The student conduct process shall, insofar as the setting of the University permits, strive to allow procedural fairness. The University does not have full judicial authority so far as the law is concerned and, therefore, does not intend to replicate judicial proceedings as followed in civil or criminal legal proceedings. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in student conduct proceedings. The University will, however, make every effort to protect students from arbitrary or capricious disciplinary action, to ensure fairness to all parties involved, and to achieve an informed and equitable result from the process.

Confidentiality

All meetings and all information gathered during the student conduct review process is confidential to the extent outlined by FERPA and University policy (see Privacy of Student Records) and shall not be released except with cause through the Office of the Dean or Associate Dean of Campus Life and Student Affairs. Any question of interpretation or application of the Student Conduct Policy shall be referred to the Associate Dean of Campus Life and Student Affairs, Frank Merckx, or his designee, for final determination.

Information regarding sanctions will not be released to faculty or staff except in the following circumstances:

• An educational need is identified
• Disclosure is one of the sanctions
• A student is thought to be a risk to him/herself or others

Attorneys and/or non-University advisers may not participate in, or attend, student conduct hearings. Student Conduct Board hearings and administrative meetings are separate from local, state, and federal court proceedings.

Non-Academic Discipline

stems from violations of the Student Conduct Policy and is generally under the jurisdiction of the Associate Dean of Campus Life and Student Affairs.

University Jurisdiction

The University will exercise jurisdiction over any and all offenses against the University and its community whether the offense is committed on or off campus.

Offenses against the University and the Drew Community

The following may be regarded as offenses against the University and its community, whether the offense is attempted or completed. Members of the Drew community and their guests are bound by the following rules. Sanctions may result as set forth in section G, including suspension or expulsion:

