For the purposes of enforcing the Code, students are defined as all persons 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. Persons who are not officially enrolled for a particular term, but who have a continuing relationship with the University are considered students. In addition, a University-recognized student organization is defined to include 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/TheGuideFall2008.pdf or www.kean.edu/~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 Student Conduct, (University Center, Room 315)   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 has a direct impact on the educational mission and 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 Campus 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 Student Conduct.  

IV.  VIOLATIONS OF 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 will typically institute conduct proceedings only for grave misconduct that demonstrates extreme or reckless disregard for the values of the University community and poses a potential threat to that community.  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 to pursue the conduct process in a timely manner through its conduct proceedings, rather than to delay campus proceedings until the outcome of criminal and/or civil proceedings.

V. SPECIAL PROVISIONS

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 health care 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. 

Victims of violence and bystanders who report a violent physical assault or sexual assault, but who may themselves have been in violation of college policies on alcohol or other drugs at the time of the assault, will not be charged with a conduct-code violation, in the interest of encouraging the reporting of such behavior. 

As necessary, the 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. 

VI.  OFFENSES UNDER THE CODE

In most circumstances, the University will treat attempts to commit any of the following violations as if those attempts had been completed.

A. Integrity

Students are expected to 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. Knowingly making or furnishing false, falsified, or forged information to any member of the University community, such as falsification or misuse of documents, accounts, records, identification, payroll or financial instruments

2.  Acts of academic dishonesty as outlined in the Academic Integrity Policy

3. Unauthorized possession, duplication, or use of means of access (keys,    cards, etc.) to any University building

4. Unauthorized possession, duplication or use of another’s identification,         (driver’s license, military ID, University ID, etc.)

5. Failure to discourage a wrongdoer in violation of University policy or law

6. Violations of positions of trust or authority within the community

B. 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.

2. Misuse or unauthorized use of University or organizational names and images.

3. Knowingly taking possession of stolen property.

4. Intentional and unauthorized taking of the property of the University or personal property of a member of the University community, which is on campus.

5. Intentional and unauthorized destruction or damage to University property or to the property of another.

6. Misuse of 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 prohibited on-line behavior include but are not limited to:

a.       Sending harassing or abusive messages.

b.       Interfering with the work of other community members.

c.       Obtaining unauthorized access to a file or personal or group account.

d.      Using computing facilities to interfere with normal operation of the University computer system.

e.      Generating anonymous or forged network news articles or e-mail messages.

f.   Using disk space over the allotted limit without prior approval.

g.  Transferring files without authorization.

h.  On-line behavior which uses the University computing network and/or  University e-mail address is a venue subject to the Code.

7.  Gambling.

8.  Extortion.

9. 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.

10. 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 by the Department of Public Safety/Police.

11.    Violation of state, local, or campus fire policies, including:

a.     Failure to evacuate a University-owned or occupied building during a fire alarm.

b.     Improper use of University fire-safety equipment.

c.    Tampering with or improperly engaging a fire alarm in a University building.

C. Fairness

Behavior that violates this value includes, but is not limited to:

1. Disruption of University operations, including obstruction of teaching, research, administration, other University activities.

2. Obstruction of freedom of movement by community members or visitors.

3. Abuse, interference or failing to comply with University processes including Student Conduct and Academic Integrity hearings.

4. Abuse or lack of cooperation in the Student Conduct system, including:

a.    Failure to attend meetings scheduled for conduct code administration      purposes.

b.    Falsification, distortion, or misrepresentation of information.

c.   Failure to provide, destroying or hiding information during an investigation of an alleged violation.

d.    Attempting to discourage an individual’s proper participation in, or use of, the Student Conduct system.

e.    Harassment (verbal or physical) and/or intimidation of a member of a       Student Conduct body prior to, during, and/or after Campus Conduct        proceedings.

f.     Failure to respect the dignity and privacy of fellow Kean Community       members by disclosing confidential information obtained during    participation in a Student  Conduct proceeding..

g.    Failure to comply with the sanction(s) imposed by the Student Conduct system.

h.    Influencing or attempting to influence another person to commit an abuse or lack of cooperation in the Student Conduct system.

D. Respect

Behavior that violates this value includes, but is not limited to:

1. Threatening or causing physical harm, verbal abuse, or other conduct which threatens or endangers the health or safety of one’s self or others or causes any person to fear that same would occur.

