The Guide

A Message From the Department of Public Safety and Police

Please take a few moments to review the important material in this newsletter, which describes the University’s efforts in the important area of campus security and safety. Security, safety and crime are issues of concern to everyone. Despite the traditional view of the University campus as a sanctuary from the ills of the larger society, some incidence of crime on campus is an unfortunate reality about which every University has to be concerned.

The vast majority of offenses that have been reported at Kean have been directed against property rather than against people, and Kean is a safe community by any reasonable measure. We believe you will find that Kean has much to be proud of in terms of campus safety and security, that our efforts in this area are serious and ongoing, and that we consistently give crime prevention and the safety and security of every member of our community the highest priority.

The Department of Public Safety and Police exists to serve all people within its jurisdiction with respect, fairness and compassion. It is committed to the prevention of crime and the protection of life and property; the preservation of peace, order and safety; the enforcement of laws and University rules; the maintenance of a sense of security; and the safeguarding of constitutional guarantees.

The department recognizes and supports, in action and in spirit, the mission of Kean and the philosophy that community policing and service is its foundation. It is driven by the goals of enhancing the quality of life, investigating problems as well as incidents, seeking solutions and fostering a sense of security throughout the campus. The department nurtures public trust by holding its members to the highest standards of performance and ethics.

To ensure the best community policing and service to the campus community, the department commits itself to the continual review, evaluation and, if necessary, modification of existing departmental programs, operations and policies.

To fulfill its mission, the department is dedicated to providing a quality work environment and the professional development of its members through effective training and leadership.

The Department of Public Safety and Police is located in Downs Hall. The main entrance to the Police Headquarters is on the side of the building. If you have any questions or would like more information regarding campus safety, please contact the department at (908) 737-4840.

University Police Procedures and Statistics

Relationship with the Campus Student Code of Conduct System

The University cooperates with all law enforcement agencies, including its own. It seeks no special treatment, status or immunity for its students or others detected in violation of the law, on or off campus.

Someone charged with violating University policy and the law may be subject to criminal and conduct sanctions for the same misconduct. Only when the University has a need to protect its own interest as an academic community will the special authority of the University be asserted.

In such cases, the University may initiate a complaint under the University Student Code of Conduct Structure, independent of and in addition to, any criminal prosecution that may have been initiated.

Anyone who brings a crime to the attention of a University administrator should also speak with a police official. Officers have the discretion, except where limited by law, to refer petty or minor offenses for campus conduct action, instead of or in addition to, arrest and prosecution. It is the policy of the Department of Public Safety and Police to fully inform complaining community members of all of their options, through campus and off-campus enforcement entities, for dealing with offenses committed against them.

The Office of the Vice President for Student Affairs is in close contact with the Department of Public Safety and Police and the Office of Community Standards and Student Conduct. They exchange information within the parameters of federal privacy laws.

Access to Campus Facilities

Campus residence halls are open only to residents and their invited guests, university personnel and university guests. This restriction is posted, under the New Jersey trespass statutes. During evening and early morning, those who want to enter are required to present proof of residence or, if they are guests, to present identification and be signed in by a resident. Entrances to campus residence halls are equipped with card reader technology that provides access only to residents using their University identification cards.

Access policies in academic buildings during hours when classes are not in session are determined by the academic departments. Anyone in a campus building other than a residence hall, during a time when the building is not in regular use, is asked to notify the Department of Public Safety and Police of his or her presence. Certain sensitive facilities are equipped with alarm systems.

Maintenance of University Facilities

The Maintenance Department maintains the University buildings and grounds with a concern for safety and security.

It inspects campus facilities regularly, promptly makes repairs affecting safety and security, and responds immediately to reports of potential safety and security hazards, such as broken windows and locks. The campus is well-lighted, and regularly scheduled checks are conducted to ensure that lighting is adequate and properly maintained.

Authority of the University Police and Its Relationship With Other Law Enforcement Agencies

University police officers are fully trained and armed, and in accordance with the state laws under which they are appointed and commissioned, have “all powers of police and constables in criminal cases and offenses against the law,” as well as the authority to enforce the New Jersey motor vehicle laws.

The Kean University Department of Public Safety and Police works closely with the police departments of the surrounding communities and participates in mutual aid.

The current working relationship between the campus and township police departments is such that incidents occurring on the campus are handled fully by the University police unless the University police specifically requests assistance.

Primary responsibility for the investigation and prosecution of crimes on campus lies with the University police. In appropriate cases, the advice, expertise and assistance of various units of the New Jersey state police and the Division of Criminal Justice may also be used.

Monitoring and Recording Criminal Activity at Off-Campus Organizations

The University relies on its close working relationship with local law enforcement agencies to receive information about incidents involving students on campus. The Department of Public Safety/Police will actively investigate any crime information it receives concerning or involving a member of the campus community. If the University is notified of a situation in which a campus community member is a victim of a crime, the department may issue a Campus Safety Alert, detailing the incident and providing tips so that other community members may avoid similar incidents.

If the Department of Public Safety/Police is notified of crimes or other serious incidents occurring at off campus establishments or locations, they will forward any information for misconduct action to the Office of Community Standards and Student Conduct.

Campus Reporting Authorities

The Clery Act specifies that officers of the Department of Campus Police and Public Safety will serve as official campus security authorities for the purpose of reporting criminal offenses. Other officials of the University who have responsibility for campus security reporting include: officials of the institution who have significant responsibility for student and campus activities; and individuals identified by University campus security policies as the individuals to whom students and employees should report criminal offenses.

Staff within the following departments/units have been designated as campus reporting authorities: Office of the Vice President for Student Affairs, Office of Residential Student Services (including Resident Assistants and student security staff), Center for Leadership and Service (including faculty advisors to student groups), Athletics and Recreational Sports, University Center, Office of Community Standards and Student Conduct, and Health Services. Individuals affiliated with those departments are responsible for reporting crime statistics. Campus Security Reporting Forms are available from the Department of Campus Safety and Police and may be obtained from the director of each administrative unit.

Campus ministers and psychological counselors within the Office of the Kean Counseling Center are exempt from reporting criminal statistics, but are encouraged to voluntarily report non-personally identifiable statistical information for the annual crime report.

Crime Prevention Programming

Basic informational and crime prevention materials are available to incoming students and their families during the orientation process. Transfer students, graduate students, international students and those using campus facilities for summer camps and recreation also receive basic crime awareness and prevention materials.

Crime prevention materials specifically targeted to resident students are distributed by the Office of Residential Student Services each semester. Police officers make presentations to a number of sections of Transition to Kean, a course required of all first-time, full-time students.

In addition, a number of presentations are made annually to residence hall occupants. The Student Government Associations participates in an annual “Security Awareness Week,” and the Department of Public Safety and Police participates by distributing crime prevention literature, taking part in informational programs, serving on panels and arranging specialized law enforcement demonstrations.

Kean University offers the New Media Learning on-line training program for all employees. The New Media Learning program provides training on preventing sexual harassment and employment discrimination to all new employees within a reasonable period of time after the date of hire. Refresher policy training is provided to all employees, including supervisors and managers, within a reasonable period of time.

Crime Statistics

The Kean Department of Public Safety and Police has been a contributor to the state and federal Uniform Crime Reporting System since 1975. Portions of the Uniform Crime Report for the last three calendar years may be reviewed on page 13 of The Guide.

Megan’s Law and Sex Offender Notification

On October 31, 1994, Megan’s Law was passed with the intention of providing information to the public about certain sex offenders within their community. The offenders are evaluated, registered and placed into tiers. The tier designation determines the level of community notification.

The Union County Prosecutor’s Office is responsible for notifying local schools including Kean University. Implementation of the law at the University is a joint effort of the President’s Office and Campus Police. The President will meet with the University Cabinet and direct reporting staff members. The following items will be distributed to each Vice President:

  • Flyers (Only managerial and supervisory personnel are permitted to retain during the notification period).
  • Notification Letter
  • Citizen’s Guide to Megan’s Law
  • Kean University Megan’s Law Manual
  • Manager’s Notification Guide Sheet
  • Departmental Notification Lists

Each staff member on the notification list reviews the flyer and notification letter and initials his/her signature on the notification list. All signed notification lists and accompanying materials are collected and forwarded to Campus Police. Members of the Kean University community seeking information on New Jersey sex offenders who are living, working, volunteering and/or enrolled at Kean University should consult the NJ State Police web site at www.state.nj.us/njsp for the state sex offender registry.

Police and Fire Information

Important telephone numbers for the Kean University Department of Public Safety and Police

On Campus Dialing instructions

  • Police/Fire/Ambulance 9-1-1
  • Police (other than emergency) 7-4800
  • Fire Safety 7-5010
  • Administrative Offices 7-4840
  • Operations Division 7-4840
  • Crime Prevention 7-4840
  • Records Section (Lost and Found) 7-4810

These numbers may be reached from off campus by dialing 908-73 before the extension shown.

For additional information, or to make arrangements for a crime prevention presentation by a police officer for your class or campus organization, please contact the Department of Public Safety and Police at extension 7-4840.

Crime Prevention Tips

Kean is an academic community of more than 12,000 people. The campus covers more than 150 acres of land in two municipalities: Union and Hillside. As in all communities, crime is a potential threat to any member of the University community. We want to assist in helping you protect yourself and your property. To reduce vulnerability to crime, you should consistently practice preventive measures.

Be aware that you are a potential victim of crime.

Avoid the use of alcohol and other drugs

  • People under the influence are more likely to be the victim of a serious crime or accident.

Immediately notify the University police if any person(s) or activity arouses your suspicion

  • Avoid isolation.
  • After dark, walk with others.
  • Avoid isolated areas (both indoors and outdoors).
  • Use well-lighted paths.
  • Have alternate means of transportation available.
  • Do not hitchhike or pick up hitchhikers.

Keep doors and windows locked

  • Do not prop open entrance doors.
  • Lock doors to dorm rooms, apartments and offices when unoccupied or when you are alone or asleep.
  • Lock first-floor windows and security screens.
  • Do not allow strangers to enter residence buildings.
  • Report any suspicious person or activities immediately.

Do not leave property unprotected

  • In your motor vehicle and residence room, store valuables out of sight.
  • Do not leave property unattended in the library, dining halls, academic buildings, offices, etc.
  • Record the make, model and serial number of all valuables and engrave them with your driver’s license number. This will increase the chances that any items recovered can be returned to you. Personal inventory forms are available at the Department of Public Safety and Police.

Residence Hall Fire Alarm Statistics By Residence Hall

Spring 2010 - Fall 2012

Residence Halls Spring 2010 Fall 2010 Spring 2011 Fall 2011 Spring 2012 Fall 2012 Totals
Bartlett Hall (AN) 5 9 4 9 3 5 35
Burch Hall (AE) 2 5 4 3 0 8 22
Dougall Hall (DO) 1 1 1 2 1 2 8
Freshman Residence Hall (FRH) 11 15 12 14 4 13 69
Rogers Hall (AS) 1 5 2 5 3 5 21
Sozio Hall (AW) 5 2 6 6 8 1 28
Upperclass Residence Hall (URH) 12 14 17 18 13 25 99
Whiteman Hall (WH) 0 6 2 0 4 0 12
Totals 37 57 48 57 36 59  
94 105 95

2010-2012 TOTAL FIRE ALARMS, ALL RESIDENCE HALLS

294

NOTE: All eight (8) residence halls are provided with the following fire safety protection features:

  • a complete supervised sprinkler system throughout all residence halls
  • a complete supervised fire detection system throughout all residence halls
  • All furniture in the residence halls is required to have a fire resistance rating
  • Fire drills-two (2) fire drills per semester are mandated by the State of New Jersey
    • The first drill must occur within the first 10 days of the semester
    • The second semester drill must occur before dawn or after dusk
  • Kean’s fire safety policy and emergency action plan is listed on the kean web site at: http://www.kean.edu/fehs/pdf/fire_evacuation.pdf
  • The general fire safety policy lists items that are prohibited on our campus for safety reasons along with our general fire safety prevention and education programs.
  • The emergency action plan that is an integeral part of the above policy, explains our campus wide emergency evacuation procedures for all students, faculty and staff.

Residence Hall Fire Alarm Statistics By Cause

Spring 2012 - Fall 2012

Monthly Fire Alarm Stastics for Residence Halls
Fire Alarms and Cause of Alarms Bartlett Hall (AN) Burch Hall (AE) Dougall Hall (DO) Freshman Residence Hall (FRH) Rogers Hall (AS) Sozio Hall (AW) Upperclass Residence Hall (URH) Whiteman Hall (WH) Totals
Microwave/Cooking-Unattended 5 6 2   5 4 17 2 41
Steam from Shower 11     11     10   22
Aerosol Products                  
Cigarette Smoke               1 1
Malicious Alarm                  
Malfunction or Unkown Cause       2   2 5   9
Hair Care Products 1 2   3   3 4 1 14
Other 1   1 1 3   2   8
Totals 8 8 3 17 8 9 38 4 95
 

HEOA 2008 - REQUIREMENTS

 
Related Injuries - Requiring treatment at a medical facility                 0
Deaths - Related to fire                 0
Property Damaged- related to fire (property cost in the thousands)                 0
Actual Fire - within Residence Halls                 0
HEOA=Higher Education Opportunity Act  
Totals by Residence Hall 0

General Fire/Emergency Evacuation Procedures

Faculty/staff and students are to cooperate with and follow the directions of the University police and rescue personnel. Failure to cooperate may result in conduct action by the University. Failure to evacuate may result in criminal complaint or arrest. Failure to evacuate may jeopardize your life safety and the safety of others.

Before a Fire Emergency - planning

  • Keep your most important personal belongings readily accessible, especially keys to your home and vehicle, pocketbook, wallet, medications and appropriate clothing for outside assembly. You may not be able to return to the building for an extended period!
  • Know the location of the nearest available fire alarm pull stations in the building where you are located and how to activate them. Fire alarm pull stations have self-inscribed instructions.
  • Know the location of at least two of the nearest available exits from your area. Do not include elevators!
  • Do not use elevators in case of emergency they may not work!
  • Know the locations of the nearest available fire extinguishers in your area. (Note: building occupants are not required to fight fires)
  • Participate in fire drills and take them seriously.
  • Fire extinguishers; based on this emergency action plan; only certain designated Kean employees are certified/trained to use a fire extinguisher. All other occupants of the building must evacuate!
  • Be aware of persons in your area who would have difficulty evacuating due to physical limitations during an evacuation.
  • Be aware of any rooms or offices where an alarm may not be heard, including, but not limited to some bathrooms and photographic darkrooms.
  • Accountability; all classroom professors/instructors as well as administrative assistants for each and every department on campus shall be responsible for and utilize a university provided (copies available for download and printing at www.kean.edu/fehs - fire safety tab) emergency evacuation attendance roster listing all employees and classroom occupants for each day. The emergency evacuation attendance roster shall only be collected during an actual emergency.

On Discovering - Reporting a Fire

  • Preferred method of notifying occupants of a fire: If you observe fire or smoke activate the building’s fire alarm pull station. Fire alarm pull stations have self-inscribed instructions.
  • Time Permitting; recover your most important personal belongings that are readily accessible, especially keys to your home and vehicle, pocketbook, wallet, medications and appropriate clothing for outside assembly. You may not be able to return to the building!
  • If smoke is present, crawl low to the floor.
  • Go to the nearest available exit and leave the building. Use the nearest available stairways; never use elevators!
  • Preferred method of reporting fire to emergency response personnel: Call University police (ext 911 or 908-737-4800) and provide your location and a description of the fire after you have left the building. Notification: All fires should be reported to our campus police at 908-737-4800
  • Extinguisher Use - If the fire is incipient - (size of a wastebasket) and you have taken the University provided annual fire extinguisher training, use - your safety first - discretion to select the proper type of fire extinguisher. Always keep an exit at your back. Attempt to extinguish the fire only after evacuation has started and the University Police have been called. Building occupants are not required to fight fires. Your safe evacuation should come first and foremost. As such all occupants are required to evacuate!

On Hearing the Fire Alarm - Evacuating the Building

All occupants of the building must immediately evacuate the building by proceeding to the nearest available exit and assembly area.

  • Time permitting: recover your most important personal belongings that are readily accessible, especially keys to your home and vehicle, pocketbook, wallet, medications and appropriate clothing for outside assembly. You may not be able to return to the building!
  • When you leave your room, close the door.
  • If smoke is present, crawl low to the floor.
  • Alert all persons in your area as you are exiting the building.
  • Description of Audible Alarm: The alert tone throughout campus at this time is one of three types of alarms. The newest is a voice/alarm, the second and most common is a horn/strobe alarm and a few buildings still maintain a bell alarm.

If You Are Not Able to Leave - Shelter in Place

  • Feel the doorknob, with the back of your hand, before opening any door. IF IT IS HOT, DO NOT OPEN THE DOOR. If it is not hot, brace yourself behind the door and open it slightly. If heat or heavy smoke is present, close the door and stay in your room. KEEP LOW TO THE FLOOR.
  • If you cannot leave the room, seal the cracks around the door with towels or other materials. Call University Police (extension 911) and let them know your location and that you are unable to exit.
  • Open the window a few inches for fresh air and hang a white sheet or cloth out the window to alert the fire department of your location.
  • Close all other doors and windows in the vicinity of the fire.
  • Stay close to the window, holding a wet towel to your face; and do not open the windows except to alert rescue personnel by hanging a white sheet or cloth out the window.

Exiting - Evacuating the Building

  • Leave the building using the nearest available exit.
  • Do not use the elevator! It may not work in a fire emergency!
  • When using the stairwell to evacuate, stay to the right, remaining close to the wall to allow the Fire Department personnel sufficient access to get to the fire floor or location of the emergency.
  • If all exits are blocked, return to a safe location, close the door and call University police (extension 911) to report your location.
  • After leaving, move away from the building. Do not stand in the roadway! Stay a minimum of 150 feet from the building and meet at the designated assembly area for your location. See the attached Evacuation Assembly Area Map for the designated assembly area for your location. Campus police will advise if relocation is needed.
  • Re-entry: Do not re-enter the building until instructed by either the University Police or fire department officials with authority from the Incident Commander. Often the emergency response personnel silence the alarm prior to completion. A silenced alarm does not mean re-enter. Occupants will be notified to re-enter upon the fire and or police department mobile public address system.

Fire Evacuations: Occupants with Disabilities

It is required that University Police know of Faculty, Staff and student’s immobility, whether temporary or permanent. The Fire Safety Director maintains a list of immobile faculty, staff and students. The Human Resources Office and The Office of Counseling/Disabilities notify individuals of the option of being placed on the list. Self-identification is voluntary and confidential. The campus police dispatcher receives an updated list each semester of all the occupants with disabilities and the designated areas of refuge. Personnel included on the list are met in person by the Fire Safety Director and given individual guidelines to follow along with a list of all buildings and areas of refuge within each building. Prior to an emergency evacuation of any kind, a partner should be assigned or chosen to accompany and remain with the disabled occupant. Attempting to carry an immobilized person is discouraged. If a fire alarm is activated, the following procedures should be followed at all times:

  • The disabled occupant or guardian assigned to the disabled occupant should call extension 911 to notify University Police of their location. If a phone is not readily available, the disabled occupant or guardian assigned to the disabled occupant should ask a messenger to communicate their location to the University Police or The Township of Union/Hillside Fire Department.
  • Visually impaired but mobile persons should first be moved out of the rush of traffic and then promptly assisted to the nearest exit.
  • Hearing impaired but mobile persons, who may be unaware of the need to evacuate, should be calmly advised and guided to the nearest available exit.
  • Temporarily immobilized persons, including people wearing casts and/or using canes or crutches, should be assisted, depending on their ability to go up and down stairs and maneuver through doorways. Proceed into the stairwell and wait on the landing until additional help can be summoned.
  • Permanently immobilized persons who have either limited or no use of their legs and must rely on crutches, wheelchairs or walkers for transport should proceed into the nearest available safe stairwell and wait on the landing until additional help can be summoned.
  • The University Police and/or the local fire department will arrive to help complete the evacuation.

Policy on Portable Electrical Appliances, Smoking and Open Flames

  • The possession of candles, incense, hookahs, bongs and open flame devices are not permitted in any building.
  • Neon signs and string lights (e.g. holiday lights) are prohibited
  • Unauthorized modification of space and the furnishings contained within, including the installation of any air conditioners, paintings, and any personal furnishings is prohibited. Furniture such as chairs, couches, mattresses, waterbeds etc., is prohibited, other than furniture provided by the University.
  • Personal lamps including halogen lamps are not allowed
  • Electrical heat producing appliances (stoves, George Foreman grills, toaster ovens, hot plates, and portable heating units) are prohibited, including all appliances that are not UL listed and appliances that are recalled by manufacturers or government agencies.
  • Open coil appliances for heating water and beverages are prohibited
  • Electric heaters are only allowed if provided by the University
  • Smoking is not permitted within any building on campus.
  • Possession of highly flammable materials including gasoline, their containers (whether containing fuel or empty), Propane cylinders, Kerosene lamps, oil lamps, alcohol lamps, lighter fluid and other highly flammable substances
  • Power strips without an internal circuit breaker and UL (Underwriters Lab) approval are prohibited.
  • Electrical cords shall not be routed unsafely (under carpets, in pathways, through doorways, taped down etc.)
  • Extension cords and non-breaker multi-plug adapters are prohibited.
  • Plug in air fresheners are prohibited.
  • Power strips may not be used in series to gain greater length.
  • Spliced, taped or frayed cords shall not be used
  • Do not hang or attach anything to, or on, any lamp, light fixture, sprinkler head or any other fire detection and/or suppression device.
  • Anything that damages, misuses, or otherwise interferes with the ready and proper operation of any fire detection or fire suppression equipment and related signs is forbidden. This includes, but is not limited to: sprinklers, heat and smoke detectors, extinguishers, fire alarm control panels, pull stations, annunciator, emergency lighting, exit signs, emergency floor plan evacuation signs.

Resident Hall Evacuation

Resident Hall Directors are ultimately responsible for the fire evacuation procedure in their respective buildings. It is the Resident Hall Director’s responsibility to make sure that each Resident Assistant, Desk Assistant, and resident is familiar with Kean Universities General Fire Safety policy and Emergency Action Plan for his/her respective building(s). During their initial floor meeting each semester, Resident Assistants will provide fire safety information to the students who reside in their area of responsibility. If a resident has a guest in their residence hall, that resident is responsible for escorting his/her guests out of the building, in the event of an emergency evacuation. Upon fire alarm activation, Resident Hall Directors are to evacuate the building along with all the occupants and report to their designated evacuation assembly area. Once at the designated assembly area, the Resident Hall Directors are to account for their residents. Any unaccounted for occupants are to be immediately reported to the Residence Hall Director and University Police. Under no circumstance should anyone remain in the building during fire alarm activation, unless expressly instructed to do so by emergency response personnel.

Residence Hall - Occupant with Disability

Occupants with either a permanent or temporary disability should be reported to the Fire Safety Director who maintains a confidential list within our emergency dispatch center. Awareness of occupants with a disability is the key to assisting during an emergency.

Prior to an emergency evacuation of any kind, a partner should be assigned or chosen to accompany and remain with the disabled occupant.

Most enclosed staircase landings within each building are listed as an area of refuge.

In the event that an individual is unable to exit into the staircase landing, whether because of a physical impairment or due to a fire condition in the hallway, that person is to remain in his or her room and/or office and notify University Police at (908-737-4800). Important; See shelter in place guidelines listed above.

Fire Safety Education and Training - (Resident Assistants - RA)

Prior to the beginning of each fall semester the Fire Safety Director provides training and education to all Residents Assistants (RA). The RA training includes four (4) main components. (1) Fire prevention-(the RA’s role). (2) Occupant awareness – (building awareness and evacuation procedures). (3) Fire detection – (smoke detectors vs. nuisance alarms) and (4) Fire suppression – (sprinklers do’s and don’ts) within all eight residence halls.

Fire Safety Education and Training - (Campus-Wide)

At the beginning of each fall semester our campus community is provided literature on campus fire safety including emergency response protocol and procedures. This information is provided to all faculty, staff and students. In addition to this information the University provides practical and realistic building evacuation drills for each building on campus. These evacuation drills are designed to train our faculty and staff and to evaluate their efficiency and effectiveness in carrying out emergency evacuation procedures.

Our campus police assist with this orderly evacuation training of each building on campus provided by Kean’s office of fire safety. http://www.kean.edu/admin/uploads/fire_evacuationupdate_2012.pdf

Plans for Future Improvements in Fire Safety

The fire safety office is continually reviewing our campus facilities/buildings and educational/awareness programs to provide a “ built in” fire safe environment in which the faculty, staff and students are prepared/ trained and able to react, evaluate and decide on the correct action should an emergency occur.

Open Public Police Log

The Department of Public Safety/Police maintains a daily log concerning crimes reported to the Police Department. The categories contained in this log are: Crime classification; date, time and general location of the crime; and disposition of the complaint. The log is available for public inspection at the Police Department’s record bureau during normal business hours and is updated within two business days of the occurrence of the incidents. This information will appear for each crime reported unless the disclosure of such information is prohibited by law; would jeopardize the confidentiality of the victim; would jeopardize an ongoing criminal investigation; would cause a suspect to flee or evade detection; would jeopardize the safety of an individual; or would result in the destruction of evidence. The information contained in this log is additionally provided to the University’s newspaper The Tower and featured in the Police Blotter, and distributed daily via the University’s electronic mail system.

Timely Warning

The Department of Public Safety/Police will issue timely warnings to the campus community of situations that pose a potential threat to students and faculty/staff. A timely warning could be issued as a result of an event occurring on campus or surrounding public property. Timely warnings will include different amounts of information, depending on the circumstances of each incident. Most of the timely warnings will carry a crime prevention tip to help our students take preventive measures. One or more of the following mechanisms will be utilized for the timely warnings:

  • Police Blotter – University’s monthly newspaper The Tower.
  • Crime Prevention Alerts – Posted in residence halls, student organizations and appropriate building locations.
  • Crime Prevention E-mail Alerts – Immediately entered into the University’s electronic mail system.
  • Crime Prevention Fax Alerts – Immediate crime awareness information is distributed via FAX network to key faculty, staff and student organizations for dissemination.
  • Kean News – University’s internal newsletter.

The mechanisms identified above alert our University population to what is occurring on and around our campus. The information disseminated will assist the University community in identifying prevention techniques that can be utilized to avoid victimization.

In the event of a serious incident that poses an immediate threat to member of the Kean community, the University has various systems in place for communicating information quickly. Some or all of these methods of communication may be activated in the event of an immediate threat to the campus community. These methods of communication include network emails, emergency text messages that can be sent to a phone or PDA (individuals can sign up for this service on the Kean University website), and emergency messages that scroll across computer screens when logged onto the University’s website. The University will post updates during a critical incident on the University’s website at www.kean.edu. Individuals can all the University’s recorded information telephone line at (908) 737-5326 for updates.

Underage Drinking/Driving

If you are under 21 and drive with a blood alcohol concentration (BAC) of 0.01 percent or more, you will be subject to the following penalties:

  • loss or postponement of driving privileges for 30 to 90 days;
  • 15 to 30 days of community service;
  • participation in a program of alcohol education and highway safety.

To reach a BAC of 0.01 percent, you only need one alcoholic drink. If you are under 21 and drive while under the influence of alcohol and/or drugs, or with a BAC of 0.01 percent or more, you may be subject to all the penalties for driving under the influence.

Reporting Crime Statistics

To comply with “the Crime Awareness and campus security Act of 1990”, as amended by “The Jeanne Clery Disclosure of Campus Security Policy and campus Statistics Act of 1998” and the “Higher Education Amendments of 1998 and 2008”, the University on an annual basis will publish the following reported crimes which occur on campus, in or on non campus buildings or surrounding public property: murder, sex offenses (forcible and non forcible), robbery, aggravated assault, burglary, motor vehicle theft, manslaughter and arson. Additionally, the number of arrests and campus conduct action for the following offenses will be reported: liquor law violations, drug related violations, and weapons possessions.