1. Behavior Disruptive to University Functions:  Obstruction or disruption of any regular or special function of the University; participation in, or encouragement of, any effort to disrupt a class; creating a public inconvenience, annoyance, or alarm; unreasonable noise.
2. Assault: The use (or threat of use) of physical force against any member of the University community; intentionally or recklessly causing physical harm to any person on the University campus or at a University sponsored activity; intentionally or recklessly causing an individual to inflict physical harm on another person or on him/herself; verbal coercion; intimidation.
3. Abuse of Self or Others: Inflicting mental or bodily harm upon any person (including one’s self); engaging in any intentional or reckless action from which mental or bodily harm could result (including one’s self); causing a person to believe that the offender may cause mental or bodily harm.
4. Sexual Assault: See the Human Rights Policy covering Sexual Misconduct and Harassment at http://www.drew.edu/wp-humanrights/human-rights-policy-procedures
5. Disorderly Conduct: Engaging in fighting or threatening, displaying violent or tumultuous behavior, or creating an unreasonably hazardous or physically dangerous condition while on the University campus or at a University-sponsored event.
6. Weapons and Explosives: The sale, purchase, possession, distribution, or use of any firearm, explosive, firecracker, incendiary materials, knives (other than pocket knives), or other weapons.
7. Alcohol Infractions: Any violation of the University’s Alcohol Policy  This includes any violation of the law concerning consumption, possession, and purchase of alcohol as mandated by the State of New Jersey.
8. Drug Infractions: The sale, purchase, possession, distribution, or use of any controlled dangerous substances and/or drug paraphernalia, as defined in the Appendix, section 11.
9. Failure to Provide Identification: Failure to produce valid identification (such as a student ID) when requested by the proper authorities.
10. Misuse of Documents: Forgery, alteration, misappropriation, or unauthorized disclosure of University documents/records, official student documents/records, or student identification cards (IDs).
11. Theft: Intentionally, carelessly, or recklessly taking, or attempting to take, or borrowing without authorization, any University property or any private property of a member of the University community. The unauthorized use of the name “Drew University” or the University seal is considered theft.
12. Damage/Vandalism: Intentionally, carelessly, or recklessly damaging or destroying any University property or any private property of a member of the Drew community.
13. Stolen Goods: The sale, distribution, or knowing purchase or possession of any property illegally obtained either on or off campus.
14. Unauthorized Entry/Trespassing: The unauthorized entry into any University-owned property or privately owned property on the University campus, either forcibly or non-forcibly; unauthorized entry into any designated restricted area; unauthorized use of keys (including electronic keys).
15. Human Rights Violations: This includes severe or pervasive verbal or physical conduct or the display or publication of words, pictures, or symbols intended to offend personally or to create an intimidating, hostile, or offensive working or educational environment for members of the other sex, other races, religions, ethnic groups, or persons of differing views or sexual orientation.
16. Interfering with Freedom of Expression: Intentionally or substantially interfering with the freedom of expression of others on the University campus or at University-sponsored activities.
17. Failure to Comply with the Directive of a University Official: To disregard or ignore the directions of University officials acting in the performance of their duties; to demonstrate disrespect through verbal or physical abuse.
18. Interfering with Fire Safety: Intentionally, carelessly, or recklessly tampering with, damaging, or misusing fire safety equipment such as, but not limited to, fire extinguishers, smoke alarms, sprinkler systems, or exit signs; unauthorized burning of any material in any University building or on or near University property; disregarding a fire alarm or refusing to evacuate a building or section of a building when a fire alarm is sounding; intentionally registering or causing to be initiated any false report, alarm, warning or threat of fire, explosion, or other emergency on the University campus or at University sponsored activities. Obstruction of fire escapes, corridors, or stairways.
19. Misuse of Computer, Network, or Telephone Equipment: Any misuse of the computing network or equipment as explained in the Academic technology Policy including the telephone network or equipment. Placing an obscene or abusive phone call is illegal and may violate federal (as well as University) regulations.
20. Hazing: Any action taken, or situation created intentionally, whether on or off campus, which produces mental or physical discomfort, embarrassment, or ridicule; where participants are endangered physically or mentally; where participants are pressured against their will to participate; where the participants are targeted based on class year or other criteria; which is a violation of the participant’s human rights; that is not in compliance with the University’s general mission, philosophy, and policies. The expressed or implied consent of the victim will not be a defense. Apathy, indifference, or acquiescence in the presence of hazing are not neutral acts, and therefore are a violation of this rule.
21. Improper Solicitation: The unauthorized sale of goods on the University campus without University-issued permission or license; the unauthorized request for donations on or off the University campus.
22. Violation of Sanctions: Knowingly violating the terms of any disciplinary sanction (such as probation) previously imposed by the University.
23. Assisting Another to Commit an Offense: Aiding, abetting, or assisting another to commit, to plan, or to attempt to commit any of the above offenses against the University community.
24. False, Vicious, Malicious Allegations: Knowingly bringing false allegations against the University or another person for any reason.
25. Providing False Information: Intentionally counterfeiting and/or misrepresenting information to the University, including incidents of fraud and embezzlement.
26. Violation of Campus Housing Regulations (Community Standards): Violations of campus housing regulations, as enumerated in the Residence Life/Rules and Regulations section of this handbook and the housing agreement, including additional regulations imposed during break housing.
27. Violation of Campus Car/Parking Regulations: Violations of the campus car/parking regulations as enumerated in the Drew University Traffic and Motor Vehicle Regulations Handbook, available online and from the Department of Public Safety.
28. Violation of Public Law: All Drew University students are bound by local, state, and federal laws. The University will not interfere with the administration of public law and, in cases that affect the Drew community, may impose sanctions even for violations that occur off campus.
29. Intimidation of Witnesses: In instances of alleged intimidation of witnesses, the Associate Dean of Campus Life and Student Affairs will investigate the allegations. All parties involved will be heard separately. If intimidation allegations are substantiated, the student(s) accused of intimidation is automatically subject to suspension or expulsion. If intimidation allegations are not substantiated, no disciplinary sanctions will be instituted.

Procedures for Student Conduct Policy Violations

1. Any member of the Drew community may allege that a student has violated University policy. Except in cases of sexual assault/misconduct and sexual harassment, the University also may choose to file allegations on behalf of another person or on its own behalf. (See the Sexual Harassment Policy for further clarification.) All allegations of violations must be submitted to the Associate Dean of Campus Life and Student Affairs. Formal allegations must be made in writing, such as a letter, email or incident report. The incident report form is available on the Residence Life Web site.
2. Under normal circumstances, the Associate Dean of Campus Life and Student Affairs shall be the primary discipline administrator. The Associate Dean will determine the appropriate follow-up based upon factors such as the nature and seriousness of the offense, whether or not it is a repeat violation, etc. In cases where the Associate Dean or designee is unable to schedule a meeting (due to a conflict of interest or other reason), the Dean of Campus Life and Student Affairs shall assume those duties.
3. If a student poses an immediate danger or threat to the health, safety, or well-being of the University community, the President or the President's designee may impose a suspension or other separation from the University with no prior notice, effective until due process is concluded.
4. A student accused of a violation will be contacted by the Associate Dean of Campus Life and Student Affairs (or designated administrator) to discuss the allegations. Lesser offenses (those which do not warrant removal from the residence halls or suspension/expulsion from the University) will be resolved in an administrative meeting.
5. Administrative Meeting. Depending on the seriousness of the offense, an administrative meeting occurs with a staff member such as an RD, the Director of Residence Life, or the Associate Dean of Campus Life and Student Affairs. The goal of an administrative meeting is to arrive at a finding of “responsible” or “not responsible,” and to assign sanctions if necessary.  Major and/or repeat offenses (those which potentially could result in removal from the residence halls or suspension/expulsion from the University) may be resolved in an administrative meeting with the Associate Dean of Campus Life and Student Affairs or in a formal Student Conduct Board hearing.
6. Student Conduct Board Hearing. The goal of a formal Student Conduct Board hearing is to determine responsibility and impose appropriate sanctions in a timely and fair manner.
7. A student charged with a serious University offense may withdraw from the University in writing, effective immediately upon receipt by the Associate Dean of Campus Life and Student Affairs, thereby forfeiting all tuition, fees, and any opportunity to enroll at a future date to the University. This option may be exercised only before an administrative meeting or Student Conduct Board hearing takes place.
8. If there is more than one allegation and the student accepts “responsibility” to one allegation but not to the other, the administrator shall determine if the case needs to be referred to the Student Conduct Board, which will follow the procedures set forth in sections E/F below.
9. Failure to Respond. Should a student fail to schedule and attend an administrative or Student Conduct Board meeting in the time designated by the Associate Dean (or designee), the student’s case will be decided in his/her absence.