2. Discrimination, intimidation or harassment; whether verbal or physical towards any person.

3. Hazing or any activity that subjects a person to the following: harassment, intimidation, physical exhaustion or discomfort, mental distress, embarrassment, fright, humiliation or ridicule, or any activity that degrades the individual.

4. Domestic violence such as actual or threatened physical harm or the infliction of fear of imminent physical harm upon a family member, significant other, household member, or resident sharing a room.

5. Sexual misconduct, including:

a.       Sexual harassment

1) Quid Pro Quo – unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct based on the gender of the affected party when either submission to such   conduct is made either explicitly or implicitly a term or condition of mployment or education; or submission to or rejection of such conduct by an individual is used as a basis for employment.

2) Hostile Environment – unwelcome sexual comments or advances.

3) Third Party – unwelcome behavior that is not directed at the individual but is part of that individual’s environment.  

b.       Non-consensual Sexual Contact; including any sexual touching, however slight, with any object, by a man or a woman upon a man or a woman, without effective consent. 

Effective consent is informed, freely and actively given, mutually understandable words which indicate the willingness to participate in mutually agreed upon sexual activity. Consent is not effective if it results from the use of physical force, intimidation, or coercion. Consent may never be given by one who is physically incapacitated by drugs or alcohol, a minor or mentally disabled. 

c.        Non-consensual Sexual Intercourse; including any sexual intercourse (anal, oral or vaginal), however slight, with any object, by a man or a woman, upon a man or a woman, without effective consent.

 Effective consent is informed, freely and actively given, mutually understandable words which indicate the willingness to participate in mutually agreed upon sexual activity. Consent is not effective if it results from the use of physical force, threats, intimidation, or coercion. Consent may never be given by one who is physically incapacitated by drugs or alcohol, a minor or mentally disabled.       

d.       Sexual Exploitation; including non-consensual, unjust, or abusive sexual advantage of another, for one’s own benefit or advantage.

6. Inappropriate conduct, which is disorderly, disruptive, or indecent while on campus or at functions sponsored by, or participated in by, the University.

7. Failure to follow University special events policies and procedures for University events held on or off-campus.

8. 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.

9. Failure or refusal to produce a University identification card upon demand by a security officer or other official of the University acting in his/her official capacity  or an officer of the law.

10. Smoking in any University building or areas designated as non smoking within three feet of an entrance/exit location.

E. Responsibility

Behavior that violates this value includes:

1. 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 at www.kean.edu/publications/TheGuideFall2008.pdf).

2. 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 at www.kean.edu/publications/The Guide Fall 2008.pdf.

3. Violating or assisting in the violation of University policies, policies of other colleges and universities, or public laws, which affect the interest of the University community, whether on or off campus.

4. The knowing failure of any organized group to exercise preventive measures relative to violations of this Code by its members.

5. Intentionally or recklessly causing a fire which damages University or personal property, or which causes injury to others.

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 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 Student Conduct and on-line at www.kean.edu/~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.

The complaint must 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.

Initial Investigation

Upon receipt of a complaint or University police report, the director of the Office of 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 may investigate the circumstances surrounding the incident in question and determine whether it warrants a Student Conduct Conference (see page following), a Student Conduct Hearing (see page following), 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.

3.     Interim Suspension

Pending the completion of the director’s investigation and subsequent hearing process, the vice president for Student Affairs is authorized to place an accused student on interim suspension for reasons related to his or her physical or emotional safety and well-being 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 of the accused student’s presence on campus. Whenever such action is taken, a Student Conduct Hearing will be convened within ten (10) business days. 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 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 for the safety and security of others 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 suspended pending a Student Conduct Hearing.

4.     No-Contact Order

The vice president for Student Affairs may impose a Campus-Wide No-Contract Order between parties of a complaint 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.

Notification

1.     If the director of the Office of Student Conduct or designee determines there is sufficient evidence to believe that a violation of the Code has occurred, the accused student will be notified in writing, 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:

a.     The complaint identifying sections of the Code at issue;

b.     A copy of the Code;

c.     A request that the accused student provide a written explanation of the incident (if no prior statement was obtained);

d.    A directive to contact the Office of Student Conduct to schedule a Student Conduct Conference within three (3) business days.