The statistics reported have been obtained from the following sources:

  • Kean University Department of Public Safety/Police
  • Kean University Office of Residential Student Services
  • Kean University Office of the Vice President for Student Affairs
  • Kean University Campus Authority Crime Report Form
  • Union Township Police Department
  • Hillside Township Police Department
  • City of Elizabeth Police Department
  • Union County Prosecutor’s Office
  • Union County Police Department

These Offenses have been defined according to the FBI Uniform Crime Reporting/National Incident-Based Reporting Systems:

 

Murder and Non-Negligent Manslaughter

The willful (non-negligent) killing of one human being by another.

 

Negligent Manslaughter

The killing of another person through gross negligence.

 

Robbery

The taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

 

Aggravated Assault

An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

 

Burglary

The unlawful entry of a structure to commit a felony or a theft.

 

Motor Vehicle Theft

 

The theft or attempted theft of a motor vehicle.

 

Arson

Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

 

Sex Offenses Forcible

Any sexual act directed against another person, forcibly and/or against that person’s will, or not forcibly or against the person’s will where the victim is incapable of giving consent.

 

Forcible Rape

The carnal knowledge of a person, forcibly and/or against that person’s will, or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or his/her temporary or permanent mental or physical incapacity.

 

Forcible Sodomy

Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will, or not forcibly against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

 

Sexual Assault with an Object

The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and or against that person’s will, or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

 

Forcible Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will, or not against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

 

Sex Offenses – Non-forcible

Unlawful, non-forcible sexual intercourse

 

Incest

Non-forcible sexual intercourse between persons who are related to each other within degrees wherein marriage is prohibited by law.

 

Statutory Rape

Non-forcible sexual intercourse with a person who is under the statutory age of consent.

 

Hate Crimes

Any of the aforementioned offenses, and any other crime involving bodily injury reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias. Additionally, any crime listed below if there is evidence that it occurred due to the perpetrator’s bias.

 

Larceny

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

 

Simple Assault

An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

 

Intimidation

To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

 

Vandalism

To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.

 

Crime Reporting Statistics - Main Campus

January 2010 - December 2012
In Compliance with the Jeanne Clery Act

Calendar Years

2012
1/1/2012-12/31/12

2011
1/1/2011-12/31/11
2010
1/1/2010-12/31/10
Reported Criminal Offenses A B C D A B C D A B C D
Criminal Homicide 0 0 0 0 0 0 0 0 0 0 0 0
Murder/Non-Negligent Manslaughter 0 0 0 0 0 0 0 0 0 0 0 0
Negligent Manslaughter 0 0 0 0 0 0 0 0 0 0 0 0
 
Robbery 1 0 0 0 0 0 0 0 1 0 0 0
Aggravated Assault 1 0 0 0 0 0 0 0 3 0 0 1
Burglary 12 1 0 2 33 0 0 14 21 0 0 2
Motor Vehicle Theft 0 0 0 0 0 0 0 0 5 0 0 0
Arson 0 0 0 0 5 0 0 0 0 0 0 0
SEX OFFENSES A B C D A B C D A B C D

Forcible

0 0 0 0 0 0 0 0 3 0 0 3

Non-Forcible

1 0 0 0 0 0 0 0 0 0 0 0
Hate Crime 0 0 0 0 0 0 0 0 0 0 0 0
There were no hate crimes reported for 2010, 2011 and 2012.

 

Number of Arrests for the Following Crimes - Main Campus

January 2010 - December 2012
In Compliance with the Jeanne Clery Act

Calendar Years

2012
1/1/2012-12/31/12

2011
1/1/2011-12/31/11
2010
1/1/2010-12/31/10
Reported Crime or Offense A B C D A B C D A B C D
Liquor Law Violations 5 0 0 5 86 0 0 74 28 0 0 19
Drug Related Violations 9 0 3 6 18 0 0 14 20 0 5 13
Weapons Possession 0 0 0 0 2 0 0 1 4 0 0 1
Arrest statistics gathered from Kean University Public Safety and Police Department.

 

Number of Persons Referred for Campus Disciplinary Action - Main Campus

January 2010 - December 2012
In Compliance with the Jeanne Clery Act

Calendar Years

2012
1/1/2012-12/31/12

2011
1/1/2011-12/31/11
2010
1/1/2010-12/31/10
Reported Crime or Offense A B C D A B C D A B C D
Liquor Law Violations 174 0 0 162 86 0 0 84 33 0 0 23
Drug Related Violations 8 0 0 6 24+ 0 0 22+ 25+ 0 0 25+
Weapons Possession 1 0 0 1 1 0 0 1 0 0 0 0
Campus disciplinary statistics gathered from the Office of the Vice-President for Student Affairs.

 

 

Crime Reporting Statistics - Ocean Campus

January 2010 - December 2012
In Compliance with the Jeanne Clery Act

Calendar Years

2012
1/1/2012-12/31/12

2011
1/1/2011-12/31/11
2010
1/1/2010-12/31/10
Reported Criminal Offenses A B C D A B C D A B C D
Criminal Homicide 0 0 0 0 0 0 0 0 0 0 0 0
Murder/Non-Negligent Manslaughter 0 0 0 0 0 0 0 0 0 0 0 0
Negligent Manslaughter 0 0 0 0 0 0 0 0 0 0 0 0
 
Robbery 0 0 0 0 0 0 0 0 0 0 0 0
Aggravated Assault 0 0 0 0 0 0 0 0 1 0 0 1
Burglary 0 0 0 0 0 0 0 0 7 0 0 7
Motor Vehicle Theft 0 0 0 0 0 0 0 0 0 0 0 0
Arson 0 0 0 0 0 0 0 0 0 0 0 0
SEX OFFENSES A B C D A B C D A B C D

Forcible

0 0 0 0 0 0 0 0 0 0 0 0

Non-Forcible

0 0 0 0 0 0 0 0 0 0 0 0
Hate Crime 0 0 0 0 0 0 0 0 3* 0 0 3*
*Vandalism

 

Number of Arrests for the Following Crimes - Ocean Campus

January 2010 - December 2012
In Compliance with the Jeanne Clery Act

Calendar Years

2012
1/1/2012-12/31/12

2011
1/1/2011-12/31/11
2010
1/1/2010-12/31/10
Reported Crime or Offense A B C D A B C D A B C D
Liquor Law Violations 0 0 0 0 0 0 0 0 0 0 0 0
Drug Related Violations 0 0 0 0 0 0 0 0 0 0 0 0
Weapons Possession 0 0 0 0 0 0 0 0 0 0 0 0
Arrest statistics gathered from Kean University Public Safety and Police Department.

 

Number of Persons Referred for Campus Disciplinary Action - Ocean Campus

January 2010 - December 2012
In Compliance with the Jeanne Clery Act

Calendar Years

2012
1/1/2012-12/31/12

2011
1/1/2011-12/31/11
2010
1/1/2010-12/31/10
Reported Crime or Offense A B C D A B C D A B C D
Liquor Law Violations 1** 0 0 1** 0 0 0 0 0 0 0 0
Drug Related Violations 0 0 0 0 1 0 0 1 0 0 0 0
Weapons Possession 0 0 0 0 1 0 0 1 0 0 0 0

**Sent for Counseling

Campus disciplinary statistics gathered from the Office of the Vice-President for Student Affairs.

 

Key to locations of reported arrests and referrals for campus disciplinary action

A = On-Campus
B = Non-Campus Building
C = Public Property
D = In Residence Hall System

Note: ‘A’ "On-Campus" category includes all crimes reported in ‘D’ "In Residence System" category.

KEY TO LOCATIONS OF THE REPORTED CRIMINAL OFFENSES TABLE:

A = On Campus “any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and property within the same reasonably contiguous geographic area of the institution that is owned by the institution but not controlled by another person, is used by students, and supports institutional purposes.”

B = Non-campus Building “any building or property owned or controlled by a student organization recognized by the institution; and any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.”

C = Public Property “all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.”

D = In Residence System “all residence halls or other residential facilities for students on campus.”

Reporting Crimes and Emergencies

The University maintains its own police department, providing patrol and response 24 hours a day, seven days a week. Members of the University community are encouraged to report all crimes – actual, attempted or suspected – as well as any other emergency situations.

Code Blue emergency telephones have been strategically placed at 14 outdoor and 5 indoor locations throughout the campus. Use them for non-emergency and emergency situations. For non-emergencies, use the key pad to dial five-digit on-campus telephone numbers. For emergencies push the red button. The police non-emergency number is 74800. Free on-campus telephones are located in the lobbies and corridors of most campus buildings.

What to do in an Emergency

Phone Numbers

Police:

Emergencies: 911
Non emergencies: 908-737-4800

Facilities: 908-737-5000

Fire Safety: 908-737-5010

Fires

  • Activate the nearest fire alarm pull station.
  • Call Campus Police at 911 or 74800
  • Notify occupants and help those needing assistance in the immediate area.
  • Confine the fire by closing doors as you exit.
  • Evacuate the building in accordance with posted evacuation procedures.
  • Do not re-enter the building until authorized to do so by emergency personnel.

Building Evacuation Procedures

  • When the fire alarm is activated, evacuation is mandatory.
  • Do not use elevators.
  • Take personal belongings (ID, keys, purses, wallets) and dress appropriately for the weather.
  • Close doors as you exit.
  • Move all personnel to designated evacuation areas.

Suspicious Packages

  • Do not touch or disturb the object or package.
  • Evacuate the immediate area.
  • Call Campus Police at 911 or 74800.

Bomb Threats

  • Remain calm
  • Get as much information as possible from the threatening caller.
  • Call Campus Police at 911 or 74800.
  • Follow instructions of emergency personnel.

Suspicious Behavior/Persons of Concern

  • Do not physically confront the person exhibiting the behavior.
  • Do not let anyone into a locked room or building.
  • Do not block a person’s access to an exit.
  • Call Campus Police at 911 or 74800.

Active Shooters

  • If possible, exit the building immediately and call Campus Police at 911 or 74800.
  • If you cannot exit, clear the hallway immediately and/or remain behind closed doors in a locked or barricaded room, stay away from windows, remain calm and quietly call Campus Police at 911 or 74800.
  • Evacuate the room only when authorities have arrived and instructed you to so.
  • Do not leave or unlock the door to see “what is happening”.
  • Do not attempt to confront or apprehend the shooter, unless as a last resort.
  • Do not assume someone else has called Campus Police or emergency personnel.

Gas Leaks, Fumes, Vapors

If you detect natural gas, fumes or vapors;

  • Do not pull fire alarms.
  • Do not touch light switches or electrical equipment.
  • Call Campus Police at 911 or 74800.
  • Clear the area immediately if instructed to do so by the police dispatcher.
  • Provide your location and the location of the odor to the dispatcher.
  • Provide as many details as possible to the dispatcher.

Hazardous Materials Spills

  • If the incident is indoors and it is safe to do so, close all doors in order to isolate the area.
  • From a safe area call Campus Police at 911 or 74800.
  • Be prepared to provide the following information;
    • Name of the material.
    • Quantity of the material.
    • Location of the incident.
    • If anyone is injured or exposed to the material.
    • If a fire or explosive is involved.
    • Your name, phone number and location.
  • Follow instructions provided by the emergency responders.
  • Evacuate if necessary

Flooding

Flooding can occur due to major rainstorms, water main breaks or loss of power to sump pumps. In case of imminent or actual flooding;

  • If you can do so safely;
    • Secure all vital equipment, records and hazardous materials.
    • Shut off non essential electrical equipment.
    • Wait for instructions from emergency responders or the Facilities Department.
  • Move all personnel to a safe area.
  • Do not return to the area until instructed to do so by Campus Police or the Facilities Department.

Lost & Found

Items that are lost are forwarded to the Lost and Found. The Lost & Found is located in the Department of Public Safety and Campus Police, Downs Hall, x7-4880.

Campus Alert System

The University has purchased ™CampusAlert™, a notification system for Campus Crisis Management, and First Responder Communication. It is a secure, notification platform that integrates with Kean University’s existing communication infrastructure for sharing critical information. The ™CampusAlert™ system allows for the most flexible means of communicating with our students, faculty and staff. Whether your preference is a text message, email or a phone call, the system supports any of these options or all simultaneously.

Kean University will utilize this system to notify the University community of the following announcements and/or emergencies:

  • Emergency Campus Events – Alerts to students and staff of security-related incidents, utility shutdowns, weather related closures and events, and advisories as events unfold.
  • Information Technology – Provide maximum warning for service disruption and recovery.
  • First Responder Mobilization – Alerts to campus security, police, fire and emergency services automatically.

In order to take advantage of the benefits this service provides; students, faculty and staff must register by following the instructions below. All students residing in the residence halls or alternative housing are required to register for ™CampusAlert™.

Instructions

  1. Go to www.mir3.com/kean
  2. Type in your Kean University e-mail address or other e-mail address
  3. Type in a password that you will easily recall.
  4. Input your name.
  5. Providing your cell phone number and landline telephone number will generate the message to these numbers as well.

NOTE:When filling out the registration form please select “other” if your department or location is not currently listed. We are working to continually update the department and location data. Please be assured that all registered users will receive alerts regardless of department or location data at this time.

Kean University stresses that maintaining current contact information will be critical to the effectiveness of the system and urges students faculty and staff to update their contact information on a regular basis. All information is secure and will remain private.

Once you have registered you can update your contact info by following the update instructions:

Update Instructions

  1. Go to kean.mir3.com
  2. Type in your Kean University e-mail address or other e-mail address that was used to register
  3. Type in a password that you previously created.
  4. Update your contact information.
  5. Logout.

The University is committed to providing our students, staff, and faculty with services that enhance a safe and secure University community. As always, please feel free to contact the help desk at x76000 for further assistance.

Campus Living: What’s It All About?

It’s All About Community . . .

According to Millard Fuller, founder and president of Habitat for Humanity International, for a community to be whole and healthy it must be based on people’s love and concern for each other. In the residence life community, our staff serves as role models, encouraging residents to take care of one another to ensure the community remains unified and strong. Kean University’s resident population is approximately 2,015. The residential population is comprised of full-time students from diverse backgrounds and a variety of interests.

There are eight furnished residence halls that offer a variety of living arrangements including co-ed floors, single-gender floors, quiet floors and living learning communities. First-year students can enjoy two options: a suite-style living environment, with two rooms and a bathroom in the suite and an apartment style with semi-kitchen and living room area. The other residence halls house upper-class students in apartment style living arrangements. These apartments house four to six students in an environment that has a living room/semi-kitchen area, two – three bedrooms and a bathroom. The semi-kitchen areas include a full size refrigerator, countertop/sink, cabinet storage space and a microwave oven. Residents are required to purchase a meal plan that allows them to partake in the all-you-care-to-eat dining facility on campus.

It’s All About Opportunities . . .

According to the United States Achievement Academy, students who live on campus are more likely to achieve a high grade point average, more likely to complete their degree in four years, and more likely to apply for admission to graduate school. While these overall advantages are beneficial, here are some other advantages that will affect a resident’s daily living:

Accessibility – Living on campus gives residents quick and easy access to the library, classrooms, computer labs, academic and support services, and classmates. Living close means residents feel a strong connection to the University and keep informed about what’s going on.

Personal development – Living on campus gives residents freedom to make many choices. Making decisions in turn means learning to live with the consequences. Due to the nature of the living-and-learning environment in the halls, residents also enhance time management skills and explore career development, identity development, moral and spiritual development, and wellness issues.

Exploring diversity – Since the residence halls are a multicultural environment, residents learn tolerance and appreciation of individual, cultural and racial differences. Residents have an opportunity to formally and informally learn about different lifestyles. Formal programs are planned specifically for residents as well as the informal congregating of students that occurs in the halls. These interactions ultimately help enhance residents’ interpersonal skills and give them a chance to experience real-life situations in a controlled environment.

It’s All About Safety . . .

Personal

All residence hall lobbies are staffed 24 hours a day, seven days a week. Guests must be escorted by a resident at all times and must be approved for access into the halls by security staff members from 8:00 a.m. to 3:00 a.m. All guests must leave the buildings by 3 a.m. Overnight guests are permitted Wednesdays through Saturdays with consent from roommates and approval from the hall staff. Security measures are enhanced by additional camera surveillance on each floor, elevator and lobby area.

All residents can protect their personal property by keeping their doors locked, making a list of their property and not leaving property alone in crowded places (such as lobbies, hallways and lounges).

Community

Residents are encouraged to protect themselves and neighbors in the halls by doing the following:

  • Keeping lobby doors locked and refusing access to someone not carrying residence hall identification
  • Keeping room/apartment doors locked at all times
  • Alerting staff when unidentified visitors are around
  • Learning and abiding by security and guest procedures

Fire

Residence Life staff members perform mandatory fire safety training for all residents at the beginning of each semester. All residence life buildings have full sprinkler protection. In addition, all residence life buildings have a fully addressable fire alarm system with smoke detectors throughout. Fire extinguishers are located in all building hallways and stairwells. During the training, staff members teach residents how to prevent fires and how to evacuate the building.

As an extra measure of security for our community, digital video cameras have been installed in the lobby area of each residence hall. This security initiative was implemented as a means to maintain a record of behavior and/or activity that does not meet community living standards and may be in violation of New Jersey State Law, the Kean University Student Code of Conduct, and Office of Residential Student Services Handbook.

This information will remain confidential and will be utilized for investigative purposes by University officials including but not limited to Campus Police, the Office of Student Affairs, and the Office of Residential Student Services. In addition, a guest monitoring system has been installed to monitor and record guest visitation in the residence halls. Residents are able to register guests on line and recordkeeping will assist in enforcing the visitation policy. The program will promote a positive quality of life for all students.

As community members, your cooperation and assistance in this endeavor is expected and appreciated. As always, should you become aware of any suspicious persons or behavior, we ask that you contact Campus Police or the Residence Life staff.

It’s All About Learning . . .

Educational

The Office of Residential Student Services sponsors programming activities that helps to create an environment of living and learning in the residence halls. This series helps to enrich student development through monthly awareness themes and educational programs addressing contemporary issues. The monthly awareness themes are communicated on all residence hall bulletin boards, in advertisements in the hall newsletters, and in educational workshops. The themes include but are not limited to Safety Awareness, Alcohol Awareness, Health Awareness, Cultural Awareness and Sexual Awareness.

It’s All About Service …

In order to accommodate the various needs of the residential population, the residence halls offer a variety of programs and services including:

  • A 25 passenger van that frequents local food markets, department stores and train stations.
  • Internet access in each residence hall room for each student. Students can also connect to the wireless network installed in each of the residence halls. In addition, students may also use the 24 hour computer lab located in Dougall Hall.
  • Cable television system that provides approximately 150 channels.
  • Coinless laundry equipment in each residence hall.
  • Telephone system in each bedroom equipped with voicemail and caller identification services.

It’s All About Respect . . .

One of the biggest concerns residents anticipate is the relationship they will have with their new roommate(s). Open and honest communication helps maintain a positive relationship with one’s roommate(s). Residents are faced with the challenge of working on skills such as compromising, negotiating, and making adjustments that will affect other aspects of their personal and professional lives. Following is a “Roommate’s Bill of Rights,” which is made available to every resident when he or she moves into the residence halls:

A Roommate’s Bill of Rights

  • Reasonable undisturbed study time
  • Reasonable undisturbed sleep time
  • Respect for my belongings
  • A reasonably clean, healthful environment
  • Free access at all times to my building and room
  • Personal privacy
  • Guests who respect my roommate’s rights
  • Reasonable use of shared equipment, such as the telephone, lights and windows
  • Freedom from physical and emotional assault
  • Self-expression free from guilt or intimidation

It’s All About Support . . .

Qualified and experienced professional and peer staff members are hired each year to assist residents with their adjustment to on-campus community living. All residence life staff members participate in approximately 50 hours of training sessions covering human relations, substance abuse, mental health issues, crisis management, conflict mediation/resolution, fire safety, communication skills, customer service, programming and community/team building. Each residence hall is staffed by a Residence Hall Director, Resident Assistants, Student Security Staff Members, and Community Assistants.

In order to provide the most efficient service to the residents, residence life staff coverage is available in all residence halls 24 hours a day, seven days a week. Resident Assistants serve as peer mentors to the residents. These students are upper-class residents who act as liaisons between the residents and the Office of Residential Student Services.

Residence Hall Directors are full-time professional staff members with a minimum of one year of previous student affairs experience. The Residence Hall Directors are responsible for the supervision of the hall’s peer mentoring staff, as well as the maintenance and management of their respective building. Residence hall directors are student development enthusiasts and actively participate in the education of students outside of the classroom. Each Residence Hall Director’s office is located on the first floor of his or her hall’s community center.

It’s All About Getting Involved . . .

Resident Hall Council

The Resident Hall Councils are the official elected student governing body of the residence halls and were established to promote cooperation between the students and the administrative personnel regarding on-campus affairs. This is an excellent opportunity to get involved, help plan events, and develop leadership skills.

Residence Life Leadership Positions

The Office of Residential Student Services provides several leadership opportunities for students within the residence halls. These positions include Resident Assistants, Desk Managers, Desk Assistants, Community Assistants and Customer Service Representatives. Students holding these positions undergo weeks of training in preparation for the various responsibilities each position entails.

PHOTO ID CARDS

All Kean University students are required to secure and carry with them at all times a photo ID card. All students admitted to and officially registered at the University are required to obtain a card as a means of identifying oneself as a member of the Kean community. The photo ID card is multifunctional and will permit entrance into Kean University sponsored events and campus facilities. All students are required to produce the photo ID card upon the request of a University official in the performance of their duties.

University Student Code of Conduct Proceedings

I. STUDENT CODE OF CONDUCT

Kean University is committed to providing a campus environment that is conducive to academic inquiry in the university tradition. Kean is a metropolitan, comprehensive, teaching university that exists to foster inquiry and public discourse. It is also a community. At Kean, student members of the community are expected to abide by certain standards of conduct that form the basis of the Student Code of Conduct [Code] and ensure that their guests and visitors do likewise. These standards are embodied within a set of core values that include integrity, fairness, respect, community, and responsibility. When students fail to adhere to the community standards, appropriate proceedings may be initiated under the Code to address the failure and its consequences.

Definition of a Student

For the purposes of enforcing the Code, students are defined as persons who have accepted an offer of admission and who have a continuing relationship with the University, including taking courses at the University, both full-time and part-time pursuing undergraduate, graduate, professional studies, or continuing education. The Code is in effect without regard to the physical location of the course whether on the Union Campus, East Campus, or other branch campuses, at an off-campus site or on the Internet. In addition, a University-recognized student organization is defined as any group of Kean students meeting the criteria for group registration or recognition established by the Vice President for Student Affairs.

The Vice President for Student Affairs is responsible for overseeing processes related to the implementation of the Code.

II. THE STUDENT CONDUCT PROCESS UPHOLDS COMMUNITY VALUES

The student conduct process at Kean is intended to protect the interests of all members of the campus community, and appropriately address conduct not in accord with the Code. Remedies and sanctions are intended to contribute to the development of student decision-making and to help them bring their behavior into accord with community values. When a student does not conform his/her behavior to community expectations, the student may be subject to appropriate remedies and sanctions including, but not limited to, restriction or loss of the privilege of participating in this community. The student conduct process is different from criminal and civil court proceedings. Procedures and rights in student conduct proceedings are conducted with fairness to all, but do not include the same process afforded by the courts.

III. JURISDICTION OVER STUDENT CONDUCT

Students at Kean University are annually provided notification that explains how they may access the Code on the University Web site (www.kean.edu/publications/TheGuide.pdf or www.kean.edu/KU/Community-Standards-and-Student-Conduct). The printed document is also available in the Office of the Vice President for Student Affairs (Kean Hall, Room 124) and the Office of Community Standards and Student Conduct, (University Center, Room 340) Students are charged with the responsibility to read and to abide by the provisions of the Code and the authority of the student conduct process. The Code and the student conduct process apply to the conduct of individual students and University recognized student organizations. Because the Code is based on shared values, it sets a range of expectations for the Kean student no matter where or when their conduct may take place. Therefore, the Code applies to conduct that takes place on the campus, at University-sponsored events, and off campus, when the administration determines that the off campus conduct affects a substantial university interest. A substantial university interest is defined to include:

  • Constitutes a violation of local, state or federal law. Included are repeat violations of any local, state or federal law committed in the municipality where the University is located.
  • Indicates that the student may present a danger or threat to the health or safety of him/herself or others.
  • Significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder.
  • Is detrimental to the educational interests of the University.

The Code may be applied to conduct that takes place during the time a person is enrolled as a student, including during intra-semester breaks and between semesters. Further, the Code applies to guests of community members, whose hosts may be held accountable for the misconduct of their guests and to visitors to the Kean campus. Sanctions for violations by visitors and guests may include but not be limited to a warning, Campus-Wide and Residence Life No Trespass and referral to the Department of Public Safety and Police. Visitors to and guests of the University are also protected by the Code, and may initiate grievances for violations of the Code committed by members of the University community against them. The University may address misconduct that occurs prior to, but is not reported until after, the graduation of the offending student, as long as the misconduct is reported within six months of its occurrence. Otherwise, there is no time limit on reporting of violations of the Code, as long as the offending student is still enrolled at the University. Those who are aware of misconduct are encouraged to report it as quickly as possible to the Office of Community Standards and Student Conduct.

IV. VIOLATIONS OF THE LAW

Violations of federal, state and local laws are offenses under the Code even where those violations are not explicitly prohibited by this Code. Where such offenses occur off campus, the University may institute conduct proceedings that affect a substantial university interest, at the discretion of the director of Community Standards and Student Conduct. The University may institute conduct proceedings against a student charged with violation of federal, state, or local laws without regard to the existence or possibility of civil or criminal legal proceedings. It is the policy of the University typically to pursue the conduct process in a timely manner through its conduct proceedings, rather than to delay campus proceedings for external criminal and/or civil proceedings arising from the same misconduct.

V. SPECIAL PROVISIONS

  1. Attempted violations
    In most circumstances, Kean University will treat attempts to commit any of the violations listed in the Student Code of Conduct as if those attempts had been completed.
  2. College as Complainant
    As necessary, Kean University reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.
  3. False Reports
    Kean University will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.
  4. Group Violations
    When members of groups, individuals acting collusively, or members of an organization act in concert in violation of any policy, they may be held accountable as a group, and a hearing may proceed against the group as joint accused students. In any such action, however, determinations will be made with respect to the involvement of each accused individual.
  5. Immunity for Victims
    Kean University encourages the reporting of conduct code violations and crimes by victims. Sometimes, victims are hesitant to report to college officials because they fear that they themselves may be accused of policy violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to University officials. To encourage reporting, Kean University pursues a policy of offering victims of crimes and severe conduct offenses amnesty from policy violations related to the incident.
  6. Good Samaritan
    In a community, students are encouraged to help other members of the community who are in need; to be Good Samaritans. When a student has assisted an intoxicated student in procuring campus safety and/or professional medical assistance at Health Services, located in Downs Hall or any other healthcare facility, neither the intoxicated student nor the individual(s) who assist them will be subject to formal action through the college conduct process for (a) being intoxicated, or (b) having provided that person alcohol. This applies only to first-time, isolated incidents, and does not excuse or protect those who flagrantly or repeatedly violate college alcohol policies.
  7. Parental Notification
    Kean University reserves the right to notify parents/guardians of dependent students regarding any conduct situation, particularly alcohol and other drug violations. The college may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is not-dependent, Kean University will contact parents/guardians to inform them of situations in which there is a health and/or safety risk. Kean University also reserves the right to designate which college officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.
  8. Notification of Outcomes
    The outcome of a campus hearing is part of the educational record of the accused student, and is protected from release under a federal law, FERPA. However, Kean University observes the legal exceptions as follows:
    1. Complainants in sexual misconduct, sexual harassment and any other incidents falling under Title IX have an absolute right to be informed of the outcome and sanctions of the hearing, and the rationale for the decision, in writing, without condition or limitation.
    2. The college may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a college policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction. The college will also release this information to the complainant in any of these offenses regardless of the outcome.
  9. Defenses
    It has become common for students accused of policy violations to try to defend their actions with excuses, such as prescription drug interactions, self-defense, disabilities, etc. The college’s policy on defenses is clear. Defending your actions is admitting to a policy violation. “Yes, we fought, but he started it.” This still means you had a fight, and that violates our rules. You may have taken someone’s property under the influence of an anti-depressant, but you still took someone else’s property. While your defense will not excuse your actions, Kean University will take the legitimacy of your defense into consideration in addressing the proper sanction. If you were not the aggressor in a fight, you will still be sanctioned, but your sanction may be lesser than the sanction of the person who started the fight.
  10. Misconduct Online
    Students are cautioned that behavior conducted online can subject them to college conduct action, such as harassment delivered by email. Students must also be aware that blogs, webpages, Google+, Twitter, Facebook entries and similar online postings are in the public sphere, and are not private. These postings can subject a student to allegations of conduct violations, if evidence of policy violations is posted online. The college does not regularly go hunting for this information, but will take action if and when such information is brought to the attention of college officials.