Procedures for an Administrative Meeting

Students charged with a violation of the Student Conduct Policy or other University policy whom are directed to meet with a discipline administrator will receive oral or written notice of the alleged violations prior to a meeting.
The Student Conduct Administrator will meet with the student(s) to:

1. Discuss the complaint and alleged conduct.
2. Allow the student to review the complaint and present his/her understanding of the events related to the incident(s).
3. Determine an appropriate finding:
4. That it is more likely than not that the alleged misconduct did not occur and the respondent is not responsible for violating the University Student Conduct Policy, or
5. It is more likely than not that the alleged misconduct did occur and that the respondent is responsible for violating the University Student Conduct Policy, thus necessitating the imposition of sanctions as appropriate.
6. After a decision has been rendered, the respondent will receive an email or letter summarizing the outcome and sanctions as discussed in the administrative meeting. If a sanction has been imposed, it is the responsibility of the student to ensure that the Associate Dean of Campus Life and Student Affairs, or the designated administrator, is notified of the completion of the sanction. Failure to complete a sanction may result in the assessment of additional sanctions.

Procedures for a Student Conduct Board Hearing

1. A Student Conduct Board hearing committee can be convened by the Associate Dean of Student Affairs (or designee). In situations where the Associate Dean/designee is unable to convene a committee due to a conflict of interest, or any other reason, the Dean of Campus Life and Student Affairs shall assume those duties. In special circumstances, the University President may designate a convener.
2. A Student Conduct Board hearing committee is comprised of three students from the Student Conduct Board Committee and two faculty members selected according to faculty regulations. At the request of either the complainant or the accused, up to two board members may be replaced due to conflict of interest. The convener will attempt to rotate the members who serve in hearings in such fashion as to give all members an equal opportunity to participate. If a student poses an immediate danger or threat to the health, safety,or well-being of the University community, the Dean of Campus Life and Student Affairs or designee may impose a suspension or other separation from the University with no prior notice, effective until the University’s due process is concluded.
3. It is the convener’s duty to make all parties aware of how the proceedings will be conducted. The hearing committee has the following obligations to parties involved in the hearing:
   1. To provide
      1. A statement of the allegations
      2. Disclosure of the results of an investigation, if any
      3. A summary of the procedures to be followed
      4. A statement that the choice of hearing officer or convener may be challenged in writing to the Dean of Campus Life and Student Affairs within 48 hours of notification
   2. To conduct the process in a timely fashion. (In cases where incidents occur near the end of a semester, the case may need to be adjudicated at the beginning of the next semester)
   3. To notify the accused student in writing of the reasons for the proposed disciplinary action and to allow sufficient time to prepare
   4. To permit the student to be advised by someone of his/her choice from within the University community, such as the SGA Attorney General
   5. To allow the accused student to consult with an adviser during the hearing (the adviser will not take part in the proceedings)
   6. To permit the accused to speak on his/her own behalf and present evidence and witnesses. The accused may decline to answer questions
   7. To advise the accused student of all available evidence and testimony with opportunity for rebuttal
   8. To permit all accused parties to be present throughout the hearing with the opportunity to question witnesses
   9. To present all relevant evidence as determined by the Associate Dean of Student Affairs (or designee)
   10. To render a decision based solely upon the preponderance of evidence and, where applicable, determine the appropriate sanction(s), and give written notification of that decision to the accused, the Associate Dean of Campus Life and Student Affairs, and relevant University officials.
   11. To provide a tape recording of the proceedings to be kept by the Office of the Associate Dean of Campus Life and Student Affairs, use of which will normally be limited to an appeal, and destroyed after the appeal time has passed
   12. In certain cases deemed appropriate by the proper authorities, information on an offense may be disclosed to individuals or to the entire University community
   13. If an accused student, with notice, does not attend the proceeding, the information in support of the charges shall be presented and considered even though the accused student is not present
   14. The convener may accommodate concerns for personal safety, well-being, and/or fears of confrontation of the complainant, accused student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videophone, video conferencing, videotape, audio tape, written statement, or other means as determined in the sole judgment of the convener to be appropriate.