Student Conduct Conference

1.   The director of the Office of Student Conduct or designee will conduct a Student Conduct Conference with the accused student.

2.     At the Student Conduct Conference the accused student will:

        a.    Be informed of the information provided to date by the complainant and other persons;

         b.  Be given an opportunity to raise questions and discuss the information;

          c.   Be given the opportunity to admit the allegations and accept     responsibility for the violations;

          d.   Be given the opportunity to deny the allegations;

           e. 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 Student Conduct or designee may:

        a.    Dismiss the case;

        b.    Refer the case to the Kean Counseling Center for appropriate follow up including mediation with the complainant;

        c.    Refer the case to the appropriate administrative process within the University;

        d.   Resolve the case informally or impose a remedy and/or sanction that does not warrant 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.

        e.     Determine that a Student Conduct Hearing is appropriate.

Student Conduct Hearing

Notification of a Student Conduct Hearing will be provided by the Office of Student Conduct to the complainant and the accused student by overnight delivery service  as well as regular mail.  The notice shall include:

1. The name of the complainant;

2. The charges to be presented;

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 of the complainant and the accused student to contact his/her witnesses and arrange for their participation.  All student witnesses are required to complete and sign a Family Rights and Privacy Act (FERPA) form.  Prior to the hearing, the complainant and accused student must provide a statement of their witness’ anticipated testimony if a prior statement has not been given to the Office of Student Conduct;

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);

8. Notice that a Document File compiled by the Office of 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.

Hearing Officers

Student Conduct Hearings for violations of the Code will be conducted by a member of the University faculty, staff, or consultant designated by the Office of 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 case. 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 case. An advisor or legal counsel may be present to advise only and may not participate.  An audiotape record of the hearing is made and kept by the Office of 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 confidential that which transpires during the hearing. 

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 charges against the student.

4. The accused student will state whether he/she is responsible, not responsible, or responsible with an explanation for the charges. 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 case. 

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 Student Conduct to present the case against the accused student.

7. Relevant records, documents, and written statements may be        accepted and considered by the hearing officer.

8.  The complainant, the accused student and the Office of Student Conduct representative shall be able to present witnesses, who shall be subject to cross examination. 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 shall 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.

10. 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 accused student within ten (10) business days.

12. The student's prior student conduct record will be a factor in determining the severity of any sanction.

13. The complainant will not be notified of the outcome of the hearing EXCEPT in cases of violence or rape once the decision of the hearing officer has been issued.

14. For each separate charge, the hearing officer will determine whether the accused student is responsible or not responsible. The decision shall be based upon an evaluation of the information presented and a determination as to whether the offense was likely committed. 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.

Remedies and Sanctions

A.     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 wrongful 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:

     a.   Specific Period – Revocation of the privilege of attending the University and using its facilities for a specific period not to exceed two academic years.

     b.   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.    Partial Suspension - Revocation or restriction of privileges for the use of some but not all University facilities including Residence Halls

6.     Expulsion – Permanent termination of student status

7.     Referral to civil or criminal authorities

B.    Any of the following may accompany a remedy and sanction.

1.     Restitution requiring individuals to restore or replace within a specified time, property which has been damaged, defaced, lost or stolen.

2.     Service assignment requiring an individual to perform services for the community or the University

3.     Referral to appropriate psychological or psychiatric service for evaluation, mandated assessment, or other special help.

4. Fines for drug and alcohol violations as outlined in The Guide at www.kean.edu/publications/TheGuideFall2008.pdf.

5.  A Campus-Wide Notice of No Trespass will accompany a sanction of suspension or expulsion from the University.

6.  A Residence Life Notice of No Trespass will accompany any restriction imposed or related to residential living or visitation of the residence halls.

7.  Campus-Wide No Contact Order:  The vice president of Student Affairs may impose a Campus Wide No-Contact Order between parties of a complaint 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.