VI. OFFENSES UNDER THE CODE

A. Integrity

Kean University students exemplify honesty, integrity and a respect for truth in all of their dealings. Behavior that demonstrates a lapse of integrity includes, but is not limited to:

  1. Acts of dishonesty
    1. Furnishing false information to any Kean University official, faculty member or office
    2. Forgery, alteration, or misuse of any Kean University document, record, or instrument of identification
    3. Tampering with the election of any Kean University registered student organization
    4. Causing, condoning, or encouraging the completion of any Kean University record, document or form dishonestly
    5. Initiating a false report or warning of fire, explosion, bomb threat, or other emergency
    6. Deception – to defraud, lie or scam to receive something of value or to mischaracterize so as to give a false belief or conclusion about something in a way that is harmful to another
    7. Knowingly presenting a worthless check or forging a money order in payment to Kean University or to a member of the Kean University community acting in an official capacity, or failure to make satisfactory arrangement for the settling of accounts with Kean University;
  2. Knowingly presenting a worthless check or forging a money order in payment to Kean University or to a member of the Kean University community acting in an official capacity, or failure to make satisfactory arrangement for the settling of accounts with Kean University;
  3. Violations of positions of trust or authority (i.e., student employee, student leader, student athlete, student volunteer) within the community;
  4. Misuse or unauthorized use of Kean University and/or organizational names and images; all Kean University sponsored activities must be sanctioned through appropriate administrative process; all Kean University representation must be approved by the Office of the Vice President for Student Affairs or the appropriate designee;
  5. Intentional and unauthorized taking of the property of the University or personal property of a member of the University community
    1. Knowingly possessing stolen property
    2. Selling or attempting to sell textbooks unless the seller is the owner of the textbook or has the permission of the owner to do so
    3. Taking, attempting to take, or keeping items belonging to the library or items placed in the library for display

B. Fairness

Kean University students honor fairness and strive for fairness in all their dealings and interactions.

  1. Obstruction of freedom of movement by community members or visitors
  2. Abuse, interference or failing to comply in Kean University processes including Conduct and Academic Integrity hearings;
  3. Abuse of the campus conduct system, including:
    1. Failure to attend meetings scheduled for conduct code administration purposes;
    2. Falsification, distortion, or misrepresentation of information;
    3. Failure to provide, destroying, omitting or hiding information during an investigation of an alleged policy violation;
    4. Attempting to discourage an individual’s participation in, or use of, the campus conduct system;
    5. Harassment (verbal or physical) and/or intimidation of a member of a campus conduct body prior to, during, and/or after a campus conduct proceeding;
    6. Failure to comply with the sanction(s) imposed by the campus conduct system;
    7. Failure to respect the dignity and privacy of fellow Kean community members by disclosing confidential information obtained during participation in a student conduct proceeding;
    8. Influencing or attempting to influence influence (i.e., texting, calling, email, skyping) another person to commit an abuse of the campus conduct system.

C. Community

Kean University students honor and value their community. Behavior that violates this value includes, but is not limited to:

  1. Misuse of access privileges to University premises or unauthorized entry to or use of buildings, including trespass
    1. Unauthorized or attempted entry into any building, office, construction site, or other Kean University facility
    2. Unauthorized possession, use, or duplication of keys or other methods of controlled access such as ID or access cards or key codes
  2. Damage to or littering Kean University grounds and/or properties owned or leased by registered student organizations
    1. Driving motor vehicles on lawn or grounds without permission
    2. Failure to clean up sidewalk chalk following an authorized student event
    3. Failure to maintain an organization’s facilities and/or surrounding property
    4. Vandalism, the causing of intentional damage to the property of another or to Kean University
    5. Damaging items rented, leased, or placed on the campus at the request of Kean University
  3. Substantial disruption to or unreasonable interference with University operations, teaching, research, administration, other Kean University activities, including its public service functions on or off campus, or of other authorized non-Kean University activities when the conduct occurs on Kean University or leased premises.
    1. Unruly classroom behavior that impedes instructional pedagogy
    2. Obstruction of the free flow of pedestrian or vehicular traffic on Kean University premises or at Kean University sponsored or supervised functions.
    3. Participating, leading or inciting an on-campus or off-campus demonstration, riot or activity that substantially and/or unreasonably disrupts or interferes with the normal operations of Kean University and/or infringes on the rights of other members of the Kean University community;
  4. Inappropriate use of resources as stated in Policy on Information Technology, including misuse of Kean University computing facilities, equipment, network, passwords, accounts or information. Students who connect their personal computers to the campus network will be held responsible for any violation of this policy that originates from that computer. Examples of misuse include:
    1. Use of computing facilities to send harassing or abusive messages;
    2. Use of computing facilities to interfere with the work of other community members;
    3. Unauthorized access to a file or personal or group account;
    4. Use of computing facilities to interfere with normal operation of the Kean University computer system;
    5. Anonymous or forged network news articles or E-mail messages;
    6. Disk usage over the allotted limit without prior approval;
    7. Unauthorized transfer of a file;
    8. Unauthorized use of another individual’s identification, username and password.
    9. Making copies of copyrighted computer software when no written authority to copy the software has been granted.
  5. Gambling, except as permitted by New Jersey law
  6. Possession of firearms, explosives, other weapons (including, but not limited to BB/pellet guns, slingshots, and sharp edged instruments, such as hatchets when used as weapons), or dangerous chemicals while on campus, unless properly authorized.
  7. Having animals on campus except as may be required for a class or for use as guide, support and/or therapy animals.

D. Respect

Kean University students show respect for each other, for property and for the community. Behavior that violates this value includes, but is not limited to:

  1. Threatening, intimidation, or severe verbal or physical abuse.
  2. Assault or other conduct which threatens or endangers the health or safety of any person; Any conduct which is marked by utter thoughtlessness or disregard for oneself or others and provides a substantial risk to persons or property.
  3. Bullying, defined as gestures or written, verbal, electronic, or physical acts that a reasonable person should know will cause physical and/or emotional harm of fear of harm to one or more individuals, often involving an imbalance of physical, psychological, and/or social power, occurring usually, but not necessarily, repeatedly and over time, and which is not speech or conduct protected by the first amendment.
  4. Intimidation (implied threats) or coercion (pressuring another unreasonably until an act is not truly voluntary)
  5. Discriminatory harassment, including speech, actions or conduct which have the effect of depriving a member of the community of educational or employment access, enjoyment, benefits or opportunities. Merely offensive or annoying behavior may feel like harassment, but to rise to the level of a code violation, harassment must have the potential to cause a deprivation of the civil rights of a member of a protected class.
    • Protected classes at Kean University include gender, race, color, religion, age, national origin, ethnicity, disability, veteran’s status, sexual orientation and pregnancy status.
  6. Hazing, defined as behavior that endangers the mental or physical health of a student as a condition for initial or continued affiliation with any group regardless of either the lack of intent to endanger the student or the student’s own willingness to participate. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule.
  7. Domestic Violence such as actual threat or threatened physical harm or the infliction of fear of imminent physical harm upon a family member, signification other, household member, or resident sharing a room; violence between those in an intimate relationship to each other;
  8. Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.
  9. Sexual misconduct, including
    1. sexual harassment – sex or gender-based verbal or physical conduct that unreasonably interferes with or deprives someone of educational access, benefits or opportunities
    2. non-consensual sexual contact
      • Any intentional sexual touching
      • However slight,
      • With any object
      • By a person upon another person
      • That is without consent and/or by force*
    3. non-consensual sexual intercourse
      • Any sexual intercourse (anal, oral, or vaginal)
      • However slight
      • With any object
      • By a person upon another person
      • That is without consent and/or by force*

        *Consent Defined
        Consent is informed, active and voluntary permission for specific sexual activity. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.

      • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
      • Previous relationships or prior consent cannot imply consent to future sexual acts.
    4. sexual exploitation – occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
      1. Prostituting another student
      2. Non-consensual video or audio-taping of sexual activity
      3. Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex)
      4. Engaging in Voyeurism
      5. Surreptitiously taking pictures and /or videos of another person in a gym, locker room, or restroom, residence halls, etc.
      6. Knowingly transmitting an STI or HIV to another student
  10. Lewd or obscene conduct
    1. Public urination
    2. Sexual acts performed in public
    3. Surreptitiously taking pictures and /or videos of another person in a gym, locker room, or restroom, residence halls, etc.
    4. Streaking
    5. Possession or distribution of child pornography
    6. Possession or distribution of any obscene materials, as defined by the standards of the Kean University community.
  11. Inappropriate conduct
  12. Failure to follow University special events policies and procedures for University events held on or off-campus
  13. Failure to comply with directions of University officials or law-enforcement officers during the performance of their duties and/or failure to identify oneself to these persons when requested to do so
  14. Failure or refusal to produce a University identification card upon demand by a security officer or other official of the University acting on his/her official capacity or an officer of the law
  15. Violation of any Kean University policy, rule, or regulation published in hard copy or available electronically on the Kean University website.
  16. Smoking in any University building or areas designated as non smoking within three feet of an entrance/exit location.

E. Responsibility

Kean University students are given and accept a high level of responsibility as role models. Behavior that violates this value includes, but is not limited to:

  1. Intentionally or carelessly causing a fire which damages Kean University or personal property, or which causes injury to any member of the community;
  2. Failure to follow fire safety procedures
    1. Failure to evacuate a building when the fire alarm sounds
    2. Misusing, damaging or tampering with fire safety equipment
    3. Intentionally or recklessly obstructing a fire exit in any Kean University building
  3. Action or inaction by a student which fails to discourage a known and obvious violation of Kean University policy or law; assisting in violation of Kean University policies or public laws.
  4. The knowing failure of any organized group to exercise preventive measures relative to violations of this Student Code of Conduct by members;
  5. Use, possession, manufacture, sale, purchase, transportation, distribution or being in the presence of alcoholic beverages except as expressly permitted by law and the University’s Alcohol Policy. This includes possession/consumption by those under the age of 21, providing alcohol to those under the age of 21, driving under the influence, and public intoxication by persons of any age. For the purposes of the Code, distribution is determined by the quantity of alcohol and /or means of distribution. Please see the full policy on alcohol use in The Guide.
  6. Use, possession, manufacture, sale, purchase, transportation, distribution or being in the presence of a narcotic, or other controlled dangerous substances, as well as drug paraphernalia, abuse of prescription medications and drugs, except as expressly permitted by law. For the purposes of the Code, distribution is determined by the quantity of drugs, means and materials for distribution. Please see the full policy on illicit drugs in The Guide.
  7. Abuse, misuse or distribution of prescriptions or over-the-counter medications;
  8. Operating a business. State property or facilities may not be used for personal profit, sale, and/or solicitation. Use of any facilities is prohibited unless participating in a University sanctioned event. This includes, but is not limited to, the commercialization of rooms, the use of any space for gambling or to solicit students or patrons for private businesses.
  9. Any allegation of violation of federal, state, or local laws.

VII. STUDENT CODE OF CONDUCT PROCESS AND PROCEDURES

General Process

A complaint against a student for violations of the Code may be made in writing or in person by anyone who feels the Code has been violated. A complaint should be made as soon as possible following the incident. A Complaint Form is available in the Office of Community Standards and Student Conduct and on-line at www.kean.edu/KU/Community-Standards-and-Student-Conduct. The complainant should include as much detail of the alleged violation as possible and to the degree possible include specific references to that part of the Code that pertains to the complaint.

A written complaint should include the complainant’s name, address and telephone number and as much information as is known about the person accused. If there are any witnesses, their names and addresses should also be provided if known; as much detail as possible should be provided. In exceptional circumstances, provisions may be made to protect the identity of reporters and/or witnesses upon request.

Initial Investigation

Upon receipt of a complaint or University police report, the director of the Office of Community Standards and Student Conduct will inquire as to the circumstances surrounding the event in question to determine whether there are sufficient grounds to believe that a violation of the Code occurred.

  1. The director will schedule conferences and obtain a written statement from the complainant, accused student, witnesses and/or other persons directly involved in the incident.
  2. Based upon the sufficiency of the complaint or report filed, the director or designee may investigate the circumstances surrounding the incident in question and determine whether it warrants a Student Conduct Conference, a Student Conduct Hearing, or referral to the appropriate student conduct process within the University. If the director determines the complaint does not warrant further action, the matter will be closed. Such determinations are appropriate where the complained conduct does not violate the Code, and/or when there is insufficient evidence to support a reasonable belief that the Code has been violated.
  3. Interim Suspension
    Pending the completion of the director’s investigation and subsequent hearing process, the Vice President for Student Affairs, or designee, is authorized to place an accused student on interim suspension for reasons related to his or her physical or emotional safety and well-being, to protect the integrity of the investigation and/or for reasons relating to the safety and well-being of students, faculty, staff, or University property. In some cases, the accused student may be permitted to attend classes but be suspended from all other campus activities. This determination will be made by the Vice President based upon his/her knowledge of the potential threat posed by the accused student’s presence on campus. Whenever such action is taken, a Student Conduct Hearing will be convened within ten (10) business days, unless an extension is agreed upon. The Student Conduct Hearing process is outlined below. At the time of an interim suspension, a Temporary Campus-Wide Notice of No Trespass or Temporary Residence Life Notice of No Trespass may be issued. These documents identify campus locations and events as off limits to the accused student until further notice.

    Subject to the availability of the accused student, the Vice President for Student Affairs or designee will conduct a Student Conduct Conference prior to imposing an interim suspension. If the student is not available, an interim suspension may be imposed until such time the accused student becomes available. At the Student Conduct Conference, the accused student will be given the opportunity to demonstrate to the Vice President for Student Affairs or designee a compelling reason (e.g. mistaken identity) why he/she should not be interim suspended pending a Student Conduct Hearing.
  4. No-Contact Order
    The Vice President for Student Affairs may impose a limited or campus-wide No-Contact Order on an accused student when the fear of retaliation and/or harassment may be present. Specific instructions will accompany the No-Contact Order outlining the expected behavior including face-to-face contact, correspondence, e-mail, instant message or telephone. Friends and relatives may also be prohibited from contact on behalf of the accused student.

Notification

  1. If the director of the Office of Community Standards and Student Conduct or designee determines there is reasonable cause to believe that a violation of the Code has occurred, the accused student will be notified in writing through Kean University email, within ten (10) business days of receipt of the complaint. The notification time may be longer if necessary to complete the investigation.
  2. This written notice will include:
    1. The complaint identifying sections of the Code at issue;
    2. A link to the website location of the Code and procedures applicable to the complaint;
    3. A request that the accused student provide a written explanation of the incident (if no prior statement was obtained);
    4. The date, time, and location of a Student Conduct Conference.
  3. If the respondent fails to meet with the conduct administrator after being properly notified, the case will be decided on the basis of information gathered by the conduct administrator.

Student Conduct Conference

  1. The director of the Office of Community Standards and Student Conduct or designee will conduct a Student Conduct Conference with the accused student.
  2. At the Student Conduct Conference the accused student will:
    1. Be informed of the information provided to date by the complainant and other persons;
    2. Be given an opportunity to raise questions and discuss the information;
    3. Be given the opportunity to admit the allegations and accept responsibility for the violation(s);
    4. Be given the opportunity to deny the allegations;
    5. Be informed of the process and possible remedies and sanctions that may result.
  3. As a result of the Student Conduct Conference, the director of the Office of Community Standards and Student Conduct or designee may:
    1. Dismiss the complaint;
    2. Refer the complaint to the Kean Counseling Center for appropriate follow up which may include mediation with the complainant; (not applied to sexual assaults or other acts of violence);
    3. Refer the complaint to the appropriate administrative process within the University;
    4. Resolve the complaint informally or impose a remedy and/or sanction that does not result in suspension or expulsion;
      1. If the accused student does not agree with the decision made at the Student Conduct Conference, the student has the right to appeal the decision to the next level administrator within (3) three business days of receipt of the decision letter. The appeal process will be given in writing at the time of the decision letter.
    5. Determine that a Student Conduct Hearing is appropriate.

Student Conduct Hearing

Notification of a Student Conduct Hearing will be provided by the Office of Community Standards and Student Conduct to the complainant and the accused student by email to the student’s official @kean.edu account. All such notice is presumptively delivered whether the student reads their mail/email or not, as all students are required to regularly check their email accounts. The notice will include:

  1. The name of the complainant;
  2. The nature of the complaint, including the specific code sections alleged to have been violated, applicable conduct procedures and the sanctions that may result;
  3. The time and place of the hearing. All Student Conduct Hearings will be scheduled during regular business hours. (9 a.m. – 5 p.m.);
  4. The right to have witnesses. It is the responsibility ofThe University may arrange for witnesses to be present or assign to the complainant and the accused student the responsibility to contact his/her witnesses and arrange for their participation. All student witnesses are requiredasked to complete and sign a Family Rights and Privacy Act (FERPA) consent form. No less than 48 hours prior to the hearing, Both the complainant and accused student must provide a list of witness names and a statement of their witness’ anticipated testimony if a prior statement has not been given to the ; all witnesses must be confirmed by the Office of Community Standards and Student Conduct; no later than 48 hours prior to the hearing.
  5. The right to have an advisor. (The advisor may not be a witness at the hearing or otherwise participate in the hearing.);
  6. The right to present relevant information;
  7. The names of others who will be present at the hearing (if known), including the names of the hearing officers; and a copy of the procedure for challenging any of the hearing officers on the basis of partiality
  8. Notice that a Document File compiled by the Office of Community Standards and Student Conduct with statements from the complainant, accused student and witnesses and any other documentary information will be available to the accused student, the complainant and their advisors for review at least three (3) days prior to the Student Conduct Hearing. An appointment is required to review the Document File. Copies may be made available upon specific request.

Hearing Officers

Student Conduct Hearings for violations of the Code will be conducted by a trained member(s) of the University faculty, staff, or consultant designated by the Office of Community Standards and Student Conduct.

Conduct of the Hearing

The hearing will be closed to all members of the campus and outside community except those directly involved with the complaint. The complainant and the accused student each have the right to be assisted by an advisor of their choice who is not a witness in the complaint. An advisor or legal counsel may be present to advise only and may not participate. Advisors who interfere with the proceedings can be excused by the hearing officer. An audio recording of the hearing is made and kept by the Office of Community Standards and Student Conduct.

Only persons involved in the hearing process will be permitted in the vicinity of the hearing.

It is expected that participants and advisors will respect the dignity and privacy of Kean community members and keep private that which transpires during the hearing, in accordance with federal law.

Student witnesses, when called by the University on behalf of the complainant, the accused student, or the University, are required to participate in the hearing process.

The hearing process will be conducted in the following manner:

  1. All participants and advisors will be introduced to the hearing officer.
  2. All participants and advisors will be introduced to the audio technician.
  3. The hearing officer will recite the complaint against the student and all code sections alleged to have been violated.
  4. The accused student will state whether he/she is responsible, not responsible, or responsible with an explanation for the alleged misconduct. Responsible with an explanation means the student admits to the actions, but believes there were circumstances that should be taken into consideration by the hearing officer in the determination of this complaint.
  5. Statements regarding their respective positions may be given by the complainant and the accused student. The Hearing Officer may place reasonable time limitations on the statements.
  6. The University reserves the right to assign a representative of the Office of Community Standards and Student Conduct to present the complaint.
  7. Relevant records, documents, and written statements may be accepted and considered by the hearing officer.
  8. The complainant and the accused student may be present throughout the entirety of the proceeding, except for the deliberation phase. The complainant, the accused student and the Office of Community Standards and Student Conduct representative will be able to present witnesses, who will be subject to questioning. Witnesses will be asked to remain until the end of the hearing in the event they must be called back for clarification of their testimony. In the event that a witness is unavailable, a signed statement from the witness may be admitted. Any such statements will be shared with the parties prior to the hearing, and the accused student will be given full opportunity to respond to the written statement at the hearing.
  9. Witnesses will appear separately and will leave the hearing room after their testimony is completed. Witnesses are not permitted to leave the vicinity of the hearing room until permission has been granted by the hearing officer, and are instructed not to communicate with other witnesses outside the hearing during the proceedings.
  10. All parties may question each other and the witnesses, and the hearing officer may direct questions as appropriate to any participant. or require that all questions go through the hearing officer. Other accommodations may be utilized to ensure the hearing is a safe space for participants. The complainant and the accused student may present concluding remarks. The Hearing Officer may place reasonable time limitations on the statements.
  11. At the conclusion of the hearing the hearing officer will advise the complainant and the accused student that his/her determination will be given, in writing, to the appropriate parties.
  12. The accused student’s prior student conduct record will be a factor in determining the appropriate sanction(s).
  13. The complainant will not be notified of the outcome of the hearing EXCEPT in cases of violence or, sexual misconduct or that fall under Title IX, once the decision of the hearing officer has been issued.
  14. For each separate offense, the hearing officer will determine whether the accused student is responsible or not responsible. The decision will be based upon an evaluation of the information presented and a determination as to whether the Code was more likely than not to have been violated. For each violation, the hearing officer will impose an appropriate remedy and/or sanction.
  15. The rules of evidence applicable to the courts do not apply to Code proceedings of this University community. Fair process applicable to this process is as defined in these procedures.
  16. The Director of Community Standards and Student Conduct or designee may implement changes to these proceedings as needed that do not jeopardize the material fairness owed to the parties to any complaint.

Remedies and Sanctions

  1. The following remedies and sanctions may be imposed when accused students have been found responsible for violation of the Code. In addition, other remedies and sanctions may be fashioned at the discretion of the hearing officer:
    1. Written Warning to the offender that the conduct must stop and any continuation may be a basis for more severe action.
    2. Letter of Reprimand.
    3. Probation – Notice that further violation of the Code may result in expulsion. Also, the decision may place some additional restrictions on membership in student organizations and/or participation in activities or may establish special restitution and service requirements.
    4. Suspension:
      1. Specific Period – Revocation of the privilege of attending the University and using its facilities for a specific period not to exceed two academic years.
      2. Indefinite Period – Revocation of the privilege of attending the University and using the facilities pending the satisfying of specific conditions. The Vice President for Student Affairs will determine whether the conditions have been satisfied.
    5. Residence Hall Suspension - Revocation or restriction of privileges for the use of, access to and/or residence in University Residence Halls
    6. Facilities Restriction -- Revocation or restriction of privileges for the use of some but not all University facilities
    7. Expulsion – Permanent termination of student status and rights to be present on University property and attend/participate in University-sponsored events
    8. Referral to civil or criminal authorities
    9. Any of the following may accompany a remedy and sanction.

    10. Restitution requiring individuals to restore or replace within a specified time, property which has been damaged, defaced, lost or stolen.
    11. Service assignment requiring an individual to perform services for the community or the University
    12. Referral to appropriate psychological or psychiatric service for evaluation, mandated assessment, or other special help.
    13. Fines for drug and alcohol violations as outlined in The Guide at www.kean.edu/publications/TheGuide.pdf.
    14. A Campus-Wide Notice of No Trespass will accompany a sanction of suspension or expulsion from the University.
    15. A Residence Life Notice of No Trespass will accompany any restriction imposed or related to residential living or visitation of the residence halls.
    16. Campus-Wide No Contact Order: The vice presidentVice President of Student Affairs may impose a Campus Wide No-Contact Order between parties to a complaintto an accused student when the fear of retaliation and/or harassment may be present. Specific instructions will accompany the Campus-Wide No-Contact Order outlining to all parties the expected behavior including face to face contact, correspondence, e-mail, instant message or telephone. Friends and relatives are also not permitted to have any contact on behalf of either party.
  2. Underage students found in violation of the University’s Alcohol Policy and/or sanctioned for the possession or distribution of illegal drugs will be subject to the University parental notification policy. (See FERPA Policies and Procedures in The Guide). In addition, Kean University reserves the right, in accordance with the Family Education Rights and Privacy Act of 1974 (FERPA), to make public notification of the final results of certain student conduct actions (See FERPA Policy in The Guide). Such notification may include the name of the student offender and the type of violation, but will not disclose the names of any other students who were involved as victims or witnesses without their consent.

Student Conduct Conference and Student Conduct Hearing Appeal Procedures

  1. Where an individual is found responsible for a violation of the Code that may lead to a sanction less serious than suspension or expulsion, the individual can appeal in writing to the Review Committee for Appeals within five (5) business days from the date of the hearing officer’s determination. A person will have the right to request a review based on any of the following grounds:
    1. A sanction that falls outside the sanction range commonly assigned for the offense
    2. A material deviation from written procedures that jeopardized the fairness of the process
    3. A demonstrable bias by the hearing officer
    4. New information, unavailable at the time of the hearing, that could be outcome determinative
  2. In the case of suspension or expulsion, the student can appeal in writing to the Vice President for Student Affairs within three (3) business days of the receipt of the hearing officer’s determination.
  3. In the case of suspension or expulsion, the student will not be permitted to be on campus or attend classes pending the outcome of the appeal unless implementation of the sanction is delayed by the Vice President for Student Affairs due to extraordinary circumstances.

The Review Committee For Appeals

The Review Committee for Appeals is a body consisting of trained staff and students whose role is to review all student conduct conference appeals. The Office of Community Standards and Student Conduct will submit the appeal to the Review Committee within ten business days of receipt. Appeals to the Review Committee will be limited to information presented during the meeting with the conduct administrator and supporting documents provided by the respondent and the conduct administrator. If new information, which was reasonably not available at the time of the original decision, is presented, the Review Committee may send the case back to the conduct administrator for further evaluation.

The Review Committee is composed of one student and two hearing officers. The Committee will review the written challenge and, based on a preponderance of the evidence standard, determine whether or not the student should be granted an appeal. If Committee determines that an appeal is not granted, the decision of the conduct administrator will go into effect and the student will have no further appeal opportunities. The Review Committee’s decision not to grant an appeal is final.

If the Committee determines that an appeal should take place, the case will be forwarded to the next level administrator for review. The Review Committee will convene weekly and all proceedings are closed to the public.

Appeal of Suspension/Expulsion to the Vice President for Student Affairs

The request for review of an appeal will be considered by the Vice President for Student Affairs to determine whether grounds for an appeal exist. A person will have the right to request an appeal based on any of the following grounds:

  1. A sanction that falls outside the sanction range commonly assigned for the offense
  2. A material deviation from written procedures that jeopardized the fairness of the process
  3. A demonstrable bias by the hearing officer
  4. New information, unavailable at the time of the hearing, that could be outcome determinative

Request for Appeal to the Vice President for Student Affairs

  1. The Vice President for Student Affairs or designee will review the written request for an appeal to determine whether there is sufficient basis to grant an appeal. If so, he/she will proceed to hear the appeal, or return the complaint to the original hearing body for reconsideration or rehearing in light of the basis for the appeal.
  2. If the Vice President for Student Affairs determines that there is not a sufficient basis to change the decision of the hearing officer, the parties to the complaint will be notified in writing.
  3. Appeals are deferential to the original hearing decision, and are not intended as a rehearing. If the Vice President for Student Affairs hears the appeal, he/she may determine that there is a sufficient basis to change the decision of the hearing officer if there is clear error or compelling justification, only. If so, he/she may reverse, uphold or modify the decision, or change the sanction. Normally, appeals involve a review of the hearing record and appeal request.
  4. The decision of the Vice President for Student Affairs will be final within the University Student Conduct structure.

