Dean of Students

Code of Student Conduct - Article 4 - Prohibited Conduct

Section 1.

Guidelines

1. The university will protect the safety and wellbeing of the campus community as well as university-related facilities and property. This right includes taking disciplinary action for offenses occurring off campus when, in the determination of the judicial body, they pose a substantial danger to, or adversely affect, the university community and/or the pursuit of its objectives.

2. The university will charge and sanction any student organization or group when prohibited conduct is engaged in or related to the activities and/or interests of that organization/group, or such conduct is engaged in by a collection of individuals of the organization/group. For any given violation of this Code, action may be taken against individuals, student organizations, groups or any such combination.

3. Being under the influence of drugs and/or alcohol does not diminish or excuse a violation of the Code, and in fact, may elevate the offense(s) and result in more severe sanctions.

4. Guests must adhere to campus policies. A student whose guest(s) has (have) violated any provision of this Code shall be held responsible for such behavior, and will face appropriate disciplinary action.

5. If a violation of university rules and/or regulations, published in this or other university document or public statement, occurs which is also a violation of law, the university may take disciplinary action against student offenders. Such action is independent of and may proceed before, during or following civil or criminal action. Such actions are not subject to challenge on the basis that civil or criminal charges involving the same incident have been reduced or dismissed. Normally the university does not adjudicate violations of policy that may also be legal violations taking place off campus, unless such violations have or foreseeably pose a threat of an adverse effect on the university community and/or the pursuit of its objectives.

6. Any student who withdraws from, or fails to return to, the university while disciplinary action is pending against him/her will be ineligible for readmission unless the charges are dismissed or resolved. The university reserves the right to restrict individuals from the campus while those individuals have unresolved disciplinary charges pending.

7. Attempts to engage in acts or behaviors prohibited by this Code, or assisting others to violate this Code, shall be treated as though the behaviors were completed, and may result in the same sanctions being applied as if the acts or behaviors were completed.

Section 2.

Rules and Regulations

Any student or student organization found to have committed the following misconduct is subject to the disciplinary sanctions described in Article 5 herein. Generally, the sanction(s) imposed will fall within the range suggested in each violation stated below. However, in unusual circumstances, the judicial body may use its discretion in choosing sanctions outside these guidelines, including expulsion in severe circumstances, or in case of repeated, lesser offenses. These include, but are not limited to, the following offenses:

1. Cheating, plagiarism or other forms of academic dishonesty as described in the NJIT Academic Honor Code (Addendum A). Refer to the Academic Honor Code for sanctions.

2. Assaulting, physically abusing, threatening, harassing, stalking, bullying, intimidating, coercing or otherwise endangering the welfare of any person (including, but not limited to, acts of discrimination, sexual harassment or assault).

3. Hazing by any individual or group as defined by the New Jersey State Statute 2. c: 40.3 or by the joint definition of the Fraternity Executives Association, the National Interfraternity Conference, and the  National PanHellenic Conference (both definitions appear in the Statement of Relationship Between New Jersey Institute of Technology and Social Fraternities and Sororities).

4. Forging, altering, tampering, fabricating, or misusing any university document, record, or instrument of identification.

5. Use, possession, manufacture, distribution, or dispensing of a narcotic or other controlled dangerous substance except as expressly permitted by law. (Note: "controlled dangerous substance" is defined in N.J.S.A. 24:21-2, and includes, but is not limited to, opiates, narcotics, barbiturates, and hallucinogenic substances.)

6. Illegal or unauthorized possession of firearms, explosives, other weapons (including but not limited to knives - other than small pocket-type or table knife; compressed air, BB, pellet, and paint ball rifles or pistols); martial arts weapons; ammunition; or dangerous chemicals includes misuse of chemical agents, tools or other potentially harmful objects.

7. Violations of the Policy on the Responsible Use of Computing Resources http://www.njit.edu/policies/policy_computingresources.php.

8. Abuse of the Student Judicial System, including, but not limited to:

a. Failing to respond to notice to meet with a university official, and/or failing to appear before a judicial body either as the respondent after notice has been issued, and without legitimate excuse as determined by the hearing panel. No witness shall be found to be in violation of this Code solely because of failure to appear before a judicial body. If the respondent(s) fail to appear after proper notice, the hearing may be conducted in his/her (their) absence.

b. Falsifying, distorting, or misrepresenting information before a judicial body.

c. Disrupting or interfering with the orderly procedure of a judicial investigation or hearing.

d. Initiating a judicial proceeding knowingly without cause.

e. Attempting to discourage a person’s proper participation in, or use of, the judicial system.

f. Attempting to influence the impartiality of a member of the judicial body prior to, and/or during the proceeding.

g. Verbally or physically harassing and/or intimidating a member of the judicial body prior to, during, and/or after a hearing proceeding.

h. Failing to comply with, or obstructing the implementation of, sanctions established by a judicial body; violating the terms of disciplinary probation; violating the Code while on disciplinary probation.

i. Influencing another person to commit an abuse of the judicial system.

9. Interfering with public/personal safety of others through negligent or intentionally improper acts including, but not limited to, propping open doors which are normally locked; improperly using or damaging fire prevention/fighting equipment, intentionally sounding a false alarm; setting a fire or explosive device.

10. Violation of university policies, rules or regulations published herein or in any other university publication or posted announcement.

11. Any other conduct or action in which the university can demonstrate a clear and distinct interest and which threatens any educational process or other legitimate function of the university or the health, safety, or reasonable interests of any member of the university community.

12. Theft of, damage to and/or possession of, stolen or unauthorized personal property of any individual, the university, or of public property (including but not limited to defacing misusing, or misappropriating property).

13. Participation in a demonstration which disrupts the normal operations of the university and/or infringes on the rights of other members of the university community; unauthorized occupation of a university facility; leading or inciting others to disrupt scheduled and/or normal activities within any building or area; intentional obstruction which unreasonably interferes with freedom of movement on or off campus.

14. Violations which may result in disciplinary probation and discretionary sanctions:

15. Tampering with the electoral process of any university recognized organization.

16. Willfully furnishing false information on any matter either orally or in writing to any university official or faculty member, or intentionally causing a false report, warning or threat of fire, explosion or other emergency.

17. Disrupting, obstructing, or interfering with university functions or any university activity (including but not limited to teaching, research, administration activities, and campus functions).

18. Unauthorized entry into, use of, or misuse of university property, including data and/or voice communication networks, and facilities or property of another student or university employee. Unauthorized possession, duplication or use of keys and/or codes to any university facilities or premises.

19. Use, possession, manufacture, distribution or dispensing of alcoholic beverages (except as expressly permitted by law and university regulations); or public intoxication.

20. Disorderly, lewd, or indecent conduct; breach of peace; or aiding, abetting, or inducing another person to breach the peace on university premises or at functions sponsored, or participated in, by the university.

21. Intentionally discriminating against a person on the basis of race, color, religion, national origin, sex, age, disability, or sexual orientation, except where such distinction is required by law.

22. Failure to comply with the directives of university officials acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so.

23. Obstruction of the free flow of pedestrian or vehicular traffic on university premises or at university sponsored functions.