C.    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 action (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

A.     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 administrator named in the decision letter (director of Student Conduct or the vice president for Student Affairs) within five (5) business days of receipt of the hearing officer’s determination.  A person shall have the right to request a final review based on any of the following grounds:

1.  Procedural irregularity;

2.  New information that was not known or not available at the time of the           Student Conduct Conference that would cause a different outcome

3.  A claim that the sanction was unduly severe.     

B.    In the case of suspension or expulsion, the student can appeal in writing to the vice president for Student Affairs or to the Hearing Appeals Board within three (3) business days of the receipt of the hearing officer’s determination. The Hearing Appeals Board option is only available when fall and spring semester classes are in session.

C. 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.

Grounds for Appeal

The request for review of an appeal will be considered by the vice president for Student Affairs or the chair of the Hearing Appeals Board to determine whether grounds for an appeal exist.  A person shall have the right to request an appeal based on any of the following grounds:

1. Procedural irregularity;

2.  New information that was not known or not available at the time of the Student Conduct Hearing that would cause a different outcome;

3. A claim that the sanction was unduly severe.

A. Request for appeal to the Vice President for Student Affairs

1.    The vice president for Student Affairs will review the written request for an appeal within five (5) business days of receipt to determine whether there is sufficient basis to change the hearing officer’s decision.

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 student will be notified in writing within five (5) business days.

3.     If the vice president for Student Affairs determines that there is a sufficient basis to change the decision of the hearing officer, he/she may:

        a.   reverse, sustain or modify the decision, or reduce the sanction;

        b.    remand to the hearing officer for reconsideration with specific instructions.    The hearing officer may reconvene the hearing to consider the issues presented and issue a final decision, as appropriate.

4.     The decision of the vice president for Student Affairs will be final within the University Student Conduct structure.

B. Appeal to the Student Conduct Hearing Appeals Board

Hearing Appeals Board Composition

1. The Board shall consist of twelve (12) members for a two-year term:

a. Three administrators appointed by the vice president for Student Affairs, one of whom will act as chair and moderator;

b. Three faculty members appointed by the chair, Faculty Senate;

c. Three students appointed by Student Organization, of Kean University, Inc.;

d. Two students appointed by the Council for Part-Time Students; and

e. One student appointed by the Graduate Student Government.

2. A quorum shall be five (5) members present.

3. Majority vote shall decide. In the case of a tie, the chairperson will cast the deciding vote.

Hearing Appeals Board Composition

1.     The Board shall consist of twelve (12) members for a two-year term:

        a.  Three administrators appointed by the vice president for Student Affairs, one of whom will act as chair and moderator;

        b. Three faculty members appointed by the chair, Faculty Senate;

        c.  Three students appointed by Student Organization of Kean University, Inc.;

        d. Two students appointed by the Council for Part-Time Students; and

       e. One student appointed by the Graduate Student Government Association.

       f. A representative (non voting) of the Office of University Counsel will assist and advise the Appeals Board.

2.     A quorum shall be five (5) members present.

3.     Majority vote shall decide. In the case of a tie, the chairperson will cast the deciding vote.

Hearing Appeals Board

1.    The chair of the Hearing Appeals Board will review the written appeal within five (5) days of receipt and determine whether there is a sufficient basis to change the hearing officer’s determination.

2.    If the chair of the Hearing Appeals Board determines that there is not a sufficient basis to change the hearing officer’s determination, the student will be notified in writing within five (5) business days.

3.   If the chair of the Hearing Appeals Board determines that there is a sufficient basis to change the hearing officer’s determination, he/she will call a meeting of the Hearing Appeals Board to review the appeal.

4.    The decision of the Hearing Appeals Board is final within the University Student Conduct structure.

Conduct of the Hearing Appeals Board

1.     Prior to the meeting, the members will review the documentary information regarding the case.

2.     All proceedings shall be closed to the public.

3.     All proceedings will be audio-taped.

4.     Discussion of the appeal will be chaired by the Hearing Appeals Board chairperson.

5.     The Hearing Appeals Board may:

        a.     Reverse, sustain or modify the decision, or reduce the sanction;

        b.     Remand to the hearing officer for reconsideration of complaint with specific instructions. The hearing officer may reconvene the hearing to consider the issues presented and issue a final decision as appropriate.

6.     If the case is remanded to the hearing officer to reconvene the hearing, it will be reconvened within five (5) business days.

7.     The decision of the Hearing Appeals Board shall be sent to the vice president for Student Affairs in writing and he/she will communicate the decision to the student.

Student Code of Conduct, amended August 2008

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