Student Code of Conduct, amended September 2013

POLICY AND PROCEDURES FOR ADDRESSING DISRUPTIVE BEHAVIOR

University-Initiated Withdrawal

The following model policy is adapted from policies at a variety of schools, including the University of Iowa and Loras College which are in turn adaptations of a model policy developed by Gary Pavela, J.D., of the University of Maryland (19 Pavela, Gary (1985). The Dismissal Of Students With Mental Disorders: Legal Issues, Policy Considerations Alternate Responses. College Administration Publications, Inc.: Asheville, N.C.).

The following model policy was also modified for Kean University by the National Center for Higher Education Risk Management (NCHERM).

If a student is behaving in a way which is threatening to the student or others, or which significantly interferes with the student’s education or the rights of others, the Vice President for Student Affairs may initiate these procedures. The Vice President for Student Affairs is empowered with the discretion to define within his/her professional judgment what is sufficiently threatening and/or disruptive to warrant invoking this procedure.

The first step will be to determine an appropriate initial action. The primary alternatives for initial action are as follows, but these do not preclude other actions based on a specific situation.

  1. Continue at the University with no restrictions. The University may take no action if it has decided, based on review of the referral information or other information presented, that the student may be allowed to continue with no restrictions. In those cases, care should be taken to provide opportunities for the student to be advised of accommodations and supportive services that are available. In cases where there are conduct actions pending, those actions should go forward.
  2. Continue in University pending further proceedings. The University may require that student meet certain conditions regarding the student’s behavior over a specified period of time if he/she is to remain enrolled. Such conditions here would include, for example, stopping classroom disruptiveness, or continuing only if the student avails him or herself of supportive services or accommodation arrangements. Failure to comply with the conditions, coupled with further disruptive behavior, may result in having additional conduct complaints added to any that were previously pending or deferred. At no point will the University engage in a behavioral contract or agreement with a student whose behaviors indicate harm or danger to any member of the community.
  3. Remaining enrolled at the University subject to conditions but with eligibility for University-owned residential agreement reviewed. Under certain circumstances, where other students’ living and learning environment is very likely to be disrupted by a student’s behavior, the Director of Residence Life will have the option of allocating alternative and more suitable living accommodations if such are available, or of terminating the accommodation agreement.
  4. Suspension of studies and/or separation from campus. If there is a pervasive pattern of disruptive or threatening behavior, or behaviors that are assaultive, suicidal, self-injurious or self-neglectful which present an imminent risk of injury to the student or others, the student may be suspended from studies and/or ordered off campus. In those situations, an interim hearing will be scheduled as soon as possible to determine if the interim suspension will continue.

Basis for Interim or Permanent Involuntary Medical Withdrawal

The University may withdraw a student if it is determined, by a preponderance of the evidence (that is more likely than not) that the student is engaging in or likely to engage in behavior which poses a substantial danger of causing imminent harm to the student, to others or to substantial property rights, or which renders the student unable to engage in basic required activities necessary to obtain an education, or that substantially impedes the lawful activities of others.

Standard for Addressing Potentially Suicidal Students

When suicidality is at issue (or any issue for which a student with a disability is facing separation from housing or the University), the objective of the hearing is to determine whether a student is a direct threat. A direct threat will exist when a student poses a significant risk to the health or safety of themselves or others. A significant risk constitutes a high probability of substantial harm, based on a timely, reasonable medical judgment. Significance will be determined by:

  • The nature, duration and severity of the risk;
  • The probability that the potentially threatening injury will actually occur;
  • And, whether reasonable accommodations to policies, practices or procedures will sufficiently mitigate the risk.

Status of Conduct Proceedings

If the student has been accused of a violation of the Conduct Code, but it appears that the student is not capable of understanding the nature of the wrongfulness of the action, this medical withdrawal policy may be activated prior to issuance of a determination in the conduct process.

Students subject to conduct proceedings who wish to introduce relevant evidence of such lack of capacity must so inform the Hearing Officer in writing at least two business days prior to any conduct hearing. If the Hearing Officer determines that the evidence may have merit, the conduct complaint will be held in abeyance and procedures will be initiated to investigate resolution of the matter in accordance with this proposed policy and procedures.

If the student is ordered to be medically withdrawn from the University, or another action is taken under these provisions following a finding that the student’s behavior was the result of a lack of capacity, such action terminates the pending conduct action. If the student is found not to be subject to medical withdrawal or other action under this section, conduct proceedings may be reinstated.

Referral for Evaluation

The Vice President for Student Affairs may refer a student for evaluation by an independent licensed psychiatrist or psychologist chosen by the institution if it is believed that the student may meet the criteria set forth in this policy or if a student subject to conduct proceedings provides notification that information concerning a mental disorder will be introduced.

Students referred for evaluation will be so informed in writing with personal and/or certified delivery, and will be given a copy of these standards and procedures. The evaluation, conducted at University expense, must be completed within five business days from the date of the referral letter, unless an extension is granted by the Office of the Vice President for Student Affairs. A student who fails to complete the evaluation in accordance with these standards and procedures and give permission for the results to be shared with appropriate administrators may be withdrawn on an interim basis, or referred for conduct action, or both.

Interim Action

The Vice President for Student Affairs may order interim medical suspension of a student where it is reasonable to believe that a substantial threat of harm to self or others exists. Students suspended under this provision will be notified by personal delivery, and will also be given a copy of these standards and procedures. The student will be given the option of appearing before the Vice President for Student Affairs (or designee) within 48 hours of the order for interim medical suspension to discuss only the following:

  1. the reliability of the information concerning the student’s behavior;
  2. whether the student’s behavior poses a danger of causing substantial, serious harm to the student or others, causing property damage, or directly impeding the lawful activities of others;
  3. Whether the student has completed an evaluation, in accordance with the standards and procedures.

The sole decisions to be made at the hearing or whether interim medical suspension should be continued or modified, and whether medical withdrawal should remain in consideration.

Involuntary Medical Withdrawal

If the medical evaluation supports medical withdrawal, a hearing will be scheduled before the Hearing Officer and the director of the health center. The student will be informed, in writing with certified delivery of the time, date and place, and will be given at least two business days to independently review the psychological or psychiatric evaluation prior to the hearing. In addition, the student will be notified of who is expected to present information at the hearing, and is expected to notify the Hearing Officer in advance of any witnesses the student expects to bring.

If the evaluation does not support medical withdrawal, the student will be notified. If other action is pending, the appropriate individuals will be notified and will proceed with their actions.

The student and the student’s representatives may present information for or against involuntary Medical Withdrawal and will be given the opportunity to ask questions of others presenting information. The hearing will be conversational and non-adversarial; however the Hearing Officer in charge of the hearing will exercise active control over the proceeding, to include deciding who may present information. Formal rules of evidence will not apply. Anyone who disrupts the hearing may be excluded.

A written decision will be rendered by the committee within two business days, stating the reasons for its determination. The decision will be delivered to the student by certified means. If the student is withdrawn, the notification will include information concerning when reapplication may be made, as well as specifying any conditions of reinstatement. The decision of the Hearing Officer is subject to appeal to the Vice President for Student Affairs. The decision is based upon the preponderance of the evidence.

A written and taped record of the proceeding will be kept and a copy made available to the student.

A student seeking readmission who has been medically withdrawn must request reinstatement, and may not reenter the University without providing competent medical evidence that the medical condition no longer exists, or is sufficiently under treatment so as to remove any substantial likelihood of reoccurrence of the situation which caused medical withdrawal. The University may require the student, at the student’s cost, to undergo a medical evaluation by a licensed mental health professional of the university’s choosing. The results of such evaluation must be disclosed to appropriate University personnel. A student who is permanently withdrawn is not eligible for reinstatement or readmission.

A medical withdrawal is not considered a conduct action, though a prior medical withdrawal may be considered in subsequent conduct hearings involving the student.

Support at Hearings

The student subject to either an Interim Suspension Hearing or an Involuntary Medical Withdrawal hearing may be assisted in the hearing by a family member and/or a licensed psychologist or psychiatrist, or in lieu of a licensed psychologist or psychiatrist, by a member of the faculty or staff of the University or other support person at the discretion of the Hearing Officer. The student may be accompanied by legal counsel, although that counsel may only provide legal advice to the student, and may not address the panel. The student will be expected to speak for him or herself whenever possible.

KEAN UNIVERSITY BEHAVIORAL INTERVENTION TEAM FOR STUDENTS (KUBIT)

KUBIT is an acronym for the Kean University Behavioral Intervention Team. KUBIT was formed to address the rising tide of student mental health issues and disruptive behavior. KUBIT is chaired by the Assistant Vice President for Residential Student Services and consists of the following members: Director, Counseling & Disability Services; Director, Health Services; and Director, Office of Community Standards and Student Conduct. KUBIT meets on a regular basis in an effort to track “red flags” before a crisis arises. Red flags are warning signals raised by a student that come to the attention of members of the campus community.

ACCESS TO EDUCATIONAL RECORDS: Confidentiality of Student Records (FERPA Policy)

Introduction

Kean University collects data and information about students in order to facilitate their educational development. The Family Educational Rights and Privacy Act (FERPA) of 1974 and the Higher Education Act Amendments of 1998 and 2008 delineate the rights of students to be informed of the existence of this information, to have access to it, and the conditions under which information about students may be disclosed to others. A copy of the Family Educational Rights and Privacy Act is available in the Office of the Registrar. The material below specifies the University policy and procedures for complying with FERPA. All employees and subcontractors of the University who handle student records are bound by the Kean policy and procedures.

General Policy Statement

Information from student education records may be shared within the University by those officials with a “legitimate educational interest” (as defined in this document) in such information. Information from records, files and data directly related to student will not be disclosed by any means to individuals or agencies outside the University without the written consent of the student, except when it is considered directory information or in response to a subpoena or court order, under an exception to FERPA, or in those cases of specifically designated educational and governmental officials as required by FERPA and explained below.

Students

A student is defined as any person taking courses at the University, both full-time and part-time pursuing undergraduate, graduate, professional studies, or continuing education. Persons who are not officially enrolled for a particular term, but who have a continuing relationship with the University are considered students.

Annual Notification

Students will be notified of their FERPA rights each semester through an insert in the registration bulletin that refers them to the policy in the undergraduate student handbook or the undergraduate and graduate catalogs. A copy of the will be available in the Office of the Registrar.

Student Records

A student’s education record is comprised of written and recorded information that personally identifies a student, or is readily linked or linkable to the identity of a student, that is kept or maintained by University officials. Records originating at another institution are also subject to this policy. Education records include the following:

Record Location
Admissions Records Admissions Office, Graduate Office, Office of the Registrar, Center for Academic Success
Career Placement Records Center for Academic Success
Cumulative Academic Records Graduate Office, Office of the Registrar
Disciplinary Records Vice President for Student Affairs, Office of Residential Student Services
Health Records Health Services
Financial Records Financial Aid, Student Accounting
Progress Records Dean, Department Chairpersons, Center for Academic Success
KUBIT Team Records Vice President for Student Affairs

Excluded from the definition of student education records are records or notes of instructional and administrative personnel, which are in the sole possession of the individual. Records exempt include the notes of a professor or staff member concerning a student and intended for that individual’s own use; information maintained by a physician, psychiatrist, psychologist, or paraprofessional used in connection with the provision of treatment; and alumni records.

University Officials Responsible for Student Records

The Vice President for Academic Affairs, the Executive Vice President for Administration and Finance, the Vice President for Research and Graduate Studies; Dean of the Nathan Weiss Graduate College are responsible for student records within respective areas.

Directory (Public) Information

Kean University designates the following items as Directory Information:

Category I student name, permanent, local and e-mail address, phone number, dates of attendance, class, date of graduation.
Category II degrees and awards conferred, major.
Category III weight and height of members of athletic teams.
Category IV photographic, video, or electronic images.

This information is regarded as public, and the University may disclose any of these items without prior written consent. The student is entitled to request that any or all categories of this information not be made publicly available. Such a request must be made in writing to the Registrar on an annual basis. Request must be filed within ten days after the start of the fall or spring semester and will remain in effect until the next fall semester.

Student Rights to Inspect Education Records

A student has the right to inspect and review his or her educational records. To do so, the student must submit a request in writing to the director for the office in which the record is located. This official must respond within 45 days of the request by arranging an appointment for the student to view the records. When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her. The student is also entitled to copies of his or her records generated at Kean University at a reasonable administrative cost.

Educational records will not be released to the student or to any third party if the student has financial obligation or if a serious academic and/or a misconduct matter involving the student remains unresolved.

Letters of recommendation and other information obtained or prepared prior to January 1, 1975, which were written on the assumption of confidentiality, will not be made available to the student.

Disclosure to Others

Kean University will disclose information from a student’s education records only with the written consent of the student, except as requested by University officials with “legitimate educational interests”, defined in part a. below, or in those cases delineated in part b. below;

  1. University officials with “legitimate educational interest” are those with general or specific responsibility for promoting the educational objectives of the University. This includes individuals within the institution involved in teaching, research and related activities such as academic, advising, counseling, academic support, supervision of co-curricular activities, official University committees or clubs, financial assistance, medical services, and job placement.
  2. A University official is a person employed by the University in administrative, supervisory, academic, or research, or support staff positions. This includes members of the Board of Trustees and person employed by or under contract to the University to perform special tasks, such as the attorney or auditor.

    University officials have “legitimate educational interest” if they are:

    • Performing a task that is specified in their job description
    • Performing a task related to a student’s education
    • Performing a task related to the discipline of a student
    • Performing a service or benefit relating to the student or student’s family, such as healthcare, counseling, job placement, or financial aid assistance.

    Clerical personnel employed to assist University officials in their job performance may also be granted access to students’ records. Access by all personnel is restricted to that part of the student record necessary for the discharge of assigned duties.

  3. Information may also be disclosed without the written consent of the student if requested under the circumstances delineated below:
    1. By Federal and State Authorities. Student record may be disclosed to certain officials of the U.S. Department of Education, the Comptroller General, and State and local educational authorities, in connection with certain State or federally support education programs.
    2. By Other Educational Institutions. Disclosure of appropriate academic records may be made to officials of other educational institutions to which the student has applied or intends to enroll.
    3. In Response to a Judicial Order. Information concerning a student will be released if properly subpoenaed pursuant to a judicial, legislative, or administrative proceeding. In the case of a judicial order or a subpoena, the University will make a reasonable effort to notify the student of the order or subpoena in advance of compliance, unless the subpoena is ex parte.
    4. In Support of Financial Aid Requests. Information from student records may be released in connection with a student’s request for financial aid as necessary to determine eligibility or to enforce the terms and conditions of the aid.
    5. If Mandated by a State Law requiring disclosure that was adopted prior to November 1994.
    6. By Educational Agencies Conducting Research. Information, which will not permit the individual identification of students, may be released to educational agencies for research or for the development of predictive tests. Information may also be released to organizations conducting certain studies on behalf of the University. In these cases, the information may not be used in any way that permits identification of an individual student.
    7. By Accrediting Agencies. Information may be released to accrediting agencies to enable them to carry out their functions.
    8. In Case of Emergency. On an emergency basis, information about a student may be released by the Registrar when that information is necessary to protect the health or safety of a student or other individuals.
    9. To Parents of Dependent Students. Information concerning a student, who is dependent, within the meaning of section 152 of the Internal Revenue Code of 1954, may be released to that student’s parents. For purposes of this policy, unless information is presented that the student is, in fact, a dependent; students will be assumed not to be dependent. Parents who wish to provide such information should be referred to the Office of the Assistant Vice President for Enrollment Services.
    10. Parental Notification of Drug and Alcohol Violations. Section 952 of the 1998 amendments to the Family Educational Rights and Privacy Act authorizes the University to inform a parent or legal guardian of any student under the age of 21, who has been found in violation of any law or University policy governing the use or possession of alcohol or controlled substances.

For purposes of this policy the University will first notify the student of its intent to notify the student’s family. The family will then be notified unless it is determined that such communication will put the student at risk. (See Drug and Alcohol Policy)

Record of Requests for Disclosure

Kean University will maintain a record of all requests for and/or disclosure of information to outside agencies from a student’s educational record. The record will indicate the name of the party making the request, any additional party to whom it may be disclosed, and the legitimate interest the party has in requesting or obtaining the information. This record may be reviewed by the student.

Correction of Education Records

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of the privacy rights. The substantive judgment of a faculty member about a student’s work, expressed in grades or other evaluations, is not within the scope of this right to challenge information.

To challenge his or her record, a student must submit a request to amend the record to the University official in whose area of responsibility the material is kept. (See page 32 above). The official may comply with the request and correct the material or the official may rule against changing the record. If the official decides not to comply, the student will be notified of the decision and advised of his or her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of his or her rights.

The hearing must be held within three weeks of the request and the student notified of the time, date, and place in advance of the hearing.

The hearing will be conducted by a hearing officer who is disinterested party. He or she may, however, be an official of the University. The student will be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend his or her records. The student may be represented by an individual of his or her choosing, including an attorney (at the student’s expense).

Within two weeks of the conclusion of the hearing, the hearing officer will prepare a written decision based solely in evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decisions.

If it is decided that the challenged information is not inaccurate, misleading, or in violation of the student’s right of privacy, the University will notify the student that he or she has a right to place in the record a statement commenting on the challenged information and setting forth reasons for disagreeing with the decision. This statement will be maintained as part of the student’s education records as long as the contested portion is maintained. If the University discloses the contested portion of the record, it must also disclose the statement.

Students have the right to file a complaint with the Department of Education concerning alleged failures of the University to comply with the requirements of FERPA.

ACADEMIC INTEGRITY POLICY

PREFACE

Kean University is aware of and sensitive to the pressures exerted by peers and family, work environment, the academic process, and society in general, and is committed to creating an environment in which academic integrity is supported and academic dishonesty is not tolerated. To that end, the University has taken steps to ensure that all members of the academic community are fully aware of the Academic Integrity Policy by: widely distributing the policy, posting it on the University’s Web site, identifying material on all course syllabi, and provide training to increase awareness of Academic Integrity issues among all members of the Kean University Community.

Thus, administrators, staff, Board of Trustees Members, and faculty at Kean University have an obligation to support academic integrity by ensuring that all members of the University community understand:

  • What constitutes academic integrity
  • How to prevent academic dishonesty
  • What sanctions are imposed for academic dishonesty
  • What consequences ensue as a result of such sanctions, and
  • What process is used to impose those sanctions

All members of the Kean Community shall actively engage in the academic process. In order to ensure compliance with the Academic Integrity Policy, administrators, faculty, staff, librarians, and students should:

  • Represent their identity truthfully in all situations
  • Protect their materials, including papers, tests, and other academic exercises, from unauthorized access
  • Protect their means of access to resources, including computer passwords and library access codes, from unauthorized use of the system
  • Respect the work of others by acknowledging their words, ideas, opinions, theories, data, programs, and other intellectual material in accordance with the guidelines of the discipline or other faculty instruction
  • Report data or source information accurately
  • Refuse to participate in activities that violate the Academic Integrity Policy
  • Read, understand, and comply with the code of ethics and/or clinical code of their chosen discipline, and
  • Represent their mastery of material truthfully and accurately.

ACADEMIC INTEGRITY PRINCIPLES AND VALUES

Kean University is committed to nurturing the growth of intellectual reasoning, academic and professional values, individual ethics and social responsibility in all members of the campus community. Kean University provides academically rigorous undergraduate and graduate programs that adhere to the twin principles of honesty and academic integrity. These principles are essential for ensuring and maintaining excellence in the quality of its academic instructional programs and facilitating the intellectual development of its students, led by the faculty, staff, administration, and Board of Trustees of the University. Therefore, academic dishonesty in any form - written or non-written, media or technology - seriously compromises the Kean University mission to provide quality programs and opportunities for the optimum development of all students and employees.

There are five fundamental values that characterize an academic community of integrity (five values itemized below adapted from The Center for Academic Integrity, (http://www.academicintegrity.org/icai/home.php)

  • Honesty. The quest for truth and knowledge requires intellectual and personal honesty in learning, teaching, research and service.
  • Trust. Academic institutions must foster a climate of mutual trust and respect in order to stimulate the free exchange of ideas.
  • Fairness. All interactions among the members of the Kean University Community should be grounded in clear standards, practices and procedures.
  • Respect. Learning is acknowledged as a participatory process, and a wide range of opinions and ideas is respected.
  • Responsibility. A thriving community demands personal accountability on the part of all members and depends upon action in the face of wrongdoing.

Maintaining high standards of academic integrity is the obligation and expectation of all members of the Kean community – students, faculty, staff, administrators and Board of Trustees. It ensures the application of the highest academic standards and principles of conduct, honesty and truth. An individual’s work must reflect that person’s own efforts and achievements. Any collaboration of effort by an individual or groups of individuals must be acknowledged. Failure to acknowledge such contributions constitutes an act of dishonesty and a misrepresentation of the individual’s work.

Academic and professional communities are built on ideas. These ideas are debated, investigated, tested, and applied. The evidence of these ideas and the work that stems from them includes, but is not limited to: research data, articles, books, computer programs, art, music, policies, and procedures. Academic and professional communities use this intellectual material to communicate ideas and to expand their body of knowledge. Reputable and respected members of these communities always acknowledge the sources of the material so used.

At Kean University, the demonstration of academic integrity falls into four categories:

  • Mastery of material – All members of the Kean community are responsible for the truthful representation of their mastery of content and material on prepared documents or other academic, research or professional exercises.
  • Representation of sources – All members of the Kean community are responsible for the complete, accurate, specific, and truthful acknowledgement of the work of others, including, but not limited to, their words, ideas, phrases, sentences, or data.
  • Truthful submission of work – All members of the Kean community are responsible for the truthful representation of data, scholarly or creative works, research, its findings, projects, or other academic, research or professional exercises.
  • Access and use of resources – All members of the Kean community, shall ensure that they protect their rights to access and use resources and engage only in authorized access and use of copyright of these resources.

CATEGORIES OF ACADEMIC INTEGRITY VIOLATIONS

Violations of the Academic Integrity Policy generally fall into four categories: Cheating, Plagiarism, Fabrication, and Academic Misconduct. In order to assist students, faculty, staff, librarians and administrators to understand what constitutes academic dishonesty, the following definitions are provided:

  • Cheating. Cheating is an act of deception by which a person misrepresents his or her mastery of material
  • Plagiarism. Plagiarism occurs when a person represents someone else’s words, ideas, phrases, sentences, or data as one’s own work. Copying or paraphrasing text without acknowledging the source, for example, is plagiarism.
  • Fabrication. Fabrication refers to the use of invented information or the falsification of creative or scholarly works, research, its findings or other results. Listing sources in a bibliography or other report that were not used in the paper or project is an example of fabrication.
  • Academic Misconduct. Academic Misconduct is any other act of academic dishonesty that does not specifically fall in one of the above categories. Academic misconduct includes assisting another to commit any act of academic dishonesty.

In addition to the categories described above, academic integrity violations may also occur in other academic contexts.

The University maintains that all members of the academic community are expected to employ the highest standards of academic integrity in their work and in representing their academic credentials. Whenever the values of academic integrity are violated (such as cheating, fabrication, plagiarism, fabrication and academic misconduct) sanctions and discipline are required actions.

PROCEDURES FOR ACADEMIC INTEGRITY VIOLATIONS INVOLVING ADMINISTRATORS

  1. Upon receiving a written complaint alleging an academic integrity violation, the President or his/her designee shall assign a fact-finding investigator(s) to review and investigate an alleged academic integrity violation by a University administrator. The accused administrator shall receive written notification advising him/her of the general nature of the alleged violation.
  2. The assigned investigator(s) shall conduct the fact-finding investigation, which shall include an interview of the accused administrator who shall be afforded an opportunity to present any evidence he or she believes is relevant to the investigation. The investigation also may include interviews of other witnesses and the review of any relevant documentation at the sole discretion of the investigator(s).
  3. At the conclusion of the investigation, the investigator(s) shall prepare an investigation report to be submitted to the President or his/her designee, which shall include findings of fact and a recommendation regarding whether an academic integrity violation occurred.
  4. After receiving the report, the President or his/her designee shall determine whether a violation has occurred and advise the administrator in writing of his/her decision. The President or his/her designee shall have the discretion upon receipt of the recommendation to conduct additional inquiries before reaching a decision.
  5. Upon receiving the decision, the accused administrator shall have a right of appeal to the University’s Board of Trustees. Any appeal shall be in writing and be submitted to the Board of Trustees within ten (10) calendar days after receipt of the decision by the administrator. The appeal must state the specific grounds for any claimed error in the decision.
  6. The Board shall consider the written appeal and any supporting documentation submitted with the appeal. Upon receipt of the appeal, the Board shall have the discretion to conduct any other inquiries or take any other action it deems necessary.
  7. An appeal decision issued by the Board is the University’s final institutional action regarding whether an academic integrity violation occurred.
  8. If an investigation results in the finding of an academic integrity violation against the administrator that is not appealed or is sustained after an appeal, the matter will be referred to the Office of Human Resources pursuant to the University’s established procedures for disciplinary action.

PROCEDURES FOR ACADEMIC INTEGRITY VIOLATIONS INVOLVING FACULTY, STAFF AND LIBRARIANS

Certain procedures for faculty, staff and librarians require negotiation between the University and designated representatives of the applicable collective negotiations unit(s). Therefore, this section will be updated in the future.

ACADEMIC INTEGRITY FOR STUDENTS

Students who demonstrate academic integrity become a part of their academic or professional community. These guidelines are designed to help the student understand how to achieve that result.

What follows are the procedures related to students. Faculty members are required to support the Academic Integrity Policy by discussing the value of integrity and by reporting academic dishonesty.

As the first line of support, faculty shall ensure that the Academic Integrity Policy is discussed to an appropriate extent in every course section, with emphasis on the elements that pertain particularly to that class. As stated in the University catalog, faculty shall distribute a syllabus for every course section that includes, among other criteria and information, the course requirements, methods of evaluation, and the basis by which the final grade is derived.

CLASSIFICATION OF ACADEMIC INTEGRITY VIOLATIONS BY OFFENSE

Violations of academic integrity are classified based on the level of seriousness of the behaviors. Brief descriptions, examples and recommended sanctions are provided below. Quantitative benchmarks (percentages of course grades) are offered as guidance to assist faculty and administrators to determine the appropriate level of violation. These are general descriptions and should not be considered as all-inclusive.

Level One Violations

Level One violations consist of those instances when, in the opinion of the instructor, the student’s actions may be the result of inexperience and the activity in which the violation occurs constitutes less than 10% of the grade for the course. Level One violations are considered academic issues and not disciplinary offenses. Inherently, Level One violations would be most common among first-year students.

Examples:

PLAGIARISM

  • Improper citation or footnoting
  • Citation of information not taken from the source indicated

Recommended Sanction: Make-up assignment at a more difficult level or assignment of no credit for work in question, required attendance at a workshop on preparation of term papers, or a library assignment on the preparation of term papers.

Level Two Violations

Level Two violations consist of those instances involving cheating, plagiarism, fabrication, or academic misconduct when, in the opinion of the instructor, one or more of the following conditions exists:

  • The student’s actions constitute a violation of academic integrity that cannot be dismissed as a result of inexperience.
  • The activity in which the violation occurs constitutes less than 25% of the grade for the course.

Examples:

CHEATING

  • Unauthorized assistance with academic work
    (e.g., excessive editorial assistance)
  • Allowing another student to copy one’s work
  • Copying from another student’s work

PLAGIARISM
(representing less than 25% of the entire academic exercise)

  • Level One violations not attributable to inexperience
  • Copying another person’s words directly without acknowledging the source
  • Using another’s ideas, opinions or theories (even if they have been completely paraphrased in one’s own words) without acknowledging the source
  • Using facts, statistics or other illustrative material taken from a source without acknowledging the source, unless the information is common knowledge
  • Submitting a computer program, or any other creative work or intellectual property as defined by the discipline, as original work which duplicates, in whole or in part, the work of another, without citation,

FABRICATION

  • Listing of sources in a bibliography or other report not used in that project

ACADEMIC MISCONDUCT

  • Submitting the same written work to fulfill the requirements of more than one course without the explicit permission of the present instructor

Recommended Sanction: A failing grade on the assignment. The Academic Integrity Violations Report (AIVR) is sent to the Office of the Vice President of Academic Affairs and the record may be considered in the determination of the level of future violations.