Appeals

1. The right of the accused student to an appeal of a decision (whether by an administrator or the Student Conduct Board) is guaranteed.
   Except as required to explain the basis of new information, an appeal shall be limited to a review of the verbatim record of the hearing and supporting documents. Appeals may be granted for the following reasons ONLY:
   1. Relevant new evidence or information is available because such information and/or facts were not known to the person appealing at the time of the original hearing
   2. A procedural error was made that precluded a fair and impartial hearing. Deviations from designated procedures will not be a basis for sustaining an appeal unless significant prejudice results
2. Decisions following an administrative hearing or Student Conduct Board hearing must be appealed within two (2) business days of notification of the results of such hearing. Appeals will be heard by the Dean of Campus Life and Student Affairs (or designee).

Sanctions

The University maintains the right to impose sanctions upon students found responsible for violating the Student Conduct Policy or other University policy to protect the University community.
The primary purpose of these sanctions is educational and rehabilitative. The reasons for the imposition of sanctions will be stated in the student’s file and will become a part of the student’s record. Sanctions may also be issued in abeyance, meaning that any further violation will result in the implementation of the sanction in abeyance. Prior incidents and sanctions will be disclosed to the Student Conduct Board by the convener after the board has come to a finding or responsible and may be considered.  Sanctions will increase if a student is already on probation.

1. Revocation of Admission and/or Degree:  Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation.
2. Withholding Degree: The University may withhold the awarding of a degree otherwise earned until the completion of the process set forth in the Student Conduct Policy, including the completion of all sanctions
   imposed, if any.
3. Expulsion: Unconditional separation from the University. The expelled student shall be barred from the University campus and all University sponsored activities.
4. Expulsion from the Residence Halls: Permanent separation of the student from residing in or visiting the residence halls.
5. Suspension from the University: The student is separated from the University for a specified period of time with the privilege of applying for re-entry after the period of suspension. In making a determination on the reentry application, the University will evaluate the documented (as appropriate) progress the student has made and/or any positive indication that the student is ready for re-entry. The student will be barred from campus during their time of suspension, and will be treated as a trespasser if found on campus during their period of separation.
6. Suspension from the Residence Halls: The student is required to move out of the residence halls for a specified period of time. Re-entry as a residential student must be evaluated. In making a determination on re-entry as a residential student, the University will evaluate the documented (as appropriate) progress the student has made and/or any positive indication that the student is ready to return to the residence halls. The student will be barred from being in or around campus housing during their time of suspension, and will be treated as a trespasser if found in or around campus housing during their period of separation.
7. Restriction: The student is restricted from participating in certain University events and activities or from remaining a resident on campus. The imposition of this sanction should not ordinarily have the effect of harming other students or disrupting planned activities. Restriction is imposed for a specified period of time.
8. Disciplinary Probation: The student is placed under a status whereby any further violation of University regulations is considered in the context of the original violation and with prejudice. The period of probation lasts for a specified period of time. Probationary status may impact a student’s ability to study abroad and/or to hold leadership positions in student organizations.
9. Relocation: Assignment to another residence hall or floor.
10. Warning: Written or verbal caution to the student that any repetition of the behavior will result in more severe disciplinary action, including removal from the residence halls.
11. Restitution: When property is involved, fines may be levied and/or replacement costs assessed. The imposition of this sanction does not preclude the use of other sanctions.
12. Disclosure: In certain cases deemed appropriate by the proper authorities, information on an offense may be disclosed to individuals or the entire University community.
13. Discretionary Sanctions: Educational assignments, essays, service to the community with a specified length of time, or other related discretionary assignments.
14. Written Reprimand: A written communication to the student concerning the infraction that is placed in the student’s file and may be considered should any future violation of regulations occur. The copy will be removed from the student’s file upon petition of the student after a specific period of time.