be appointed to serve three-year terms. Members are selected on a rotational basis to serve on a particular hearing panel. Student members must be in good academic standing and have no record of violation of the Code of Student Conduct or Academic Honor Codes.  In addition to the appointed members, all students, faculty members and university officials may volunteer to serve on the Committee on Student Conduct for renewable one-year terms provided that they meet all the requirements for appointed members of the Committee.  These members may be appointed by the Dean of Students as the need arises with the concurrence of the Vice President for Academic Support and Student Affairs. In stances where the Dean of Students is unable to make such appointments for any reason, the Vice President for Academic Support and Student Affairs may make such appointments.

8. All new members of the pool for the Committee on Student Conduct shall participate in training conducted by the Dean of Students at the beginning of the academic year of appointment.

9. The Committee on Student Conduct may recommend to the appointing source impeachment of a member for neglect of duty. Such action requires a two-thirds vote of the Committee. Student member(s) subsequently found to be in violation of the Code of Student Conduct or Academic Honor Codes shall be automatically removed from the pool for the Committee on Student Conduct. The appropriate constituency shall be notified and requested to name a replacement.

C. Judicial Decisions

Decisions of a judicial body shall be final, pending the appeal process (es) as described in this Code.