Level Three Violations

Level Three violations consist of those instances involving cheating, plagiarism, fabrication, or academic misconduct when, in the opinion of the instructor, one or more of the following conditions exists.

  • The student’s actions are a repeat offense of a Level Two violation.
  • The activity in which the violation occurs constitutes 25% or more of the grade for the course.

Examples:

CHEATING

  • Using unauthorized materials such as a textbook, notebook, or text messaging during an examination
  • Collaborating with another person during an exam by giving or receiving information without permission
  • Unauthorized access to or use of someone else’s computer account or computer files for any purpose.

PLAGIARISM
(representing 25% or more of the entire academic exercise)

  • Improper citation or footnoting
  • Citation of information not taken from the source indicated
  • Copying another person’s words directly without acknowledging the source
  • Using another’s ideas, opinions or theories (even if they have been completely paraphrased in one’s own words) without acknowledging the source
  • Using facts, statistics or other illustrative material taken from a source without acknowledging the source, unless the information is common knowledge
  • Submitting a computer program, or any other creative work or intellectual property as defined by the discipline, as original work which duplicates, in whole or in part, without citation, the work of another

FABRICATION

  • Submitting as one’s own of any academic work prepared in whole or in part by others, unless the assignment allows students to work collaboratively
  • Making up data or source information for an experiment, research project, or other academic exercise

ACADEMIC MISCONDUCT

  • Altering test answers and then claiming that the instructor inappropriately graded the examination
  • Misrepresenting oneself or providing misleading and false information in attempt to access another’s computer account

The Dean (or designee) or the Office of the Vice President of Academic Affairs may determine that a violation reported at Level Two becomes a Level Three in the presence of a prior Level Two violation unknown to the reporting instructor. This determination may be made after the Level Two sanction has already been imposed.

Recommended Sanction: Probation or suspension from the University for one semester with a notation of “disciplinary suspension” placed in a student’s internal academic file and a failing grade in the course. The Academic Integrity Violations Report (AIVR) is sent to the Office of the Vice President of Academic Affairs and the record may be considered in the determination of the level of future violations.

Level Four Violations

These are the most serious breaches of academic integrity and include violations that may even potentially result in legal action against the perpetrator. Level Four violations consist of those instances involving cheating, plagiarism, fabrication, or academic misconduct when, in the opinion of the instructor, one or more of the following conditions exists:

  • The student’s actions represent a blatant disregard or disrespect for the expectations of academic integrity and/or University life.
  • The student’s actions represent a violation of law.
  • The student’s actions represent any degree or category of infraction relating to a graduate thesis.

Examples:

FABRICATION

  • Makes up data or source information in an experiment, research project, or other academic exercise related to the senior or graduate thesis

ACADEMIC MISCONDUCT

  • Changing, altering, falsifying or being accessory to the changing, altering or falsifying of a grade report or form, or entering any University office, building or accessing a computer for that purpose
  • Coercing any other person to obtain an unadministered test
  • Stealing, buying, selling, giving away or otherwise obtaining all or part of any unadministered examination, term papers, or works of art, or entering any University office or building for the purpose of obtaining said materials without authorization
  • Substituting for another student or permitting any other person to substitute for oneself to take a test or examination
  • Creating illegal accounts, changing of files or securing of passwords illegally
  • Destroying computer accounts without authorization
  • Violating the clinical or ethical code of the discipline
  • Sabotaging of another’s work

The Dean (or designee) or the Office of the Vice President of Academic Affairs may determine that a violation reported at Level Three becomes a Level Four in the presence of a prior Level Three violation unknown to the reporting instructor. This determination may be made after the Level Three sanction has been applied. Multiple Level Two Violations or a Level Two violation followed by a Level Three violation may only be sanctioned at Level Three. Only multiple Level Three violations may be raised to Level 4.

Recommended Sanction: Expulsion from the University and a permanent dismissal notation on the student’s internal academic file.

FRAUD AND PURCHASED TERM PAPERS

The unauthorized collaboration with any other person in preparing work offered for course credit, such as purchasing a term paper from another student or from a term paper research company and submitting that paper as one’s own is fraud. Such behavior is illegal. New Jersey Statutes Annotated § 18A:2-3 states:

“No person shall, for any fee, or other remuneration, prepare, offer to prepare, cause to be prepared, sell or offer for sale any term paper [emphasis added], thesis, dissertation, essay, report or other written, recorded, pictorial, artistic or other assignment knowing or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under a student’s name in fulfillment of the requirements for a degree, diploma, certificate, course or courses of study at any university, college, academy, school or other educational institution.”

The law provides a $1,000 fine for anyone convicted of violating its provision. Students should be aware that academic research companies:

  • Keep comprehensive lists of the clients they serve, including the client’s name, the school he or she attends, the date on which the material was purchased from the company, and the type of material secured.
  • Provide copies of these lists and copies of the material sold to the individual purchaser, to any collegiate institution or faculty member, upon request made on official institutional letterhead.

PROCEDURES FOR REPORTING AND APPEALING ACADEMIC INTEGRITY VIOLATIONS

Violations of Level 2, 3, or 4 of the University’s academic integrity policy must be reported on an Academic Integrity Violations Report form (AIVR) found in all academic program offices. Completion and filing of the AIVR form by an instructor, as outlined below, will serve as the official written notification of an Academic Integrity Policy offense. The responsibility for demonstrating the existence of a violation shall be upon the faculty member bringing the charges.

The Academic Integrity Violation Report Form is a five part form which identifies the student and instructor involved, the course, course assignment and specific details of the violation. It shall also designate the category and classification of the violation.

In the case of Level 2 violations, the instructor will meet with the student to address the charge, including the level of violation and recommended sanction, and impose the sanction for Level 2 violations. The sanction imposed by an instructor must be recorded on the AIVR form and forwarded to the Office of the Vice President of Academic Affairs. If the instructor is unable to reach the student, a copy of the AIVR form will be sent via certified mail to the student’s address of record. All Level 1 and Level 2 appeals will proceed through the academic program grade grievance procedure or academic program Personnel Committee. If a student does not appeal, the AIVR form remains on file in the Office of the Vice President of Academic Affairs as the final record of the violation.

All student/instructor conferences about Level 3 and 4 violations will be informational only. As discussed above, the instructor will meet with the student to address the charge; however the instructor is not responsible for determining the sanction or action that will be taken in response to these violations, but may make a recommendation to the College Dean (or designee). If the instructor is unable to reach the student, a copy of the AIVR form will be sent via certified mail to the student’s address of record. All Level 3 and Level 4 violations reports must be sent to the Dean’s (or designee) Office for action prior to filing the report with the Vice President of Academic Affairs and executive director/department chairperson. Both the student and the instructor have the right to meet individually with the Dean (or designee) before a decision is made. The College Dean (or designee) will then review the incident and apply a sanction in accordance with the Academic Integrity Policy level of violation and recommended action. No further action will be taken if the Dean (or designee) finds no violation has occurred. The Dean’s (or designee) action will be reported in the appropriate section on the form. A letter will be sent to the student confirming the disciplinary action taken, i.e. probation, suspension or dismissal. A copy of the completed form and the action taken will also be forwarded to the instructor, executive director/department chair and Vice President of Academic Affairs. All sanctions imposed by an instructor or College Dean (or designee) must be in accordance with the published Academic Integrity Policy.

STUDENT APPEAL OF CHARGE OR SANCTION

Once a sanction has been imposed at Level 3 or 4, the student may file a written appeal of the charge or sanction to the Vice President of Academic Affairs within 30 calendar days of the date of notification. Should an Academic Integrity Violations charge be made at the end of a semester, a No Record (NR) grade will be assigned until the charge is addressed. The Vice President of Academic Affairs office will refer all appeals of Levels 3 and 4 violations to the University Appeals Board (UAB) for hearing or mediation. The UAB may uphold, modify, or dismiss a charge or a sanction made by the College Dean (or designee). If a student does not appeal, the Academic Integrity Violation Report form remains on file in the Office of the Vice President of Academic Affairs as the final record of the violation.

Any written appeal by the student must be filed within 30 calendar days of the date of notification. It must include a:

  • Clear explanation of the nature of the appeal
  • Clear explanation of the reason(s) for the appeal
  • Clear concise statement of the facts as known, with appropriate supporting documentation
  • Clear statement of what is being appealed; i.e., the dishonesty charge and/or the sanction imposed and
  • Current postal and e-mail addresses and telephone number(s) where the student can be reached.

The University Appeals Board must be convened by the Vice President of Academic Affairs office upon receipt of an appeal. The Vice President of Academic Affairs office will be responsible for checking the student’s past record, if any, to see if the student has committed prior acts of academic dishonesty.

COMPOSITION AND AUTHORITY OF THE UAB

The University Appeals Board is a body elected by the Faculty Senate membership whose role is to review all student appeals of violations of academic integrity.

The voting members of the UAB consist of one (1) full-time teaching faculty members elected from each academic college by the Faculty Senate membership; one (1) professional staff member elected by the Faculty Senate professional staff membership; three (3) students, one each, appointed by each of the three student governing bodies; and one (1) administrator or staff member appointed by the Vice President of Academic Affairs. The Vice President for Student Affairs will appoint a nonvoting member who will serve as an observer. It is the responsibility of this member to observe and monitor procedure, and act as the liaison between the UAB and the Vice President for Student Affairs. After the Senate election results, in May, the Vice President of Academic Affairs will convene a UAB meeting for the purpose of electing a UAB Chair for the proceeding fall semester.

The UAB must be elected during the Faculty Senate’s regularly scheduled elections. Faculty Senate members of the UAB serve for two years. A quorum of 60% of the voting members is required to consider appeals.

The decisions of the UAB are considered final and may be appealed only on the grounds of alleged procedural or substantive error. Appeals will be directed in writing to the Vice President of Academic Affairs and must be filed within ten (10) business days of the decision issued by the University Appeals Board. The written appeal must identify the nature of the alleged procedural or substantive error on which the appeal is based. Prior to reaching a decision on the appeal, the Vice President of Academic Affairs will meet with the Chairperson of the University Appeals Board to review the basis on which the UAB reached its decision. If the Vice President of Academic Affairs determines that a procedural or substantive error occurred, the Vice President of Academic Affairs may direct the UAB to reconsider its decision. The determination of the Vice President of Academic Affairs is final.

OTHER PROCEDURES FOR UAB REVIEWS

Additional procedures for UAB reviews include:

  • Student Presence at UAB Meeting: Students will be notified by certified mail that their appeal will be heard on a specific date and time, and that they are invited to attend. The student must notify the UAB Board Secretary in advance whether or not he/she plans to attend the hearing or inform the Board Secretary if the hearing is scheduled at a time when the student cannot attend so that a mutually agreeable date can be scheduled. Should a student not attend by choice, the appeal will be heard based on the written record. Should the meeting be rescheduled for student’s convenience and the student fail to attend the meeting, the appeal will be heard based on the written record.
  • Faculty Presence at UAB Meeting: The involved faculty member will be notified of the date and time of the hearing. The arrangements described above pertaining to attendance and rescheduling are also applicable to involved instructor.
  • Case Records: Pending a scheduled appeal meeting, two (2) confidential copies of scheduled cases will be kept in the Office of the Vice President of Academic Affairs for review by Board members and the directly involved parties, i.e., the faculty member and the accused student.
  • Attorneys Present at Meeting: Attorneys may attend at the accused student’s request to observe the proceedings and advise the student. Attorneys may not address the Board or otherwise participate.
  • Parents or Guardians Present at Meeting: Parents or guardians may attend at the accused student’s request to observe the proceedings and advise the student. Parents or guardians may not address the Board or otherwise participate.
  • Hearing Procedure: The UAB will convene its meetings first and then invite student and faculty to present their information. The Board Moderator will be the person through whom materials or questions will be addressed to the Board. All materials or questions to be introduced must normally be sent to the Moderator at least three (3) class days prior to the scheduled hearing. Notification of the UAB’s decision will be by certified mail.
  • Recusal: Board members will use their discretion concerning cases where familiarity may affect their impartial judgment.
  • Time/Witness Limitation: The Board Moderator may limit the number of witnesses to be heard or may exclude irrelevant or unduly repetitious information.
  • Hearing Record: The UAB will receive and consider oral and documentary information that support or discredit the charges presented
  • Alternative Actions: If there is a need for the UAB to meet outside the academic year, (e.g. summer months), and a quorum cannot be reached, hearings may be delayed until the beginning of the next academic year, or the Faculty Senate, student organization or Vice President of Academic Affairs, as appropriate may be asked to elect an alternate member, as appropriate.
  • Voting Procedures: The UAB votes may be cast by secret ballot, with the recommendation made on the basis of a majority of voting members present. Minority opinions may be written to the Vice President of Academic Affairs. In the case of a tie vote, voting will continue until the Board deems that it must notify the Vice President of Academic Affairs of a deadlock. Thus, voting may span more than one meeting. In the case of a deadlock, the Vice President of Academic Affairs shall make the final decision.
  • Procedural Questions: Any procedural questions should be addressed to the Office of the Vice President of Academic Affairs.

For the most recent version of the policy to go to:

http://www.kean.edu/admin/uploads/pdf/AcademicIntegrityPolicy.pdf

New Student Attendance Policy

Attendance is expected in all courses. Attendance will be a component of the grade of any course if so stated in the syllabus. Students are responsible for informing the instructor in advance or in a timely manner of the reasons for their absence. Instructors in consultation with their department chairs are expected to respect university practices and policies regarding what counts as an excused absence. Typically excused absences include illness, bereavement, or religious observances. Serious tardiness may be dealt with at the discretion of the instructor.

AIDS/HIV Policy Statement

Current medical knowledge indicates that AIDS is a disorder which is not communicated through casual contact. AIDS substantially interferes with the life activities of those who contract it and hence is regarded as a disabling condition by Kean University. Since current University policy forbids discrimination on the grounds of disability, acts in violation of this policy by faculty/staff members or students against persons with AIDS/HIV is forbidden.

Drug and Alcohol Policy

I. Drug and Alcohol Policy Statement

A. Policy Overview

Kean University is an educational institution that strives to create and maintain an environment that is free from substance abuse and the negative consequences that result from illicit use and abuse. The University has made a commitment to educate its community about the physical, psychological and legal consequences of substance abuse, as well as provide treatment or referral services to those in need of assistance.

B. Kean University Alcohol Policy Statement

Kean University’s Board of Trustees considers the consumption of alcoholic beverages within its confines a privilege subject to the limitations imposed by law and University policy as befitting the decorum and dignity of an academic community. Kean University acknowledges its commitment to encourage students to pursue a quality education by providing an environment that is conducive to the total health, education and well-being of the person. To this end, the University permits the moderate and responsible consumption of alcoholic beverages on campus within stated limits. The sale, service and consumption of alcoholic beverages must comply with the limitations established by University policies, Union Township local ordinances, New Jersey state laws and any applicable federal laws.

C. Kean University Illicit-Drug Policy

Kean University abides by the laws of the federal, state and local governments that prohibit the possession or distribution of illicit narcotics, drugs or other controlled dangerous substances. Kean University has certified to both the federal and state of New Jersey governments that it is committed to maintaining a drug-free workplace as stipulated by the Drug-Free Workplace Act of 1988 and New Jersey Gov. Thomas Kean’s Executive Order 204 of March 18, 1989. Kean University enforces the drug laws as legislated and approved by the New Jersey Comprehensive Drug Reform Act of 1986 (Code of Criminal Justice, 2c: 35-1). Kean University is compliant with the Drug Free Schools and Communities Act of 1989 and its biennial reporting requirement. Copies of the Kean University report are available on request from the Office of the Vice President for Student Affairs.

II. Standards of Conduct

A. Alcohol Regulations

  1. The Vice President for Student Affairs has been charged with overall responsibility to administer and enforce the campus alcohol policies.
  2. All members of the University community, students, faculty, staff, administrators, alumni and their guests, are subject to limitations and procedural requirements established therein.
  3. A person who has not attained the legal drinking age of 21 will not acquire, possess or consume any alcoholic beverage on the campus, nor will such underage person enter any facility with the intent to acquire, possess or consume any alcoholic beverage.
  4. A person of legal age will not give any alcoholic beverage to a person under the legal drinking age, nor will he or she assist or allow such person to acquire or consume any alcoholic beverage.
  5. Disorderly conduct resulting from the use of alcohol is unacceptable and will be considered a serious violation of the Campus Code of Conduct.
  6. Students and staff are not permitted to bring alcoholic beverages to campus athletic and social events.
  7. Alcohol may be served on campus only in designated areas, provided the event receives special authorization from the Office of the Vice President for Student Affairs.
  8. Alcoholic beverages are not permitted in any student or University staff office.
  9. The consumption, sale and possession of alcoholic beverages must be confined to the areas specified in this policy.

Anyone carrying open containers of alcoholic beverages and/or consuming alcohol outside of these specified locations will be in violation of University policy, township ordinance and state law and are subject to legal and/or conduct action.

Any disruptive and/or inappropriate behavior resulting from the use of alcoholic beverages will be considered a serious violation of University policy.

B. Illicit-Drug Regulations

The possession or distribution of narcotics, dangerous drugs or controlled dangerous substances that are prohibited by the laws of the federal, state or local government are also clearly prohibited by Kean University and are subject to legal action.

C. Other Sanctions

The above sanctions do not supplant or supersede statutory or administrative law at the state, county or municipal level. Strict compliance with such laws will be the responsibility of all organizations and individuals. Violators of the law may be subject to penalties imposed by a court or other empowered board, agency or commission, in addition to any action taken by the University.

III. Kean University Sanctions for Violation of Standards of Conduct

A. Violation of the Alcohol Policy

  1. Any student found responsible of violating this policy will be responsible of violating the Campus Student Code of Conduct and subject to sanctions commensurate with the offense, i.e., fine, warning, probation, parental notification, suspension or dismissal, as well as revocation of the privilege to consume alcohol on campus and/or to attend University-sponsored events at which alcohol will be served or consumed.
  2. A system of fines/conduct actions has been established by the University:
    1. First Violation – $75 fine and mandatory attendance at an alcohol education program; Office of Community Standards and Student Conduct to be consulted
    2. Second Violation – $125 fine, mandatory attendance at an alcohol education program, and Parental Notification
    3. Third Violation
      1. Non-resident Student – $200
      2. Parental Notification
      3. Resident Student – Residence Contract Termination

All of the above are cumulative for one year, September 1 through August 30. Alcohol violations in the residence halls are appealed to the Office of Residential Student Services. Alcohol violations from non-resident students are handled by the Office of Community Standards and Student Conduct.

B. Violation of Illicit-Drug Policy

  1. The Office of Community Standards and Student Conduct will review each case for conduct action, which may include suspension or expulsion from the University. Only significant extenuating circumstances and/or required enrollment and active participation in a drug rehabilitation program will be considered as a condition of continued enrollment.
  2. Students involved in the distribution or sale in any way of any amount of illicit drugs will be suspended from the University as a minimum sanction. Students involved in the use or possession of illicit drugs will be arrested.
  3. The University reserves the right to evict from the residence halls a resident student involved in the use, possession or sale of illicit drugs at any time during the year.

IV. Legal Sanctions for Drug and Alcohol-Related Offenses

There are numerous local, state and federal laws regarding the inappropriate use of drugs and alcohol. The following is a limited sample of offenses and sanctions. Additional information on local, state and federal laws governing the illegal use of drugs and alcohol may be obtained from the Kean University Police.

The law requires mandatory compliance with these standards of conduct. Therefore, this statement serves notice that conduct sanctions (consistent with local, state and federal law), up to and including suspension/dismissal, termination of employment, referral for prosecution and/or referral to an appropriate rehabilitation/treatment program, will be imposed on students who violate them.

Police officers in New Jersey, including Kean University police officers, under the terms of the Drug Enforcement Action Plan enacted by the state attorney general, have no discretion in regard to the enforcement of the drug laws. Unless a failure to arrest is for the purpose of protecting an ongoing undercover investigation, every police officer is obliged to effect an arrest when probable cause exists to believe that a violation of the drug laws has occurred.

Offense:

Persons who are found guilty of driving while under the influence of alcohol or drugs that impairs the operator’s ability to safely operate a motor vehicle.

Sanction:

First Offense

  • A fine of $250-$400
  • Discretionary imprisonment of up to 30 days
  • Six months to one-year driver’s license suspension
  • 12-48 hours in an Intoxicated Driver Resource Center; $25 a day
  • $1,000 insurance surcharge to be deposited in a Drunk Driving Enforcement Fund

Second Offense

  • A fine of $500-$1,000
  • Imprisonment of not less than two days and up to 90 days
  • Two years license suspension
  • 30 days of community service
  • $100 fine paid to the Drunk Driving Enforcement Fund

Third Offense

  • A fine of $1,000
  • Imprisonment of 180 days; up to 90 days of this penalty may be served performing community service
  • 10 years license suspension
  • $100 surcharge to be deposited in a Drunk Driving Enforcement Fund
  • $1,500 surcharge per year for three years

Offense:

For any person under the legal drinking age to enter any licensed premise with intent to purchase any alcoholic beverage, or person of legal drinking age with intent to purchase any alcoholic beverage for someone under the legal drinking age.

Sanction:

  • Minimum up to $1000 fine
  • Mandatory one-year driver’s license suspension
  • Mandatory participation in an Alcohol Education Program
  • Up to 6 month’s imprisonment

Offense:

The use of an altered driver’s license as identification

Sanction:

  • Up to $1,000 fine
  • Up to one year’s imprisonment

Offense:

Consumption of an alcoholic beverage in a motor vehicle by either driver or passenger

Sanction:

  • $200 fine

Offense:

Unlawful use of a prescription drug

Sanction:

  • Up to $1,000 fine
  • Up to 180 day imprisonment

Offense:

Possession of a controlled substance depends on the schedule of the drug

Sanction:

  • Up to five years’ imprisonment
  • Up to $25,000 fine
  • Six months’ suspension of driver’s license

Offense:

Growing marijuana depends upon the amount

Sanction:

Under 1 ounce:

  • $10,000 fine
  • Up to 18 month’s imprisonment

1 ounce – 5 pounds:

  • $25,000 fine
  • Up to 3-5 years imprisonment

Offense:

Distribution of anabolic steroids depends on the chemical being distributed

Sanction:

  • Up to $7,500 fine
  • Between 5 and 10-year prison term

V. The Dangers of Mixing Alcohol And Drugs

Because alcohol and many other drugs affect the same areas of the brain, taking them simultaneously or even fairly close together can produce a combined effect much greater than anticipated. Of the 100 most frequently prescribed drugs, more than half contain at least one ingredient known to react adversely with alcohol. If you want to drink when you are taking medication, three actions may save your life:

  1. Read the warning on nonprescription drug labels or those on your prescription containers.
  2. Ask your doctor about possible alcohol-drug interactions.
  3. Check with your pharmacist if you have any questions about your medicines, especially those you can buy without a doctor’s prescription.

VI. Alcohol and Drug Services

Kean University is committed to maintaining an environment that is free from substance abuse. That commitment involves both preventive measures through educational means as well as treatment for existing problems through on-campus counseling and off-campus referrals.

A. Preventive Measures

  1. Inclusion of alcohol education in the transition to Kean classes.
  2. Availability of free, anonymous, individualized screenings for alcohol and marijuana.
  3. Workshops and seminars related to alcohol and drug use.
  4. Alcohol, Tobacco, and Other Drug Task Force (AToD).

B. On-Campus Services

Training of resident students and staff

Students are encouraged to seek help for problems with alcohol and substance abuse. The Kean Counseling Center provides the following services:

  1. Evaluations and assessments
  2. Short-term individual counseling
  3. Psycho educational Groups
  4. Educational programs and information
  5. Referral services

Designer Drugs Labeled as “Bath Salts”

Intervening to stop an imminent threat to public safety and health, Attorney General Paula T. Dow and Thomas R. Calcagni, Acting Director of the State Division of Consumer Affairs, announced an Order of the Acting Director to ban the manufacture, distribution, sale, and possession of designer drugs labeled as “bath salts.”

Effectively immediately, the order adds six chemicals associated with designer drugs labeled as “bath salts” to the list of Schedule I Controlled Dangerous Substances in New Jersey. As Schedule I CDS, the drugs are now subject to the strictest level of state control. Manufacture, distribution, sale, or possession of the chemicals is now a third-degree crime. Violators may be subject to a fine of up to $25,000 and imprisonment for a three to five year term.

Designer drugs labeled as “bath salts” are associated with intense, severe side effects that have led to suicidal thoughts, self-mutilation, and violent outbursts. Psychological side effects include extreme anxiety and paranoia, delusional thinking, and visual and auditory hallucinations. Physical side effects include dramatically increased blood pressure and heart rates, and chest pains so severe some users feared they were dying.

To learn more about this Order, or report information about the manufacture, distribution, sale or possession of the so-called “bath salts” drugs, contact the NJ Division of Consumer Affairs at (800) 242-5846.

SOURCE: http://www.njconsumeraffairs.gov/press/BathSalts.htm

Students Convicted Of Possession Or Sale Of Drugs

HEA Section 484(r) 34 CFR 668.40

A federal or state drug conviction can disqualify a student for Federal Student Aid (FSA) funds. The student self-certifies in applying for aid that he is eligible (FAFSA question 23c).

Convictions count against a student for aid eligibility purposes if:

  • They were for an offense that occurred during a period of enrollment for which the student was receiving federal student aid;
  • Or unless the student was denied federal benefits for drug trafficking by a federal or state judge.

Conversely, a conviction that was reversed, set aside, or removed from the student’s record does not count, nor does one received when he was a juvenile, unless he was tried as an adult.

The chart below illustrates the period of ineligibility for FSA funds, depending on whether the conviction was for sale or possession and whether the student had previous offenses. (A conviction for sale of drugs includes convictions for conspiring to sell drugs.)

 

Possession

Sale

1st Offense

1 year from date of Conviction

2 years from date of conviction

2nd Offense

2 years from date of conviction

Indefinite period

3+ Offenses

Indefinite

 

 

If the student was convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, the student will be ineligible for the longer period.

The school will provide each student who becomes ineligible for FSA funds due to a drug conviction a written notice of his loss of eligibility and the methods whereby he can become eligible again.

Regaining Eligibility

A student regains eligibility the day after the period of ineligibility ends or when he successfully completes a qualified drug rehabilitation program that includes passing two unannounced drug tests given by such a program. Further drug convictions will make him ineligible again.

Students denied eligibility for an indefinite period can regain it, either after successfully completing a rehabilitation program (as described below, which includes passing two unannounced drug tests from such a program), or if a conviction is reversed, set aside, or removed from the student’s record so that fewer than two convictions for sale or three convictions for possession remain on the record. In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. It is the student’s responsibility to certify that he has successfully completed the rehabilitation program.

When a student regains eligibility during the award year, he may be awarded Pell Grant, TEACH, and Campus-Based aid for the current payment period and Direct Loans for the period of enrollment.

Standards for a qualified drug rehabilitation program:

  • A qualified drug rehabilitation program must include at least two unannounced drug tests and satisfy at least one of the following requirements:
  • Be qualified to receive funds directly or indirectly from a federal, state, or local government program.
  • Be qualified to receive payment directly or indirectly from a federally or state licensed insurance company.
  • Be administered or recognized by a federal, state, or local government agency or court.
  • Be administered or recognized by a federally or state-licensed hospital, health clinic, or medical doctor.

A student, who will need to enter such a program, must first be sure that the program meets these requirements.

SOURCE: FSA HB APR 2013

ORGAN DONATION

July 26, 2007, Governor Jon S. Corzine signed bill A1190 which requires the placement of organ donation information and materials at public institutions of higher education. This legislation helps to boost public awareness of the benefits of organ and tissue donation and increase participation in donation programs across the state.

How to Become an Organ and/or Tissue Donor

To become an organ and/or tissue donor you should:

  1. Make it a license to save lives. Make the donor designation on your New Jersey driver’s license or ID card. This is the most important and direct way to make your wishes known. The words “Organ Donor” will appear on the front of your license and will be included in your computer record with the Motor Vehicle Commission. For more information or to sign up to be notified when an online registry is available, visit www.donatelifenj.org.
  2. You should tell your family about your decision so they understand your wishes. If there is no designation on your driver’s license or other legal means of donor designation, the final decision about organ and tissue donation will be made by your family. Your wishes can also be made through advance directives and living wills.
  3. Until you get to the Motor Vehicle Commission and make your donor designation, you can also sign and carry an organ donor card. Please note that while the donor card allows you to legally express your wishes, it must be accessible at the time of your passing as it is not connected to any registry.

SOURCE: http://www.sharenj.org

SMOKE-FREE AIR ACT AND KEAN UNIVERSITY NO SMOKING POLICY

Kean University is “Smoke Free”; this means that in following with the NJ State regulations of the smoke free air act, Kean updated it’s policy and prohibits smoking in any and all public buildings on campus, private offices, maintenance areas, including all state vehicles and no smoking in or around the grounds of the Child Care Facility in Campus School North. In addition, any individuals who must smoke are required to stay a minimum of three (3) feet from any building entrance.

The following is the state’s regulation:

As of April 15, 2006, all indoor workplaces and public places became smoke free. This law, enacted by the Senate and General Assembly of New Jersey, protects employees and the public from second-hand smoke. Signage is required at every public entrance and must be properly maintained where smoking is prohibited. These signs will be placed at all main entrance doors within the next few weeks. Signs also must state that violators may be fined. The following fines can be levied if someone is caught or is turned in for breaking this law:

  • A fine of not less than $250 for the first offense
  • $500 for the second offense
  • $1,000 for each subsequent offense

Enforcement at Kean University will be the responsibility of all University personnel. Anyone found smoking inside any public buildings on campus, private offices, maintenance areas, or state vehicles will be subject to progressive disciplinary action by the University. Complaints can be reported to the Environmental Health and Safety Officer, Human Resources, 2nd floor, Administration Building.

Sexual Harassment and Sexual Misconduct

Sexual Harassment Policy Statement

Sexual harassment in any form will not be tolerated at Kean University. Sexual harassment violates the dignity and rights of individuals and the moral conscience of the University community. In addition, it is a form of sexual discrimination prohibited by the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq, Title IX of the Education Amendment of 1972 and Title VII of the Civil Rights Act of 1964 (as amended in 1991). The Board of Trustees of Kean University recognizes its responsibility to ensure a working and learning environment free from discrimination, including sexual harassment. The University prohibits sexual harassment in accordance with campus policies and state and federal law.

The University follows the New Jersey State Policy Prohibiting Discrimination in the Workplace (Policy). Depending on the complaint, violations of the policy may be adjudicated through the Kean University student conduct process or the Office of Affirmative Action Programs.

All complaints of sexual harassment by employees should be brought to the attention of the Affirmative Action Officer immediately. Delayed reporting may impede a satisfactory resolution or hamper a proper investigation.

Contact Person:

Dr. Charlie Williams
Affirmative Action Programs
Townsend Hall, Room 133
(908) 737-3330

Sexual harassment by students should be reported to the Office of the Vice President for Student Affairs or the Office of Community Standards and Student Conduct immediately.

Gender-Based Misconduct Policy

Introduction

Members of the University community, guests and visitors have the right to be free from sexual violence. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. The University believes in a zero tolerance policy for gender-based misconduct. When an allegation of misconduct is brought to an appropriate administration’s attention, and a respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated. This policy has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated.

Overview Of Policy Expectations With Respect To Physical Sexual Misconduct

The expectations of our community regarding sexual misconduct can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don’t. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence--without actions demonstrating permission--cannot be assumed to show consent.

Additionally, there is a difference between seduction and coercion. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex.

Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.” Anything but a clear, knowing and voluntary consent to any sexual activity is equivalent to a “no.”

Overview Of Policy Expectations With Respect To Consensual Relationships

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as teacher and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of the faculty/staff handbooks.

The University does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the University. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator-student) are generally discouraged. Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor, and will likely result in the necessity to remove the employee from the supervisory or evaluative responsibilities, or shift the student out of being supervised or evaluated by someone with whom they have established a consensual relationship. This includes RAs and students over whom they have direct responsibility. While no relationships are prohibited by this policy, failure to self-report such relationships to a supervisor as required can result in disciplinary action for an employee.

Sexual Violence — Risk Reduction Tips

Risk reduction tips can often take a victim-blaming tone, even unintentionally. With no intention to victim-blame, and with recognition that only those who commit sexual violence are responsible for those actions, these suggestions may nevertheless help you to reduce your risk experiencing a non-consensual sexual act. Below, suggestions to avoid committing a non-consensual sexual act are also offered:

  1. If you have limits, make them known as early as possible.
  2. Tell a sexual aggressor “NO” clearly and firmly.
  3. Try to remove yourself from the physical presence of a sexual aggressor.
  4. Find someone nearby and ask for help.
  5. Take affirmative responsibility for your alcohol intake/drug use and acknowledge that alcohol/drugs lower your sexual inhibitions and may make you vulnerable to someone who views a drunk or high person as a sexual opportunity.
  6. Take care of your friends and ask that they take care of you. A real friend will challenge you if you are about to make a mistake. Respect them when they do.

If you find yourself in the position of being the initiator of sexual behavior, you owe sexual respect to your potential partner. These suggestions may help you to reduce your risk for being accused of sexual misconduct:

  1. Clearly communicate your intentions to your sexual partner and give them a chance to clearly relate their intentions to you.
  2. Understand and respect personal boundaries.
  3. DON’T MAKE ASSUMPTIONS about consent; about someone’s sexual availability; about whether they are attracted to you; about how far you can go or about whether they are physically and/or mentally able to consent. If there are any questions or ambiguity then you DO NOT have consent.
  4. Mixed messages from your partner are a clear indication that you should stop, defuse any sexual tension and communicate better. You may be misreading them. They may not have figured out how far they want to go with you yet. You must respect the timeline for sexual behaviors with which they are comfortable.
  5. Don’t take advantage of someone’s drunkenness or drugged state, even if they did it to themselves.
  6. Realize that your potential partner could be intimidated by you, or fearful. You may have a power advantage simply because of your gender or size. Don’t abuse that power.
  7. Understand that consent to some form of sexual behavior does not automatically imply consent to any other forms of sexual behavior.
  8. Silence and passivity cannot be interpreted as an indication of consent. Read your potential partner carefully, paying attention to verbal and non-verbal communication and body language.

In campus hearings, legal terms like “guilt, “innocence” and “burdens of proof” are not applicable, but the University never assumes a student is in violation of University policy. Campus hearings are conducted to take into account the totality of all evidence available, from all relevant sources.

The University reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect students’ rights and personal safety. Such measures include, but are not limited to, modification of living arrangements, interim suspension from campus pending a hearing, and reporting the matter to the local police. Not all forms of sexual misconduct will be deemed to be equally serious offenses, and the University reserves the right to impose different sanctions, ranging from verbal warning to expulsion, depending on the severity of the offense. The University will consider the concerns and rights of both the complainant and the person accused of sexual misconduct.

SEXUAL MISCONDUCT OFFENSES INCLUDE, BUT ARE NOT LIMITED TO:

  1. Sexual Harassment
  2. Non-Consensual Sexual Contact (or attempts to commit same)
  3. Non-Consensual Sexual Intercourse (or attempts to commit same)
  4. Sexual Exploitation

1. SEXUAL HARASSMENT:

Sexual Harassment is

  • unwelcome, gender-based verbal or physical conduct that is,
  • sufficiently severe, pervasive and objectively offensive that it,
  • unreasonably interferes with, limits or deprives someone of the ability to participate in or benefit from the University’s educational program and/or activities, and is
  • based on power differentials (quid pro quo), the creation of a hostile environment , or retaliation.

Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.

2. NON-CONSENSUAL SEXUAL CONTACT:

Non-Consensual Sexual Contact is

  • any intentional sexual touching,
  • however slight,
  • with any object,
  • by a man or a woman upon a man or a woman,
  • that is without consent and/or by force.

Sexual Contact includes:

  • Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

3. NON-CONSENSUAL SEXUAL INTERCOURSE:

Non-Consensual Sexual Intercourse is

  • any sexual intercourse
  • however slight,
  • with any object,
  • by a man or woman upon a man or a woman,
  • that is without consent and/or by force.

Intercourse includes:

  • vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

4. SEXUAL EXPLOITATION

Occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  • Invasion of sexual privacy;
  • prostituting another student;
  • non-consensual video or audio-taping of sexual activity;
  • going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
  • engaging in voyeurism;
  • knowingly transmitting an STI or HIV to another student;
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation

ADDITIONAL APPLICABLE DEFINITIONS:

  • Consent: Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
    • Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
    • Previous relationships or prior consent cannot imply consent to future sexual acts.
  • Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll do what you want.”).
    • Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
    • NOTE: There is no requirement that a party resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.
    • In order to give effective consent, one must be of legal age.
    • Sexual activity with someone who one should know to be -- or based on the circumstances should reasonably have known to be -- mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this policy.
  • Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction).
  • This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/
  • Use of alcohol or other drugs will never function as a defense for any behavior that violates this policy.

The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this policy. For reference to the pertinent state statutes on sex offenses, please see the New Jersey State Police web site at www.state.nj.us/njsp.

SANCTION STATEMENT

Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Contact (where no intercourse has occurred) will likely receive a sanction ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*

Any student found responsible for violating the policy on Non-Consensual or Forced Sexual Intercourse will likely face a recommended sanction of suspension or expulsion.*

Any student found responsible for violating the policy on sexual exploitation or sexual harassment will likely receive a recommended sanction ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*

*The conduct officer reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the initial hearing officers nor conduct officers will deviate from the range of recommended sanctions unless compelling justification exists to do so.

EXAMPLES

  1. Amanda and Bill meet at a party. They spend the evening dancing and getting to know each other. Bill convinces Amanda to come up to his room. From 11:00pm until 3:00am, Bill uses every line he can think of to convince Amanda to have sex with him, but she adamantly refuses. He keeps at her, and begins to question her religious convictions, and accuses her of being “a prude.” Finally, it seems to Bill that her resolve is weakening, and he convinces her to give him a “hand job” (hand to genital contact). Amanda would never had done it but for Bill’s incessant advances. He feels that he successfully seduced her, and that she wanted to do it all along, but was playing shy and hard to get. Why else would she have come up to his room alone after the party? If she really didn’t want it, she could have left. Bill is responsible for violating the University Non-Consensual or Forced Sexual Contact policy. It is likely that a University hearing officer would find that the degree and duration of the pressure Bill applied to Amanda are unreasonable. Bill coerced Amanda into performing unwanted sexual touching upon him. Where sexual activity is coerced, it is forced. Consent is not effective when forced. Sex without effective consent is sexual misconduct.
  2. Jiang is a junior at Kean University. Beth is a sophomore. Jiang comes to Beth’s dorm room with some mutual friends to watch a movie. Jiang and Beth, who have never met before, are attracted to each other. After the movie, everyone leaves, and Jiang and Beth are alone. They hit it off, and are soon becoming more intimate. They start to make out. Jiang verbally expresses his desire to have sex with Beth. Beth, who was abused by a baby-sitter when she was five, and has not had any sexual relations since, is shocked at how quickly things are progressing. As Jiang takes her by the wrist over to the bed, lays her down, undresses her, and begins to have intercourse with her, Beth has a severe flashback to her childhood trauma. She wants to tell Jiang to stop, but cannot. Beth is stiff and unresponsive during the intercourse. Is this a policy violation? Jiang would be held responsible in this scenario for Non Consensual Sexual Intercourse. It is the duty of the sexual initiator, Jiang, to make sure that he has mutually understandable consent to engage in sex. Though consent need not be verbal, it is the clearest form of consent. Here, Jiang had no verbal or non-verbal mutually understandable indication from Beth that she consented to sexual intercourse. Of course, wherever possible, students should attempt to be as clear as possible as to whether or not sexual contact is desired, but students must be aware that for psychological reasons, or because of alcohol or drug use, one’s partner may not be in a position to provide as clear an indication as the policy requires. As the policy makes clear, consent must be actively, not passively, given.
  3. Kevin and Amy are at a party. Kevin is not sure how much Amy has been drinking, but he is pretty sure it’s a lot. After the party, he walks Amy to her room, and Amy comes on to Kevin, initiating sexual activity. Kevin asks her if she is really up to this, and Amy says yes. Clothes go flying, and they end up in Amy’s bed. Suddenly, Amy runs for the bathroom. When she returns, her face is pale, and Kevin thinks she may have thrown up. Amy gets back into bed, and they begin to have sexual intercourse. Kevin is having a good time, though he can’t help but notice that Amy seems pretty groggy and passive, and he thinks Amy may have even passed out briefly during the sex, but he does not let that stop him. When Kevin runs into Amy the next day, he thanks her for the wild night. Amy remembers nothing, and decides to make a complaint to the Dean. This is a violation of the Non-Consensual Sexual Intercourse Policy. Kevin should have known that Amy was incapable of making a rational, reasonable decision about sex. Even if Amy seemed to consent, Kevin was well aware that Amy had consumed a large amount of alcohol, and Kevin thought Amy was physically ill, and that she passed out during sex. Kevin should be held accountable for taking advantage of Amy in her condition. This is not the level of respectful conduct expected of students.

OTHER MISCONDUCT OFFENSES (WILL FALL UNDER TITLE IX WHEN GENDER-BASED)

  1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
  2. Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender;
  3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
  4. Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the University community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy);
  5. Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).
  6. Violence between those in an intimate relationship to each other;
  7. Stalking, defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.

CONFIDENTIALITY, PRIVACY AND REPORTING POLICY

Institutions must clearly articulate who are “responsible employees” under Title IX for purposes of initiating notice and/or investigation, and those who have more discretion on how they act in response to notice of gender-based discrimination. Different people on campus have different reporting responsibilities and different abilities to maintain confidentiality, depending on their roles at the University and upon University policy.

When consulting campus resources, all parties should be aware of confidentiality, privacy and mandatory reporting in order to make informed choices. On campus, some resources can offer you confidentiality, sharing options and advice without any obligation to tell anyone unless you want them to. Other resources are expressly there for you to report crimes and policy violations and they will take action when you report your victimization to them. Most resources on campus fall in the middle of these two extremes. Neither the University nor the law requires them to divulge private information that is shared with them except in certain circumstances, some of which are described below. A victim may seek assistance from these University officials without starting a formal process that is beyond the victim’s control, or violates her/his privacy.

To Report Confidentially

If one desires that details of the incident be kept confidential, they should speak with on-campus mental health counselors, campus health service providers or off-campus rape crisis resources who can maintain confidentiality. Campus counselors are available to help you free of charge, and can be seen on an emergency basis. In addition, you may speak on and off-campus with members of the clergy and chaplains, who will also keep reports made to them confidential.

Reporting to those who can maintain the privacy of what you share

You can seek advice from certain resources that are not required to tell anyone else your private, personally identifiable information unless there is cause for fear for your safety, or the safety of others. These are individuals who the University has not specifically designated as “responsible employees” for purposes of putting the institution on notice and for whom mandatory reporting is required, other than in the stated limited circumstances. These resources include those without supervisory responsibility or remedial authority to address sexual misconduct, such as RAs, faculty members, advisors to student organizations, career services staff, admissions officers, student activities personnel, and many others. If you are unsure of someone’s duties and ability to maintain your privacy, ask them before you talk to them. They will be able to tell you, and help you make decisions about who can help you best.

Some of these resources, such as RAs, should be instructed to share incident reports with their supervisors, but they will not share any personally identifiable information about your report unless you give permission, except in the rare event that the incident reveals a need to protect you or other members of the community. If you are personally identifiable information is shared, it will only be shared as necessary with as few people as possible, and all efforts will be made to protect your privacy.

Non-confidential reporting options

You are encouraged to speak to officials of the institution to make formal reports of incidents (Deans, Vice Presidents, or other administrators with supervisory responsibilities, campus security, and human resources). The University considers these people to be “responsible employees.” Notice to them is official notice to the institution. You have the right and can expect to have incidents of sexual misconduct to be taken seriously by the institution when formally reported, and to have those incidents investigated and properly resolved through administrative procedures. Formal reporting means that only people who need to know will be told, and information will be shared only as necessary with investigators, witnesses, and the accused individual.

Federal Statistical Reporting Obligations

Certain campus officials have a duty to report sexual misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student affairs, student conduct, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Federal Timely Warning Reporting Obligations

Victims of sexual misconduct should also be aware University administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The University will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.

If you are sexually assaulted:

  1. Get to a safe place and, if possible, contact someone you trust so that you are not alone.
  2. Do NOT wash or douche. Valuable evidence could be destroyed.
  3. Do NOT remove clothing. It will later be collected as evidence. Undergarments are especially significant.
  4. Kean University strongly encourages ALL victims of sexual assault to report the incident to University police immediately, or as soon as possible following the assault.
  5. The University Police Department is available 24 hours a day, seven days a week to provide assistance to victims of sexual assault. Students may go to the department on the first floor at Downs Hall or call (908) 737-4840. Counseling referrals and medical attention are given priority along with a thorough investigation of the complaint.
  6. The Union County Rape Crisis Center may be contacted to assist during the investigation and medical procedures. Call the center at (908) 233-7273. It has a 24-hour hotline. The center is located at 300 North Avenue East, Westfield, NJ 07090.
  7. Students of Kean are also encouraged to contact the Kean Counseling Center (KCC) for personal support and short-term counseling. The center is located in Downs Hall, Room 127, or call (908) 737-4850.
  8. Know that you need not answer questions from people not associated with the investigation.

The Kean Counseling Center is the primary campus resource for members of the University community for information, educational programs, crisis intervention, short-term counseling and referral services regarding issues of sexual assault.

Each year programs are presented to increase awareness of the realities of sexual violence and the problems created by it. Topics have included: sexual harassment, date/acquaintance rape and incest/childhood sexual abuse. All members of the University community are encouraged to attend these events.

Sexual Misconduct Grievance Process

Definitions

Sexual Harassment: Unwelcome, gender-based verbal or physical conduct is sufficiently severe, pervasive and objectively offensive that it unreasonably interferes with, limits or deprives someone of the ability to participate in or benefit from the University’s educational program. The unwelcome behavior may be based on power differentials (quid pro quo), the creation of a hostile environment or retaliation. Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwanted sexual attention; to punish a refusal to comply; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.

Discrimination: Any distinction, preference, advantage for or detriment to an individual compared to others that is based upon an individual’s actual or perceived gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation that is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the University’s educational program or activities.

Discriminatory Harassment: Detrimental action based on an individual’s actual or perceived gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status that is so severe, pervasive and objectively offensive that it interferes with or limits a student’s ability to participate in or benefit from the University’s educational program or activities.

Retaliatory Harassment: Intentional action taken by an accused individual or allied third party, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for filing or participating in a sexual misconduct grievance proceeding.

Sexual Harassment of a Student by another Student: Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a student toward another student that is so severe, pervasive and objectively offensive that it interferes with or limits a student’s ability to participate in or benefit from the University’s educational program or activities.

Sexual Harassment of a Faculty/Staff Member by a Student: Any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed toward a faculty/staff member by a student that is so severe, pervasive and objectively offensive that it substantially interferes with employment or living conditions or deprives the individual of employment access or benefits.

Sexual Harassment of a Student by a Faculty/Staff Member: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by a faculty or staff member toward a student are held to constitute sexual harassment when:

  • Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating an individual’s educational development or performance; or
  • Such conduct is so severe, pervasive and objectively offensive that it interferes with or limits a student’s ability to participate in or benefit from the University’s educational program and activities.

While a particular interaction must be offensive to both a reasonable person and to the victim to be defined as harassment, faculty and staff members and other persons of authority should be sensitive to questions about mutuality of consent that may be raised and to the conflict of interests that are inherent in personal relationships that result from professional and educational interactions. Harassment is particularly damaging when it exploits the educational dependence and trust between students and faculty/staff. When the authority and power inherent in faculty/staff relationships with students, whether overtly, implicitly, or through misinterpretation, is abused in any way, there is potentially great damage to the individual student, to the accused individual, and to the climate of the institution.

Complaints Concerning Discrimination and/or Harassment

The University does not permit discrimination or harassment in our programs and activities on the basis of race, color, national origin, sex, gender identity, sexual orientation, disability, age, religion, or any other characteristic protected by institutional policy or state, local, or federal law. Students who believe they have been subjected to discrimination or harassment in violation of this policy should follow the procedure outlined in this Code to report these concerns.

This process involves an immediate initial investigation to determine if there is reasonable cause to believe the nondiscrimination policy has been violated. If so, the University will initiate a prompt, thorough and impartial investigation. This investigation is designed to provide a fair and reliable determination about whether the University nondiscrimination policy has been violated. If so, the University will implement a prompt and effective remedy designed to end the discrimination, prevent its recurrence and address its effects.

Students who wish to report a concern or complaint relating to discrimination or harassment may do so by reporting the concern to the University Title IX Coordinator:

Dr. Charlie Williams, Director
Affirmative Action Programs
Townsend Hall, Room 133
(908) 737-3330.

Individuals with complaints of this nature also always have the right to file a formal complaint with the United States Department Education:

Office for Civil Rights (OCR)
400 Maryland Avenue, SW
Washington, DC 20202-1100

Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr

Formal and Informal Grievance Procedure for Student Complaints

This procedure is intended to apply to student grievances against employees, employee civil rights grievances against students, and student-on-student civil rights grievances. All other grievances by students against students or employees against students will be addressed through the student conduct procedures located elsewhere in this Code.

The University community benefits from formal and informal procedures that encourage prompt resolution of complaints and concerns that students may have about the implementation of policies and procedures that govern the institution.

Informal Dispute Resolution Efforts: A Useful First Step before Filing Formal Complaints

Before pursuing the formal complaint process, every reasonable effort should be made to constructively resolve issues with faculty, staff, or administrators, including following procedures for formal appeal. Whenever possible and safe, the problem or complaint should first be discussed with the individual involved in the complaint. If satisfactory resolution is not reached after discussion with the individual, the student should contact the individual’s direct supervisor to attempt to resolve the complaint. If these efforts are unsuccessful, the formal complaint process may be initiated. The University does not require a student to contact the person involved or that person’s supervisor if doing so is impracticable, or if the student believes that the conduct cannot be effectively addressed through informal means

Formal Grievance Process:

The Office of Community Standards and Student Conduct is designated to formally investigate student grievances, address inquiries and coordinate the University’s compliance efforts regarding student complaints and grievances. Notice of a formal complaint can be made in person or orally to an appropriate official, but the University strongly encourages submission of grievances [in writing, by email attachment as a MS Word or pdf document] to Dr. Charlie Williams, Director, Affirmative Action Programs.

The grievance should clearly and concisely describe the alleged incident(s), when and where it occurred, and the desired remedy sought. The grievance should be signed by the initiator or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the grievant. Any supporting documentation and evidence should be referenced within the body of the formal grievance. Additionally, the initiator of a formal grievance should submit any supporting materials in writing as quickly as is practicable.

The grievant’s supporting documentation should clearly demonstrate all informal efforts, if any, to resolve the issue(s) with the person involved and the person’s supervisor. This includes names, dates and times of attempted or actual contact along with a description of the discussion and the manner of communication made in the course of each effort. If contacting the person involved and/or the supervisor is impracticable, the grievant should state the reasons why.

Upon receipt of a grievance the Office of Community Standards and Student Conduct will open a formal case file and assign a hearing officer who will direct the investigation and confer with the Title IX Coordinator on interim action, accommodations for the alleged victim, or other necessary remedial short-term actions.

The officer will then take the following steps:

  • In coordination with the campus Title IX Coordinator, initiate any necessary remedial actions;
  • Determine the identity and contact information of the complainant (whether that be the initiator, the alleged victim, or a University proxy or representative);
  • Identify the correct policies allegedly violated;
  • Conduct an immediate initial investigation to determine if there is reasonable cause to charge the accused individual, and what policy violations should be alleged as part of the complaint;
  • - If there is insufficient evidence to support reasonable cause, the grievance should be closed with no further action;
  • Meet with the complainant to finalize the complaint and
  • Prepare the notice of charges on the basis of the initial investigation;
  • Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the accused individual, who may be given notice prior to or at the time of the interview;
  • Complete the investigation promptly, and without unreasonable deviation from the intended timeline;
  • Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not);
  • Present the findings to the accused individual, who may accept the findings, accept the findings in part and reject them in part, or may reject all findings;
  • Share the findings and update the complainant on the status of the investigation and the outcome.

Where the accused individual is found not responsible for the alleged violation(s), the investigation should be closed. Where the accused individual accepts the finding that s/he violated University policy, the Office of Community Standards and Student Conduct will impose appropriate sanctions for the violation, after consultation with the Title IX Coordinator. The University will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the university community.

In the event that the accused individual rejects the findings in part or entirely, the Office of Community Standards and Student Conduct will convene a hearing under its respective procedures to determine whether the accused individual is in violation of the contested aspects of the complaint. At the hearing, the findings of the investigation will be admitted, but are not binding on the decider(s) of fact. The hearing officer(s) may give evidence. The hearing will determine whether it is more likely than not that the accused individual violated the policies forming the basis of the charge. The goal of the hearing is to provide an equitable resolution via an equitable process, respecting the civil and legal rights of all participants.

The Office of Community Standards and Student Conduct has final decision making authority with regard to formal complaints, subject to appeal. Where an accused individual is found in violation, the Office of Community Standards and Student Conduct will impose appropriate sanctions for the violation, after consultation with the Title IX Coordinator. The University will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the University community. Appeal proceedings as described in this Code will apply to all parties to the complaint.

Elaboration on Student Participation in the Grievance Process

The hearing officer from the Office of Community Standards and Student Conduct will contact or request a meeting with the initiator of the formal grievance, and the complainant (if different people). The investigator also may contact or request a meeting with relevant University staff, students, or others as part of the investigation. The complainant may request to meet and discuss the allegations of the grievance with the hearing officers and may offer any documentation, witnesses, or other materials in support of the complaint. The complainant has the option to have an advocate during a meeting with the hearing officer to discuss the documentation submitted by the student in support of the grievance. Such an advocate should be a member of the University community: student, faculty member, academic advisor, or staff member, unless leave is given by the Office of Community Standards and Student Conduct upon request for an advocate from outside the University community.

The complainant must advise the hearing officer of the identity of an advocate or witness at least two (2) business days before the date of the meeting with the hearing officer. During a meeting with the hearing officer, an attorney acting as a lawyer may not serve as the student’s advocate or formally represent the student. These procedures are entirely administrative in nature and are not considered legal proceedings. No audio or video recording of any kind other than as required by institutional procedure is permitted, nor is formal legal representation allowed. At the hearing officer’s discretion, the hearing officer may remove anyone disrupting the meeting from the discussion. All these same opportunities and privileges extend to all parties to the complaint.

Time Frame and Grounds for Filing an Appeal Request

In the event that an accused individual accepts the findings of the investigation, those findings cannot be appealed. Sanctions imposed by the Office of Community Standards and Student Conduct post-investigation can be appealed by any party according to the grounds, below. Post-hearing, any party may appeal the findings and/or sanctions only under the grounds described, below.

All sanctions imposed by the original hearing officer will be in effect during the appeal. A request may be made to the Director of Community Standards and Student Conduct for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. Graduation, study abroad, internships/externships, etc. do NOT in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.

The decision of the Office of Community Standards and Student Conduct may be appealed by petitioning the Vice President for Student Affairs. Accused students or complainants must petition within 3-5 business days of receiving the written decision for a review of the decision or the sanctions imposed. Any party who files an appeal must do so in writing to the Office of Community Standards and Student Conduct. The Office of Community Standards and Student Conduct will share the appeal with the other party (e.g., if the accused student appeals, the appeal is shared with the complainant, who may also wish to file a response), and then the Office of Community Standards and Student Conduct will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the Vice President for Student Affairs for initial review to determine if the appeal meets the limited grounds and is timely. The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is forwarded for consideration. The party requesting appeal must show error as the original finding and sanction are presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:

  1. A procedural [or substantive error] occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
  2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included;
  3. The sanctions imposed are substantially disproportionate to the severity of the violation.

If the appeals officer determines that new evidence should be considered, it will return the complaint to the original hearing officer to reconsider in light of the new evidence, only. The reconsideration of the hearing officer is not appealable.

If the appeals officer determines that a material procedural [or substantive] error occurred, it may return the complaint to the original hearing officer with instructions to reconvene to cure the error. In rare cases, where the procedural [or substantive] error cannot be cured by the original hearing officer (as in cases of bias), the appeals officer may order a new hearing on the complaint with a new hearing officer. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the four applicable grounds for appeals.

If the appeals officer determines that the sanctions imposed are disproportionate to the severity of the violation, the appeals officer will return the complaint to the Office of Community Standards and Student Conduct, which may then increase, decrease or otherwise modify the sanctions. This decision is final.

The procedures governing the hearing of appeals include the following:

  • All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
  • Every opportunity to return the appeal to the original hearing officer for reconsideration (remand) should be pursued;
  • Appeals are not intended to be full rehearing of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
  • This is not an opportunity for appeals officers to substitute their judgment for that of the original hearing officer merely because they disagree with its finding and/or sanctions. Appeals decisions are to be deferential to the original hearing officer, making changes to the finding only where there is clear error and to the sanction only if there is a compelling justification to do so;
  • Sanctions imposed are implemented immediately unless the Director of Community Standards and Student Conduct stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
  • The appeals officer will render a written decision on the appeal to all parties within seven (7) business days* from hearing of the appeal. The appeals officer’s decision to deny appeal requests is final.

Special Grievance Process Provisions

  1. Attempted violations
    In most circumstances, University will treat attempts to commit any of the violations listed in the Student Code of Conduct as if those attempts had been completed.
  2. University as Complainant
    As necessary, University reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.
  3. False Reports
    University will not tolerate intentional false reporting of incidents. It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws.
  4. Immunity for Victims and Witnesses
    The University community encourages the reporting of Code of Conduct violations and crimes by victims and witnesses. The University community encourages the reporting of Code of Conduct violations, especially sexual misconduct. Sometimes, victims or witnesses are hesitant to report to University officials or participate in grievance processes because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident. It is in the best interest of this community that as many victims as possible choose to report to University officials, and that witnesses come forward to share what they know. To encourage reporting, University pursues a policy of offering victims of sexual misconduct and witnesses limited immunity from being charged for policy violations related to the sexual misconduct incident. While violations cannot be completely overlooked, the University will provide educational rather than punitive responses, in such cases.
  5. Bystander Engagement
    The welfare of students in our community is of paramount importance. At times, students on and off-campus may need assistance. The University encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, a student who has been drinking underage might hesitate to help take a sexual misconduct victim to the Campus Police). The University pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the University will provide educational options, rather than punishment, to those who offer their assistance to others in need.
  6. Parental Notification
    The University reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. The University may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is not-dependent, the University will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The University also reserves the right to designate which university officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.
  7. Notification of Outcomes
    The outcome of a campus hearing is part of the educational record of the accused student, and is protected from release under a federal law, FERPA. However, the University observes the legal exceptions as follows:
    • Complainants in non-consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking, and relationship violence incidents have an absolute right to be informed of the outcome, essential findings, and sanctions of the hearing, in writing, without condition or limitation.
    • The University may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a university policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction. The University will release this information to the complainant in any of these offenses regardless of the outcome.
  8. Alternative Testimony Options
    For sexual misconduct complaints, and other complaints of a sensitive nature, whether the alleged victim is serving as the complainant or as a witness, alternative testimony options will be given, such a placing a privacy screen in the hearing room, or allowing the alleged victim to testify outside the physical presence of the accused individual, such as by Skype. While these options are intended to help make the alleged victim more comfortable, they are not intended to work to the disadvantage of the accused student.
  9. Past Sexual History/Character
    The past sexual history or sexual character of a party will not be admissible by the other party in the investigation or hearing unless such information is determined to be highly relevant by the hearing officer. All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by the parties must be included in the complaint/response or a subsequent written request, and must be reviewed in advance of the hearing by the Director of Community Standards and Student Conduct. While previous conduct violations by the accused student are not generally admissible as information about the present alleged violation, the Director of Community Standards and Student Conduct may supply previous complaint information to the investigator or may consider it him/herself if s/he is hearing the complaint, only if:
    1. The accused was previously found to be responsible;
    2. The previous incident was substantially similar to the present allegation;
    3. Information indicates a pattern of behavior and substantial conformity with that pattern by the accused student.

STATEMENT OF THE RIGHTS OF THE ALLEGED VICTIM

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to University administrators;
  • The right to be treated with respect by university officials;
  • The right of both accuser and accused to have the same opportunity to have others present (in support or advisory roles) during a campus conduct hearing;
  • The right not to be discouraged by University officials from reporting an assault to both on-campus and off-campus authorities;
  • The right to be informed of the outcome and sanction of any conduct hearing involving sexual assault, usually within 24 hours of the end of the conduct hearing;
  • The right to be informed by University officials of options to notify proper law enforcement authorities, including on-campus and local police, and the option to be assisted by campus authorities in notifying such authorities, if the student so chooses. This also includes the right not to report, if this is the victim’s desire;
  • The right to be notified of available counseling, mental health or student services for victims of sexual assault, both on campus and in the community;
  • The right to notification of and options for, and available assistance in, changing academic and living situations after an alleged sexual misconduct incident, if so requested by the victim and if such changes are reasonably available (no formal complaint, or investigation, campus or criminal, need occur before this option is available). Accommodations may include:
    • Change of an on-campus student’s housing to a different on-campus location;
    • Assistance from University support staff in completing the relocation;
    • Arranging to terminate a housing contract and pro-rating a refund;
    • Exam (paper, assignment) rescheduling;
    • Taking an incomplete in a class;
    • Transferring class sections;
    • Temporary withdrawal;
    • Alternative course completion options.
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right not to have any complaint of sexual misconduct mediated (as opposed to adjudicated);
  • The right to make a victim-impact statement at the campus conduct proceeding and to have that statement considered by the hearing officer in determining its sanction;
  • The right to a campus no contact order against another student who has engaged in or threatens to engage in stalking, threatening, harassing or other improper behavior that presents a danger to the welfare of the complaining student or others;
  • The right to have complaints of sexual misconduct responded to quickly and with sensitivity by campus law enforcement.
  • The right to appeal the [finding and] sanction of the conduct officer, in accordance with the standards for appeal established by the institution;
  • The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;
  • The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness’ identity will not be revealed to the accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to preservation of privacy, to the extent possible and allowed by law;
  • The right to a hearing closed to the public;
  • The right to petition that any conduct officer be removed on the basis of demonstrated bias;
  • The right to bring a victim advocate or advisor to all phases of the investigation and campus conduct proceeding;
  • The right to give testimony in a campus hearing by means other than being in the same room with the accused student;
  • The right to ask the investigator to identify and question relevant witnesses, including expert witnesses;
  • The right to be fully informed of campus conduct rules and procedures as well as the nature and extent of all alleged violations contained within the complaint;
  • The right to have the University compel the presence of student, faculty and staff witnesses, and the opportunity (if desired) to ask questions, directly or indirectly, of witnesses (including the accused student), and the right to challenge documentary evidence.
  • The right to be present for all testimony given and evidence presented before the conduct officer;
  • The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct training;
  • The right to have University policies and procedures followed without material deviation;
  • The right to be informed in advance of any public release of information regarding the complaint;
  • The right not to have released to the public any personally identifiable information about the complainant, without his or her consent.

STATEMENT OF THE ACCUSED STUDENT’S RIGHTS

The rights of accused students should also be prominently indicated.

  • The right to investigation and appropriate resolution of all credible complaints of sexual misconduct made in good faith to university administrators against the accused student;
  • The right to be treated with respect by University officials;
  • The right to be informed of and have access to campus resources for medical, counseling, and advisory services;
  • The right to be fully informed of the nature, rules and procedures of the campus conduct process and to timely written notice of all alleged violations within the complaint, including the nature of the violation and possible sanctions;
  • The right to a hearing on the complaint, including timely notice of the hearing date, and adequate time for preparation;
  • The right not to have irrelevant prior sexual history admitted as evidence in a campus hearing;
  • The right to make an impact statement at the campus conduct proceeding and to have that statement considered by the hearing officer in determining its sanction;
  • The right to appeal the [finding and] sanction of the hearing officer, in accordance with the standards for appeal established by the institution;
  • The right to review all documentary evidence available regarding the complaint, subject to the privacy limitations imposed by state and federal law, at least 48 hours prior to the hearing;
  • The right to be informed of the names of all witnesses who will be called to give testimony, within 48 hours of the hearing, except in cases where a witness’ identity will not be revealed to the accused student for compelling safety reasons (this does not include the name of the alleged victim/complainant, which will always be revealed);
  • The right to a hearing closed to the public;
  • The right to petition that the conduct officer be removed on the basis of bias;
  • The right to have the University compel the presence of student, faculty and staff witnesses, and the opportunity to ask questions, directly or indirectly, of witnesses, and the right to challenge documentary evidence.
  • The right to have complaints heard by conduct and appeals officers who have received annual sexual misconduct adjudication training;
  • The right to have University policies and procedures followed without material deviation;
  • The right to have an advisor or advocate to accompany and assist in the campus hearing process. This advisor can be anyone, including an attorney (provided at the accused student’s own cost), but the advisor may not take part directly in the hearing itself, though they may communicate with the accused student as necessary;
  • The right to a fundamentally fair hearing, as defined in these procedures;
  • The right to a campus conduct outcome based solely on evidence presented during the conduct process. Such evidence shall be credible, relevant, based in fact, and without prejudice;
  • The right to written notice of the outcome and sanction of the hearing;
  • The right to be informed in advance, when possible, of any public release of information regarding the complaint.

 

Campus Sexual Assault Victim’s Bill of Rights

Introduction

A college or university in a free society must be devoted to the pursuit of truth and knowledge through reason and open communication among its members. Academic communities acknowledge the necessity of being intellectually stimulating where the diversity of ideas is valued. Its rules must be conceived for the purpose of furthering and protecting the rights of all members of the University community in achieving these ends.

The boundaries of personal freedom are limited by applicable state and federal laws and institutional rules and regulations governing interpersonal behavior. In creating a community free from violence, sexual assault and non-consensual sexual contact, respect for the individual and human dignity are paramount.

The state of New Jersey recognizes that the impact of violence on its victims and the surrounding community can be severe and long-lasting. Thus, it has established this Bill of Rights to articulate requirements for policies, procedures and services designed to ensure that the needs of victims are met and that the colleges and universities in New Jersey create and maintain communities that support human dignity.

Bill of Rights

The following rights will be accorded to victims of sexual assault that occur:

  • On the campus of any public or independent institution of higher education in the state of New Jersey, and
  • Where the victim or alleged perpetrator is a student at that institution, and/or
  • When the victim is a student involved in an off-campus sexual assault.

Human Dignity Rights

  • To be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy.
  • To have any allegations of sexual assault treated seriously, the right to be treated with dignity.
  • To be free from any suggestion that victims are responsible for the commission of crimes against them.
  • To be free of any pressure from campus personnel to:
    • Report crimes if the victim does not wish to do so;
    • Report crimes as lesser offenses than the victim perceives the crime to be;
    • Refrain from reporting crimes;
    • Refrain from reporting crimes to avoid unwanted personal publicity.
    • Rights to Resources On and Off Campus
  • To be notified of existing campus and community-based medical, counseling, mental health and student services for victims of sexual assault whether or not the crime is formally reported to campus or civil authorities.
  • To have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking such counseling.
  • To be informed of and assisted in exercising any rights to confidential or anonymous testing for sexually transmitted diseases, human immunodeficiency virus and/or pregnancy.
  • Any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.

Campus Judicial Rights

  • To be afforded the same access to legal assistance as the accused.
  • To be afforded the same opportunity to have others present during any campus conduct proceeding as is allowed the accused.
  • To be notified of the outcome of the sexual assault conduct proceeding against the accused.

Legal Rights

  • To have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported.
  • To receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities.
  • To receive full, prompt and victim-sensitive cooperation of campus personnel with regard to obtaining, securing and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault.

Campus Intervention Rights

  • To require campus personnel to take reasonable and necessary actions to prevent further unwanted contact of victims by their alleged assailants.
  • To be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available.

Statutory Mandates

  • Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation.
  • Each campus will make a reasonable effort to ensure that every student at that institution receives a copy of this document.
  • Nothing in this act, or in any Campus Assault Victim’s Bill of Rights developed in accordance with the provisions of this act, will be construed to preclude or in any way restrict any public or independent institution of higher education in the state from reporting any suspected crime or offense to the appropriate law enforcement authorities.

Reporting Sexual Assaults

Victims may go directly to Police Headquarters on the first floor of Downs Hall, or call Police Headquarters directly at 74800. Counseling referrals and medical attention are given priority along with a thorough investigation of the complaint. In case of a rape, the Union County Rape Crisis Center (908) 233-7273 may be contacted to assist the victim through the interview and medical procedures. University police officers also receive specialized training in rape and sex crime investigative techniques and victim assistance. The investigating officer will advise the victim of options available if the victim chooses to file a criminal complaint.

Safe Places for Reporting Allegations of Sexual Assault

  1. Department of Public Safety and Police
    (Downs Hall, (908) 737-4800)
  2. Kean Counseling Center
    (Downs Hall 127, (908) 737-4850)
  3. Health Services
    (Downs Hall 126, (908) 737-4880)
  4. Office of the Vice President for Student Affairs
    (Kean Hall 124, (908) 737-7080)
  5. Office of Residential Student Services
    (Whiteman Hall, (908) 737-6800)
  6. Affirmative Action Office
    (Townsend 133, (908) 737-3330)
  7. Office of Community Standards and Student Conduct
    (University Center 340, (908) 737-5240)

The University works closely with the Union County Rape Crisis Center. The center may be contacted directly by calling (908) 233-RAPE (7273). The center is located at 300 North Avenue, (East) Westfield, NJ 07090.

Campus Conduct Procedures

When someone is charged with a sexual offense, he or she may be subject to sanctions through the University’s Student Code of Conduct process. The University may pursue enforcement of its own rules whether or not legal proceedings are underway or being considered. The University will make no attempt to shield members of the Kean community from the law. Membership in the University community does not exempt anyone from criminal laws, but rather imposes the additional obligation to abide by all of the University’s regulations. The University encourages all members of the Kean community to be aware of both the consequences of sexual assault and the options available to survivors. The University urges survivors to seek assistance using appropriate resources.

Policy on Harassment, Intimidation and Bullying

Minimum Sanction: Probation; Maximum Sanction: Expulsion

Students are prohibited from engaging in harassment, intimidation or bullying. A student will be found responsible for harassment, intimidation or bullying if he or she engages in conduct, including any gesture, written, verbal or physical act, or any electronic communication (which includes e-mails, text messages, and Internet postings on web-sites or other social media), whether it be a single incident or series of incidents, that occurs on the University’s campus, through use of University facilities, or at any function sponsored by the University or any University-related organization, on or off-campus; that is so severe or pervasive and objectively offensive that it substantially disrupts or interferes with the orderly operation of the University or the rights of any student or other member of the University community; and that:

  1. involves intimidation or threats to another person’s safety, rights of personal privacy and property, academic pursuits, University employment, or participation in activities sponsored by the University or organizations or groups related to the University; or
  2. a reasonable person should know, under the circumstances, will have the effect of insulting or demeaning any student or group of students; or
  3. creates an intimidating or hostile environment by substantially interfering with a student’s education, or by materially impairing the academic pursuits, employment or participation of any person or group in the University community, or by severely or pervasively causing physical or emotional harm to the student or other member of the University community; or
  4. a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or other person or damaging the person’s property or placing him/her in reasonable fear of physical or emotional harm to his/her person, or to any member of that person’s family or household, or of damage to his/her property

1. Discriminatory Harassment, Intimidation or Bullying

A student will be found responsible for discriminatory harassment, intimidation or bullying who engages in conduct described above as “harassment, intimidation, or bullying” which the student directs at a specific group or individual, based upon race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality, sex, gender identity or expression, or any other characteristic protected from discrimination by the New Jersey Law Against Discrimination, NJSA 10:5-4.

2. Sexual Harassment

A student will be found responsible for discriminatory harassment who engages in conduct described above as “harassment, intimidation or bullying” which the student directs at a specific individual based on sex, or which would not have occurred but for the individual’s gender, or gender identification, which conduct is unwelcome and substantially interferes with work, educational performance or equal access to the University’s resources and opportunities. Sexual harassment is a violation of Kean University’s Statement on Equal Opportunity, Affirmative Action, Sexual Harassment and Tolerance as well as Title IX of the Education Amendments of 1972, and Title VII of the Civil Rights Act of 1964 (as amended in 1991). Under certain circumstances, sexual harassment may constitute sexual assault or abuse. The University will fully comply with all relevant civil laws prohibiting sexual harassment and all criminal laws concerning sexual assault. Please see the University policy on sexual misconduct at www.kean.edu/KU/Sexual-Misconduct-Policy.

Equity in Athletics Disclosure Act (EADA) and the NCAA Graduation Rates Report

EADA Report

The Equity in Athletics Disclosure Act (EADA) requires that the Secretary of Education collect and provide a report to Congress on financial aid and statistical information on collegiate sports. Each institution of higher education that conducts an intercollegiate athletics program (for men and women) must prepare and submit on an annual basis the EADA Report. The report is due each October 15 for the preceding academic year.

This report is designed to make prospective student-athletes aware of an institution’s commitment in providing an equitable athletics program for both their male and female participants.

The report can be accessed through the NCAA website (www.ncaa.com) and by selecting: “Title IX, Gender Equity Information” or “News and Publications”. The reports of each institution are published by the NCAA each year and the manual can be purchased or viewed through this website. Any student or individual who would like a copy of this report can write the Kean University Athletics Department or stop by and a copy will be given to you.

NCAA Graduation Report

The NCAA collects and publishes the graduation rates of all member NCAA institutions. This information is required from each institution of higher learning on an annual basis which is included in the NCAA Graduation Report which can be accessed through the NCAA website (www.ncaa.com) and selecting “News and Publications”.

The report is designed to make prospective students aware of the graduation rate of the general student-population.

Anyone desiring a copy of the Kean University Graduation Report can write the Kean University Athletics Department or stop by the office and a copy will be provided to you.

Should any individual request copies of these two reports, (parents, faculty, staff or students), the athletics department staff will immediately provide copies as requested.

COMPUTER RELATED ACCEPTABLE USE POLICY

Preamble

Those who do not abide by the policies listed below should expect suspension of computer privileges and referral to the Committee of Discipline. Offenders may also be subject to criminal prosecution under federal and state law, and should expect the Office of Computer and Information Services (OCIS) to pursue such action. As an example, under New Jersey law: “A person is guilty of a crime of the third degree if he purposely and knowingly accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network [2C:20-26 para b.].”

The Office of Computer and Information Services should be notified about violations of computer laws and policies, as well as about potential loopholes in the security of its computer systems and networks. The user community is expected to cooperate with the Office of Computer and Information Services in its operation of computer systems and networks as well as in the investigation of misuse or abuse.

The computer resources and facilities of Kean University are solely for the use of Kean University (registered) students, faculty and staff.

Individuals using these computer systems without authority, or in excess of their authority, are subject to having all computer activities monitored and recorded by OCIS personnel.

In the course of monitoring individuals improperly using a computer system, or in the course of system maintenance, the activities of authorized users may also be monitored.

Anyone using any of the computer facilities at Kean University expressly consents to such monitoring and is advised that is such monitoring reveals possible evidence of criminal activity. OCIS personnel may provide the evidence of such monitoring to law enforcement officials. The legality of such monitoring is governed by 18 U.S.C. section 2510 et seq.

POLICIES

The Kean University policies on Computer and Information Resources include but are not limited to the list below:

  1. You must not use a computer ID that was not assigned by the Kean Office of Computer and Information Services (OCIS). You may not try in any way to obtain a password for another’s computer ID. You may not attempt to disguise the identity of the account or machine you are using.
  2. You must not use the OCIS resources to gain unauthorized access to remoter computers. If you abuse the networks to which the University belongs or the computers at other sites connected to those networks, the University will treat this matter as an abuse of your Kean University computing privileges.
  3. You must not deliberately perform an act that will impact the operation of computer, terminals, peripherals or networks. This includes, but is not limited to, tampering with the components of a local area network (LAN) or the high-speed backbone network, otherwise blocking communication lines or interfering with the operation readiness of a computer.
  4. You must not run or install on any University computer system or network, or give to another, a program which could result in the eventual damage to a file or computer system and/or the reproduction of itself. This is directed towards, but not limited to, the classes of programs known as computer viruses, Trojan horses and worms.
  5. You must not attempt to circumvent data protection schemes or uncover security loopholes.
  6. You must abide by the terms and conditions of all software licensing agreements and copyright laws.
  7. You must not deliberately perform acts that are wasteful of computing resources. These acts include but are not limited to: sending mass mailings or chain letters, obtaining unnecessary output, creating unnecessary multiple jobs or processes, or creating unnecessary network traffic.
  8. The following types of information or software cannot be placed on any system on or off campus:
    • That which infringes upon the rights of another person.
    • That which is abusive, profane or sexually offensive to the average person.
    • That which consists of information which may injure someone else and/or lead to a lawsuit or criminal charges.
    • Examples of these are: pirated software, destructive software, pornographic materials or libelous statements.
    • That which consists of any advertisements for commercial enterprises.
  9. You must not harass others by sending annoying, threatening, libelous, or sexually, racially or religiously offensive messages.
  10. You must not attempt to monitor another user’s data communications, nor may you read, copy, change or delete another user’s files or software, without the permission of the owner.
  11. You must not use any of the University’s micro-computers, workstations or networks for other that a Kean University course, research project or departmental activity. These resources must not be used for personal gain unless in support of Kean University research or a departmental project.
  12. You must not use a computer account for work not specifically authorized for that account. A University-funded account may not be used by its requestor for personal financial gain.
  13. You must not play games using any of the University’s computers or networks, unless for instructional purposes specifically assigned by a professor.

Kean University is a member of JvNCnet. JvNCnet provides Kean University with computer data connectivity to other member organizations and the Internet.

Examples of using JvNCnet are: sending electronic mail to a site off-campus, ftp and telnet sessions which leave Kean University’s computing facilities and connect to computing facilities at another site.

When such activities are engaged, the JvNCnet acceptable use policy must be adhered to.

JvNCnet ACCEPTABLE USE POLICY

This statement represents a guide to the acceptable use of JvNCnet use. In those cases where data communications are carried across other regional networks or the Internet, JvNCnet users are advised that acceptable use policies of those other networks apply and may limit use.

JvNCnet member organizations are expected to inform their users of both the JvNCnet and the NSFNET acceptable use policies.

1. JvNCnet Primary Goals

1.1 JvNCnet, the John von Neumann Computer Network, has been established to: 1) provide the highest quality and optimum access of networking services to the research and educational community of the United States and internationally, 2) offer network resources at the maximum level of cost-efficiency, and 3) promote and facilitate innovation and regional and national competitiveness. These goals remain the standard for excellence in service and price and should not be compromised.

2. JvNCnet Acceptable Use Policy

2.1 All use of JvNCnet must be consistent with JvNCnet’s primary goals.

2.2 It is not acceptable to use JvNCnet for illegal purposes.

2.3 It is not acceptable to use JvNCnet to transmit threatening, obscene or harassing materials.

2.4 It is not acceptable to use JvNCnet so as to interfere with or disrupt network users, services or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer worms and viruses, and using the network to make unauthorized entry to any other machine accessible via the network.

2.5 It is assumed that information and resources accessible via JvNCnet are private to the individuals and organizations which own or hold rights to those resources and information unless specifically stated otherwise by the owners or holders of rights. It is therefore not acceptable for an individual to use JvNCnet to access information or resources unless permission to do so has been granted by the owners or holders of rights to those resources or information.

3. Violation of Policy

3.1 JvNCnet will review alleged violations of Acceptable Use Policy on a case-by-case basis. Clear violations of policy which are not promptly remedied by the member organization may result in the termination of JvNCnet membership and network services to members.

Copyright Compliance and Electronic File Sharing of Media

Kean University Policy on Electronic File Sharing of Media

University computing resources are the property of Kean University, and are provided to current students, faculty, staff members, visitors, and agencies as a privilege rather than a right. Users must comply with all local, state and federal laws, including, but not limited to, laws regarding libel, harassment, privacy, copyright infringement, theft, and threats. All of Kean University’s policies extend to computer use. All persons who use University computer resources have the responsibility to respect and follow the policies set below and to honor the ethical norms associated with the highest standards of professional conduct.

Downloading, copying and sharing material, such as music, movies, games, and applications, for which the copyright holder has not given permission is a violation of Federal copyright law (www.copyright.gov), the Digital Millennium Copyright Act (a federal law which protects the interests of copyright holders in regard to digital mediaas well as, the Kean University Acceptable Use Policy.

More recently the Federal government amended the Higher Education Opportunity Act of 2008 to explicitly outline the process colleges and universities must employ to combat the unauthorized use of copyrighted materials.

Higher Education Opportunity Act 2008

Effective July 1, 2010 all colleges and universities that receive Federal funding for Title IV Programs must be in full compliance with the Higher Education Opportunity Act of 2008 (HEOA), Public Law 110-315, also referred to as H.R. 4137. HEOA requires colleges and universities to proceed as follows to combat the unauthorized distribution of copyrighted materials:

  • Institutions must make an annual disclosure that informs students that the illegal distribution of copyrighted materials may subject them to criminal and civil penalties.
  • Institutions certify to the Secretary of Education that they have developed plans to “effectively combat” the unauthorized distribution of copyrighted material.
  • Institutions, “to the extent practicable,” offer alternatives to illegal file sharing.
  • Institutions identify procedures for periodically reviewing the effectiveness of the plans to combat the unauthorized distribution of copyrighted materials.

University Plan to Keep the Campus Informed and Prevent Electronic Copyright Infringement

Consistent with the University’s academic principles and ethical practices, we view education as the most important element in combating illegal sharing of copyrighted materials. Therefore, in order to use University computing resources, all members of the Kean University community are advised of the Acceptable Computer Use Policy upon accessing the University network.

In addition the following strategies are in place:

  • Effective fall 2010, posters will be mounted in student life areas and various computer labs to discourage illegal file sharing;
  • Computing support staffs, student Help Desk workers, Resident Assistants, and Academic Instructional Mentors, are regularly trained on the University’s policies with respect to copyright issues. Student workers provide an important channel for communicating with the student community;
  • Kean University’s policies and procedures concerning the Digital Millennium Copyright Act and our response to infringement claims are published on the OCIS web site, and in The Guide.
  • Each semester, all University employees will receive an email from the Office of Computer Information Services (OCIS) regarding copyright infringement and related issues, effective July 1, 2010.
  • The 2011 Orientation issue of The Cougars Byte newsletter will include an article outlining the University’s policy concerning illegal downloading of copyrighted materials.
  • A paper copy of the Kean University Policy on Electronic File Sharing of Media will be supplied upon request by contacting the Office of the Vice President for Student Affairs, Kean Hall, room 124, or by calling (908) 737-7080.

Criminal Penalties and University Sanctions for Illegal File Sharing

Federal Copyright Law www.copyright.gov, specifies that the reproduction or distribution of copyrighted work is illegal and the following penalties apply:

Civil and Criminal Penalties for Violation of Federal Copyright Laws

In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

University Procedures and Sanctions for Illegal File Sharing

The Office of Computer Information Services (OCIS) will disable computer network access if a computer appears to be connecting to multiple other computers or exhibiting other properties that violate the University’s network usage policy. When a port is disabled, the registered owner of that computer will be notified that the computer could potentially be compromised, and will be offered contact information to assist in cleaning/repairing the software on that computer. Once the problem has been rectified, the computer will be allowed back on the network. Kean University does not support or tolerate in any way the illegal and/or unauthorized downloading or sharing of copyrighted material and this is an explicit violation of University policy and United States copyright laws.

When notifications of copyright violations are received from recognized groups, such as the Recording Industry Association of America (RIAA), the registered owner of the computer will be notified. Access to the network will be removed for 14 days. After 14 days, if the offending material has been removed, the computer will be allowed back on the network. The appeal process is through the Office of the Vice President for Student Affairs.

A second violation will result in the computer being banned from the network for one month. After one month, if the offending material has been removed, the computer will be allowed back on the network.

A third violation will result in the computer being banned for a semester. In addition, the user will be required to meet with the Office of Community Standards and Student Conduct and further disciplinary action may be taken against the user at that time (http://www.kean.edu/KU/Community-Standards-and-Student-Conduct).

Action by Kean University may be in addition to civil and criminal enforcement actions taken independently.

OCIS Monitoring and Technology-based Deterrents

In order to monitor against misuse of the network, Kean University is utilizing a packet shaper to all but eliminate P2P access from on campus. This plan is reviewed on an annual basis. The plan will continue to be considered successful as long as the University is not receiving “Notice of Claimed Infringement” by a copyright holder.

Frequently Asked Questions

Q: What is copyrighted material?

Copyrighted material that is illegally distributed over the Internet can take many forms including, but not limited to, the following:

  • Music: may take the form of MP3s or WAV files either ripped (or copied) from CDs or downloaded and redistributed without permission.
  • Movies or Television Shows which have been recorded and digitized ripped (or copied) from DVDs, DVRs or TV Cards.
  • Written works: may take the form of eBooks, PDFs, or HTML pages distributed without permission.
  • Photographs: includes graphics copied from other web sites.
  • Software: includes software applications such as games, operating systems, applications that were not purchased by you and have no valid license.

Q: How are copyrighted material distributed illegally?

Copyrighted material is illegally distributed over the Internet by several methods including, but not limited to, the following:

  • Peer-to-peer (P2P) software: consists of many computers connected in a network for uploading and downloading files; these networks use software like BitTorrent, AresWarez, BitComet, Morpheus, DirectConnect, Limewire and many more. FTP (file transfer protocol): consists of one computer serving files to its clients on a continual basis.
  • IRC (internet relay chat): a form of real-time internet chat through which users can create file servers that allow them to share files with others.

Q: How can a copyright holder find out if I have copyrighted materials on my computer?

Copyright holders can search the Internet to determine whether copyrighted material is being illegally distributed. They often search with the same peer-to-peer software (KaZaA, Bit Torrent, mIRC, AresWarez etc.) used by those who share files. To avoid any problems, make sure that you are not making any files available for download that you do not have permission from the copyright owner to share. The simplest way to comply with this is to delete the files or to turn off/uninstall any file sharing software you have on your computer.

When an infringing file is found, a copyright infringement notice is issued to the network provider from which the file was transmitted. Many users sharing illegal files are under the false assumption that by not providing any personal information, or providing false information, there is some anonymity when using these P2P applications. However, any activity on the Internet can be tracked back through your Internet Service Provider to your computer. Kean University, as your Internet Service Provider when you are on campus, will receive these notices, lookup the computer by IP address and forward the warning.

Q: If my computer is found to have copyrighted materials, what steps can the copyright holder take against me?

Copyright owners can file civil suits to recover damages and costs. In many cases, statutory damages of up to $30,000, or up to $150,000 for willful infringement, may be awarded even if there is no proof of actual damages. In addition, in certain cases of willful infringement, the government can file criminal charges, which can result in substantial fines and imprisonment. Use of an academic network does not provide immunity from copyright law, nor can Kean protect its students, faculty, or staff from criminal investigations or lawsuits relating to their personal actions.

Q: How does illegally distributed material, or sharing that material, affect me?

Illegal file sharing affects every user on the Kean University network. If you are on the University’s network either in an office, in a residence hall, in a public lab, or a visitor to our network from off-campus, you can experience the effects of slower Internet speed resulting from illegal file sharing. Most file sharing software also comes bundled with malware such as spyware or adware. Sometimes this malware remains installed on the system even if the original file sharing software is removed, and can be very difficult to eliminate. In many cases such malware can interfere with the correct operation of web browsers, anti-virus and anti-spyware software, software firewalls and can cause degraded performance on affected systems. If you are faculty, staff, or a student using the University network and you are distributing files illegally you may experience:

  • Increased virus attacks against your computer. Spyware installed on your computer without your knowledge. (Especially if using P2P software)
  • Potential lawsuits.

Q: How do I prevent potential copyright problems?

Do not share copyrighted material and uninstall any file sharing software on your computer. If you never install a peer-to-peer program, you will dramatically reduce the chances of your computer being infected by a virus, installing spyware, or being sued.

Q: Is it legal to download or store copyrighted materials on my computer?

Generally, you are infringing copyright if you download or share copyrighted materials on your computer without the permission of the copyright owner, unless fair use or another exemption under copyright law applies. Most downloading over the Internet of commercially available copyrighted works, such as music or movies, through file sharing systems is illegal.

If you purchase/download music, movies or other copyrighted material legally, via iTunes or other legal sites, you are well within your rights unless you then share that material with others who have not paid for it. That would be a copyright violation.

Q: Where can I download legally?

A number of services exist where you can legally download music, software, television shows and movies.

  • iTunes, from Apple (Music, TV, Movies, Audio Books)
  • Napster (Music)
  • Sony Connect (Music)
  • WalMart (Music)
  • Yahoo (Music)
  • MSN (Music)
  • CinemaNow (Movies)
  • Audible.com (Audio Books)
  • Google Video (Movies and TV)

You can now also watch many television shows and other videos free at the following sites:

  • ABC (Many full episodes of ABC shows)
  • CBS Innertube (Many full episodes of CBS shows)
  • NBC Universal (Many full episodes of NBC shows)
  • Google Video
  • YouTube

Frequently Asked Questions borrowed from Rowan University Technology Toolbox: http://www.rowan.edu/toolbox/policies/dmca/index.html

PROCEDURES GOVERNING COMMERCIAL SALES

Kean University is an educational institution. Its fundamental mission is to provide academic and educational programs for its students. Located in a densely populated area, the University’s facilities are limited. Classroom space, parking space, recreational space, housing, office space, and other forums are frequently booked to near capacity by the members of the University Community. For these reasons, the University has prioritized the opportunity for use of its facilities to recognized University organizations and groups, University departments, or members of the University Community. For these same reasons, the University has restricted use of its facilities for commercial sales or solicitations to events that have a relationship to the University Community and the institution’s educational mission.

  1. As a general rule, representatives of off-campus groups or businesses will not be permitted to engage in commercial sales or otherwise solicit in person on-campus. The Reservations Coordinator may grant permission for solicitations and sales by off campus business concerns, consistent with the Standards for Evaluating Requests for Use of University Facilities and Grounds and only when specifically sponsored to do so by a recognized student, faculty, or other employee organization. Use of University facilities and grounds by off campus groups or businesses may be limited to specific times and locations.
  2. Kean University prohibits the advertising, marketing, or merchandising of credit cards to students on University owned, operated, or controlled property, and at any University-sponsored events with out prior approval from the Director of Business Services.
  3. Applications must be made at least four weeks prior to the solicitation and will be reviewed in accord with the Standards for Evaluating Use of University Facilities and Grounds. Use will be subject to the Procedures Governing Use of Facilities and Grounds. These restrictions are not intended to apply to: competitively bid or other contractual arrangements, or to those individuals and organizations not affiliated with the University who are invited on campus to make business presentations, or proposals in order to obtain sponsorship, or to elicit requests for proposals, or contractual agreements with either the University administration or recognized University organizations and groups.

PROCEDURES GOVERNING DISTRIBUTION OF LITERATURE

  1. Recognized University organizations, groups or members of the campus community may utilize sites designated for the sale or distribution of literature, including leaflets, handbills, handouts, newspapers and other written material when not in connection with a scheduled University event by notifying the University Center Administration in accord with general University scheduling procedures at least 24 hours prior to the requested use. Recognized University organizations, groups or members of the campus community must notify Reservation Services of their request to use University facilities or grounds in connection with a scheduled University event at least 72 hours prior to the date of requested use. All use will be subject to review in accord with the Standards for Evaluating Requests for Use of University Facilities and Grounds and to the General Procedures Governing Use of Facilities and Grounds. In the event of scheduling conflicts or other disruption to the orderly operation of the University, the University reserves the right to change the date, time and location of the distribution and if necessary, cancel the event.
  2. In order to avoid scheduling conflicts, and allow sufficient time to evaluate space, security, parking, staffing, and other needs and to plan and organize the allocation of University resources, individuals, organizations or businesses not affiliated with the University must obtain written permission to sell or distribute literature from the University Center Administration, located in University Center room 6, in accord with regular University scheduling procedures and in the case of any sale, must comply with the requirements of the Independent Vendor Policy. Application must be made six working days prior to a scheduled University event, or six weeks prior to the requested date if not in conjunction with a University event, in accordance with University scheduling requirements. All use is subject to review in accordance with the Standards for Evaluating Requests for Use of University Facilities and Grounds and the General Procedures Governing the Use of University Facilities and Grounds.
  3. Sites designated for the sale or distribution of literature includes, the main entrances to the University Center Atrium. Distribution of literature at locations adjacent to University facilities and grounds, including the sites of University events, cannot impede traffic, pedestrian flow, access to or from a facility, or present a threat to public safety.
  4. The total number of people or organizations, distributing or selling literature on-campus or at any one location may be limited. In accordance with general University policy, preference will be given to members of the University community. In acting on requests from non-campus groups or representatives, those sponsored by recognized University organizations or groups will be given preference.
  5. Harassment of members of the University community by those selling or distributing literature, or sale or distribution outside of the hours or locations for which permission has been granted, will be cause for immediate revocation of permission and could result in a suspension of future usage privileges.
  6. Decisions regarding requests under these guidelines will need to take into account both any special circumstances that may relate to University activities and the burden that permission to sell or distribute literature may place on the University’s security force, administrative staff and facilities.
  7. If special circumstances are presented, shorter time lines and different locations may be considered by the University.
  8. The appeal procedures detailed in the General Procedures Governing Use of Facilities and Grounds apply in the event of a challenge to a decision by the University.

The Kean Counseling Center

Kean Counseling Center and the Office of Disability Services

The Kean Counseling Center (KCC) provides counseling, support and psychoeducational programs and activities designed to improve students’ psychological and emotional health in order to help students have a positive and productive university experience. The KCC provides individual and/or group psychotherapy services and programs to address: personal developmental issues related to family concerns, interpersonal relationship problems, childhood trauma, sexual identity concerns, self-esteem issues, depression, anxiety, sexual misconduct/assault or rape, and/or alcohol/drug screening and education. Counseling services are provided by Licensed Social Workers, Licensed Psychologists, Licensed Clinical Alcohol and Drug Counselors, Professional Counselors or Master’s level clinicians, under the supervision of professional staff. A part-time Board Certified psychiatrist is available for consultation when further evaluation and/or medication are needed. All services are free of charge and confidential for Kean University students.

For more information, view the website at http://www.kean.edu/KU/Counseling-Center.

The Office of Disability Services provides assistance and accommodations for students with learning, physical, medical and/or psychological disabilities. The University adheres to the requirements of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Every effort is made to provide students with an equal opportunity to participate in all aspects of college life. Services provided through the Office of Disability Services can include mentoring, academic, career and personal advisement and adaptive testing. Other services provided include instruction in the use of adaptive technology and referral to other University services such as tutoring, counseling and diagnostic testing. Classroom, testing and housing accommodations may be provided to students who demonstrate a need for these accommodations through proper documentation. The Office of Disability Services strives to support students in developing the necessary skills for becoming independent, responsible and successful learners.

For more information, view the website at http://www.kean.edu/KU/Disability-Services.

Making a Counseling Appointment:

The Kean Counseling Center is open Monday through Friday from 9:00 am to 5:00 pm. Call (908) 737-4850 or stop by Downs Hall, room 127 to make an appointment.

Making a Disability Services Appointment:

The Office of Disability Services is located in Downs Hall, room 122. Please call (908) 737-4910 to schedule an initial intake appointment. Recent supporting medical/psychological/educational documentation is required to complete the intake process and provide any necessary accommodations.

Kean Counseling Center - Tips for Helping Students

COUNSELING SERVICES

The Kean Counseling Center is designed to be an essential resource for students seeking assistance in dealing with mental/emotional difficulties. Common areas of concern may include:

  • Family difficulties
  • Depression
  • Anxiety
  • Interpersonal and romantic relationship difficulties
  • Mental health issues that adversely impinge on academic performance

STUDENTS IN DISTRESS

Many students are able to adjust to difficulties in college on their own or with support from family and friends. However, there may be occasions that indicate the need for professional help. You may be in a position to identify and refer students who require additional assistance.

WARNING SIGNALS

  • Marked decline in quality of coursework, grades or class participation
  • Incomplete or missing assignments
  • Memory loss or trouble concentrating
  • Repeated requests for extensions, incompletes or withdrawals
  • Increased absenteeism or tardiness
  • Marked change in the pattern of interaction: anxious, avoidant, distracted, argumentative
  • Depression, lethargy, poor hygiene, sudden weight change, sleeping in class, bizarre, aggressive, morbid or suicidal comments
  • Erratic behavior, sudden mood swings, inappropriate anger, hostility and irritability
  • Statements in a student’s paper that arouse concerns about depression, suicide, an abusive relationship, excessive anger, violent thoughts or other issues
  • Comments about alcohol or drug use
  • Prolonged sad, hopelessness or lowered self esteem
  • Talk of suicide, either directly or indirectly such as, “I won’t be around to take that exam anyway” or “I’m not worried about getting a job, I won’t need one.”

TIPS FOR HELPING TROUBLED STUDENTS

  • Choose a place where you can talk quietly without interruptions. Even a few minutes of your undivided time can provide encouragement.
  • Be honest and focus on the specific signs that alerted you to a possible problem.
  • Remain calm, compassionate and willing to listen. Be aware that the student could respond in a variety of ways. Don’t take negative, indifferent or hostile responses as wasted effort.
  • Provide the student with the telephone number of the Kean Counseling Center. Reiterate that services are free and confidential.
  • Explain to the student that counseling is not just for “crazy” people and that many people have problems in their daily lives.
  • If appropriate, ask for an agreement to make an appointment by a certain date. It might be helpful to ask he student later whether he or she followed through. Keep communication open by telling the student that you are willing to listen.
  • Offer the student the option of calling the Kean Counseling Center from your office to initiate the referral, so that a public commitment to get help will have been made.

MAKE A REFERRAL WHEN:

  • If there is any indication of suicidal or homicidal ideation, intent or plan.
  • The problem is more serious than you are comfortable handling.
  • You have talked with the student already and you feel that he or she may need more assistance.
  • The student admits there is a problem, but doesn’t want to talk about it.
  • The student asks for information or assistance that you are unable to provide.

REMEMBER…

In general, you cannot force a student to seek professional help; do not try to coerce, threaten or use deception, however well intentioned, to persuade a student to come to the Kean Counseling Center or use any other mental health resource. Accept that the student may not be ready to seek help.

HOWEVER, danger to self or others is always an exception to this. Appropriate referrals for these students are of paramount importance!

SUICIDE WARNING SIGNS

Seek help as soon as possible by contacting the Kean Counseling Center, another mental health professional or by calling the National Suicide Prevention Lifeline at 1-800-273-TALK (8255) if you or anyone you know exhibits any of the following signs:

  • Threatening to hurt or kill oneself or talking about wanting to hurt or kill oneself
  • Looking for ways to kill oneself by seeking access to firearms, available pills, or other means
  • Talking or writing about death, dying, or suicide when these actions are out of the ordinary for the person
  • Feeling hopeless
  • Feeling rage or uncontrolled anger or seeking revenge
  • Acting reckless or engaging in risky activities – seemingly without thinking
  • Feeling trapped – like there’s no way out
  • Increasing alcohol or drug use
  • Withdrawing from friends, family, and society
  • Feeling anxious, agitated, or unable to sleep or sleeping all the time
  • Experiencing dramatic mood changes
  • Seeing no reason for living or having no sense of purpose in life

SOURCE: U.S. Department of Health and Human Services
Substance Abuse and Mental Health Services Administration
www.samhsa.gov

WHAT TO DO IF YOU THINK A PERSON IS HAVING SUICIDAL THOUGHTS

Refer the student to the Kean Counseling Center (Downs Hall, Room 127; 908-737-4850) during business hours for consultation and support or contact the Kean Campus Police Department (908-737-4800 or 911) for transport to the nearest mental health screening center. For Union County, the nearest mental health screening center is the Trinitas Hospital Psychiatric Emergency Room and can be reached at 908-994-7131. The student should not be left alone while awaiting transport.

Take all suicide threats and all suicide attempts seriously. Don’t think that talk of suicide is only a way to “get attention.” A past history of suicide attempts is one of the strongest risk factors for death by suicide.

Asking a suicidal person about their plans or intentions won’t increase the person’s suicidal thoughts. It may give you information that indicates how strongly the person has thought about killing themselves and may help them feel supported.

Kean University Hazing Policy

Hazing, or any activity that subjects a student to harassment, intimidation, physical exhaustion or mental distress, is entirely contrary to the Kean University Student Code of Conduct. University policy and state law forbid hazing by fraternities and sororities, athletes, individuals, or any other Kean University recognized student group.

Hazing is defined as any activity that endangers the physical safety of another person; or produces mental or physical discomfort; causes embarrassment, fright, humiliation or ridicule; or degrades the individual. Any organization suspected of hazing will be investigated and subject to judicial (refer to Student Code of Conduct in this publication) and criminal action.

Kean University complies with New Jersey State Law prohibiting hazing.

New Jersey State Criminal Statute

2C: 40 - 3 Hazing

  1. A person is guilty of hazing, a disorderly person’s offense, if in connection with initiation of applicants to members of a student or fraternal organization, he/she knowingly or recklessly organizes, promotes, facilitates or engages in any conduct, other than competitive athletic events, which places or may place another person in danger of bodily injury.
  2. A person is guilty of aggravated hazing, a crime of the fourth degree, if he/she commits an act prohibited in subsection a, which results in serious bodily injury to another person.

2C: 40 - 4 Consent

Notwithstanding any other provision of Title 2C of the New Jersey Statutes to the contrary, consent shall not be applicable as a defense to a prosecution under this Act. (Added by L. 1980, chap. 169 (2); eff. 12/18/80).

2C: 40 - 5 Prosecution

Conduct constituting an offense under this Act may, at the discretion of the prosecuting attorney, be prosecuted under any other applicable provision of the Title 2C of the New Jersey Statutes. (Added by L.1980, chap. 169 (3); eff. 12/18/80.)

*(Added by L. 1980, chpt. 169 (1); eff. 12/18/80.) (rev. ‘84) 141-a)

Hazing includes, but is not limited to:

  1. Actions that recklessly or intentionally endanger the physical and mental health or safety of students;
  2. Forced or required consumption of any food, liquor, drugs or any other substance;
  3. Forced or required participation in physical activities, such as calisthenics, exercises or so-called games;
  4. Exposure to extreme weather conditions (i.e., snow, heat, rain, etc.);
  5. Excessive fatigue resulting from sleep deprivation, physical activities or exercises;
  6. Assignment of activities that would be illegal or unlawful, or might be morally offensive to individual new members;
  7. Physical brutality, including paddling; striking with fists, open hands or objects; and branding;
  8. Kidnapping, unauthorized road trips, transporting a person against his/her will or stranding of individuals;
  9. Verbal abuse, including “line-ups” and berating of individuals;
  10. Forced or required conduct that could embarrass or adversely affect the dignity of the individual, including the wearing of apparel that is conspicuous or extraordinary, and the performance of public activities;
  11. The intentional creation of clean-up work or labor for new members by active members or alumni;
  12. Denial of sufficient time to study;
  13. Nudity or lewd behavior;
  14. Walking on line;
  15. Wearing of uniforms;

(adapted from the NASPA Journal, vol. 24, no. 4, spring 1987, in “Putting an End to Fraternity Hazing”)

Members of the University community who are made aware of an alleged hazing incident, who witness a hazing incident, or who wish to make a claim of alleged hazing should contact the Office of the Vice President for Student Affairs, Kean Hall, Room 124, (908) 737-7080; FAX (908) 737-7085.

MISSING STUDENT NOTIFICATION POLICY

Pursuant to section 488 of the Higher Education Opportunity Act of 2008, this policy and procedure will apply to all students residing in on-campus housing and in response to a missing student report.

Policy

A student may be considered a missing person by Kean University if the student is reported missing for a 24 hour period and the student’s absence is contrary to his/her normal pattern of behavior or is the result of any unusual circumstance.

Any time a student is believed to be missing, whether or not the student is a campus resident, the appropriate police department should be contacted. The Kean University Department of Public Safety and Police, the Office of the Vice President for Student Affairs, and the Office of Residential Student Services work together to locate missing students, notify appropriate local law enforcement, and check on the welfare of such students. As part of the residential check-in procedure, all students are afforded the opportunity to provide, on a voluntary basis, contact information for individuals to be notified in case of emergency, and this emergency contact will serve as a contact if the student goes missing as well, unless the student specifies otherwise.

Anyone who believes a student to be missing should report their concern to the Kean University Department of Public Safety and Police, (908)737-4800. Most missing person reports in the college environment result from a student changing his/her routine without informing his/her roommates and/or friends of the change. Every report made to the campus will be followed up with an immediate investigation once a student has been missing for 24 hours, though instances of bizarre disappearances, suspected kidnapping, or potential crimes will be acted upon immediately when reported.

Procedure

If a residential student is presumed to be missing, the University will notify the emergency contact, parent or legal guardian within 24 hours after it has been determined that the student is missing. For students under the age of 18, a call will be made to the custodial parents, regardless of who is designated by the student as the emergency contact. In the event that emergency contact notification is necessary, the Kean University Department of Public Safety and Police will place the call.

The University official receiving the report will collect and document the following information at the time of the report:

  1. The name and relationship of the person making the report.
  2. The date, time and location the missing student was last seen.
  3. The general routine or habits of the suspected missing student (e.g. – visiting friends who live off-campus, working a job away from campus) including any recent changes in behavior or demeanor.
  4. The missing student’s cell phone number (if known by the reporter).
  5. Whether a local police department has been notified.

Upon notification from any entity that a student may be missing, the University may use any or all of the following resources to assist in locating the student.

  1. Call the student’s room.
  2. Go to the student’s residence hall room.
  3. Talk to the student’s RA, roommate, and floor mates to see if anyone can confirm the missing student’s whereabouts and/or confirm the date, time, and location the student was last seen.
  4. Secure a current student ID or other photo of the student from a friend.
  5. Call and text the student’s cell phone and call any other numbers on record.
  6. Send the student an email.
  7. Check all possible locations mentioned by the parties above including, but not limited to, library, residence hall lounges, classroom and recreational facilities, etc.
  8. Contact or call any other on-campus or off-campus friends or contacts that are made known. This could include checking a student’s social networking sites such as Myspace, Facebook and Twitter.
  9. Ascertain the student’s car make, model and license plate number.

The Office of Computer and Information Services (OCIS) may be asked to obtain electronic logs in order to determine the last time the student accessed the Kean University network.

September 21, 2009

Safe Haven Infant Protection Act

877-839-2339
www.njsafehaven.org

On January 17, 2010, the State of New Jersey enacted a new law that requires the Department of Children and Families (DCF) to notify an expanded list of public and private entities across the state about the New Jersey Safe Haven Infant Protection Act and the relevant information and materials to give up an unwanted infant safely, legally and anonymously. The parents, or someone acting on their behalf, can bring a baby less than 30 days old to any hospital emergency room or police station. DCF will take the child into custody and place the infant in a foster or pre-adoptive home.

Alcohol & Drug Treatment Centers

Trinitas Health
Substance Abuse Services
655 East Jersey St.
Elizabeth, NJ 07206
(908) 994-7090
Hotline: (908) 351-6684

Summit Oaks Hospital
19 Prospect St.
Summit, NJ 07901
(908) 522-7000
(800) 753-5223

Overlook Hospital
Addictive Services
46-48 Beauvoir Ave.
Summit, NJ 07901
(908) 522-4800

St. Barnabas Medical Center
94 Old Short Hills Rd.
Livingston, NJ 07039
(973) 322-5000

Social Service Resources

Union County Rape Crisis Center
(908) 233-7273

Project Protect – Battered Women Hotline
(908) 355-HELP

24 hour hotline domestic violence
(908) 355-4357

24 hour hotline N.J. Coalition Against Sexual Assault
(800) 601-7200

YWCA of Eastern Union County
(908) 355-1500

Victim/Witness Advocacy
(908) 527-4596

Addiction Line of New Jersey
(800) 322-5525

National Council on Alcoholism & Drug Dependence of N.J.
(908) 354-5638

The Self-Help Clearing House
(800) 367-6274
(For New Jersey Only)
(973) 989-1122

For further information concerning issues of sexual assault or alcohol and drug treatment, please contact the Kean University Counseling Center (908)737-4850.

Local Hospitals Directory

Trinitas Hospital
225 Williamson Street
Elizabeth, NJ 07207
Main No.: (908) 994-5422
Emergency Room: (908) 994-5100
Patient Information: (908) 994-5100
Psychiatric Emergency Services: (908) 994-7131
Anthony Trachta – Dir. Psych. ER: (908) 994-7152

UMDNJ Hospital
150 Bergen Street
Newark, NJ 07103
Main No.: (973) 972-4300
Emergency Room: (973) 972-4123
Patient Information: (973) 972-4040 

St. Barnabas Medical Center
94 Old Short Hills Road
Livingston, NJ 07039
Main No.: (973) 322-5000
Emergency Room: (973) 322-5180
Patient Information: (973) 322-8000

Overlook Hospital
99 Beauvoir Avenue
Summit, NJ 07902
Main No.: (973) 522-2000
Emergency Room: (973) 522-2232
Patient Information: (973) 522-2100 

Emergency Telephone Locations

  1. D’Angola Gymnasium
    Rear of Building Facing Playing Fields
  2. D’Angola Gymnasium
    Side of Building Facing Woodland Ave.
  3. Campus School West
    Side of Building Facing Service Road
  4. Burch Hall/ Whiteman Halls
    Walkway between these two buildings
  5. Hutchinson and Hennings
    Sidewalk Next to Parking Lot
  6. Kean Hall Parking Lot
    Middle of Kean Parking Lot
  7. Downs Hall
    Walkway Path to Residence Halls
  8. Wilkins Theatre (TPA)
    Side of Building Facing Vaughn Eames
  9. University Center
    Side of Building Facing Library Walkway
  10. Library
    Side of Building Facing Brook/Wilkins
  11. Industrial Technology Bldg.
    Front Entrance Facing Brook/CAS
  12. East Campus
    Side Entrance Facing Upper Parking Lot
  13. East Campus
    Back of Building Facing Lower Parking Lot
  14. Science Bldg.
    Room 155
  15. Science Bldg.
    Room 249
  16. Science Bldg.
    Room 309
  17. Bruce Hall
    Room 115
  18. Bruce Hall
    Room 215
  19. Vaughn-Eames Lot
    Sidewalk (Middle of Lot)
  20. Vaughn-Eames Lot
    Rear of Lot
  21. Vaughn Eames Lot
    Sidewalk by Guardhouse
  22. Freshman /Upper Class Hall
    Walkway between Freshman Hall and Bartlett Hall

The Guide

The Guide is a Kean University publication that provides important campus life and public safety and fire safety information to all current students and employees and is made available upon request to prospective students and employees. The Guide is accessible to the public via the Kean University web site at http://www.kean.edu. The information provided in this newsletter is updated annually, and has been expanded in compliance with the Higher Education Amendments of 1998 and 2008. The new regulations are primarily located in sub-sections of the “Family Educational Right to Privacy Act” (FERPA) and The Campus Security Act of 1990 as amended by the “The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998”. The Guide also complies with provisions of the Drug Free Work Place Act of 1988, the Drug Free School and Community Act of 1989, and other Federal and NJ State laws.

Provisions of The Guide are subject to change without notice. Versions of The Guide published on the www.kean.edu website are to be considered the most complete and up-to-date statement of the current University policies in effect.

Last updated September 15, 2013

KEAN University

1000 Morris Avenue
Union, New Jersey 07083
908-737-KEAN (5326)
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