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Judicial Affairs Home

The Judicial Process

The Complainant
The Respondent
Campus Advisors
The Preliminary Review
The Charge
Interim Suspension
Accepting or Denying Responsibility
University Hearings
Disciplinary Conferences
Appeals

Resources

Attorney's Guide to the Student Judicial Process
Faculty Complainant Checklist
Guide for Affidavit Submission
Information Sheet for Complainants and Campus Advisors
Information Sheet for Respondents and Campus Advisors
List of New Brunswick Campus Advisors
List of Newark Campus Advisors
List of Camden Campus Advisors
List of New Brunswick Judicial Officers
List of Newark Judicial Officers
List of Camden Judicial Officers
Interim Suspension Frequently Asked Questions
Non-Separable Offense Appeal Form
Separable Offense Appeal Form
Preliminary Review Checklist
To Tell the Truth: A Guide for Witnesses in the Rutgers Student Judicial System

The Complainant

Every disciplinary case involves a complainant and a respondent. The complainant is the person who files the report alleging a violation of the University Code of Student Conduct. An individual may report a student suspected of violating the Code by notifying the Office of Student Judicial Affairs or a judicial officer at the suspected student's campus of registration. For lists of judicial officers on each campus, see:

List of New Brunswick Judicial Officers
List of Newark Judicial Officers
List of Camden Judicial Officers

A complainant must be a member of the Rutgers community (a student, faculty, administration, or staff member.) If a Code violation is reported by someone who is not a member of the University community, a student, faculty, administration, or staff member may be appointed to serve as a complainant if the judicial officer determines that it is in the interest of the University to proceed.

For a detailed description of the role of the complainant and his/her responsibilities, see the Information Sheet for Complainants and Campus Advisors.

The Respondent

The respondent is the student charged with violating the Code. The respondent is presumed not responsible for the violation until found responsible clear and convincing evidence.

For a detailed description of the role of the respondent and his/her responsibilities, see the Information Sheet for Respondents and Campus Advisors.

Campus Advisors

A campus advisor is a member of the University community (i.e. student, faculty, or staff) who may present cases on behalf of complainants and respondents, or who may assist in the presentation of a student's case by serving in a support capacity. Although any member of the Rutgers community may act as a campus advisor, there are a number of students, faculty, and staff who are trained in this area. Prior to a hearing or Disciplinary Conference, Campus Advisors may assist complainants/respondents with the preparation for a case. Campus Advisors also may assist complainants/respondents with the appeals process following a hearing or conference.

All discussions between either complainant and campus advisor or respondent and campus advisor will be treated as confidential by the University. The University cannot guarantee that external authorities will likewise respect this privilege.

For lists of campus advisors on each campus, see:

List of New Brunswick Campus Advisors
List of Newark Campus Advisors
List of Camden Campus Advisors

The Preliminary Review

Once the judicial officer has received a complaint, s/he will examine all available evidence and conduct a Preliminary Review to determine the next step in the judicial process. At the Preliminary Review, the respondent has the opportunity to hear the details of the complaint and offer his/her view of the facts, if s/he chooses. The respondent is not obligated to speak during the Preliminary Review, as information given to the judicial officer may be used as evidence in a hearing. If the disciplinary process eventually results in a hearing or conference, the judicial officer will present his/her Preliminary Review findings to the hearing panel or dean.

After the Preliminary Review, the judicial officer may decide to dismiss the complaint, defer action until more evidence is available, or s/he may determine that there is enough evidence to charge the respondent with a violation of the University Code of Student Conduct.

For lists of judicial officers on each campus, see:

List of New Brunswick Judicial Officers
List of Newark Judicial Officers
List of Camden Judicial Officers

For a list of Preliminary Review procedures, see the Preliminary Review Checklist.

The Charge

Violations of the University Code of Student Conduct are categorized as separable and non-separable. Separable offenses are those serious enough to potentially merit suspension or expulsion from the University. Non-separable offenses are less serious and would merit a sanction less than suspension or expulsion (e.g., a warning or probation).

For a list of Code violations, see University Code of Student Conduct: Prohibited Conduct.

Interim Suspension

When a complaint or report, in the opinion of the judicial officer, provides a reasonable basis to conclude that the accused student poses a substantial and immediate threat to him/herself, to others, or to property, the Senior Dean of Students or his/her designee will review the matter and may issue an interim suspension subject to the stipulations contained in the sections 7 and 8 of the University Code of Student Conduct. In such cases, a Preliminary Review will not be held.

When an interim suspension is imposed, the University must conduct a hearing in ten (10) working days or less, unless the student respondent accepts responsibility for the charge(s) being considered. The respondent also has the right to meet with the Vice President for Student Affairs or his designee within 48 hours of the interim suspension to review:

1. the reliability of the information concerning the alleged violation
2. whether the violation and surrounding circumstances indicate that the presence of the student on University premises poses an immediate threat to him/herself, to others, or to property.

For more information on interim suspensions, see Interim Suspension Frequently Asked Questions.

Accepting or Denying Responsibility

Once charged with a violation of the Code, the respondent will plead responsible or not responsible to the charge(s).

If a student pleads responsible to a non-separable charge, the judicial officer will issue a sanction.
If a student pleads responsible to a separable charge, the judicial officer will recommend a sanction. If the sanction entails separation from the University, the sanction must be approved by the Vice President for Student Affairs.
If a student pleads not responsible to a non-separable charge, the case will be resolved at a Disciplinary Conference.
If a student pleads not responsible to a separable charge, the case will be resolved either at a Disciplinary Conference or at a University Hearing.

University Hearings

A University Hearing is a proceeding in which the complainant and respondent appear before a panel of three students and two faculty members. Both the complainant and respondent have the opportunity to offer evidence, call witnesses, and question witnesses and the opposing party. The burden of proof rests with the complainant; the respondent is considered "not responsible" unless the complainant can prove the allegations through clear and convincing evidence.

After reviewing the evidence presented by the complainant and respondent, the Hearing Board issues a finding. If the respondent is found responsible, the Board recommends a sanction. If the sanction entails separation from the University, the sanction must be approved by the Vice President for Student Affairs.

Disciplinary Conferences

A Disciplinary Conference is an informal procedure involving the respondent and the Dean of Students or another judicial officer. Complainants are not usually required to participate unless cross-examination is necessary. Both the respondent and complainant must agree to resolve a case at a Disciplinary Conference.

The respondent has the opportunity to offer evidence and to call relevant witnesses. After reviewing the evidence presented by the complainant and respondent, the Dean of Students or judicial officer issues a finding. If s/he finds the respondent responsible, s/he also recommends a sanction. If the sanction entails separation from the University, the sanction must be approved by the Vice President for Student Affairs.

Appeals

If a respondent is found responsible at a Disciplinary Conference or University Hearing, s/he has the opportunity to appeal the finding and sanction at the following levels:

Separable Appeals

The Vice President for Student Affairs approves the sanction recommended by the Hearing Board. The respondent may petition the Vice President with regard to the appropriateness of the sanction.
The respondent may submit an appeal to the Committee on Student Conduct with regard to the hearing process, the finding, and/or the sanction.
The respondent may submit a petition to the President of the University with regard to the hearing process, the finding, and/or the sanction.

Separable Offense Appeal Form

Non-Separable Appeals

The respondent may submit an appeal to the Director of Student Judicial Affairs.

Appeals will be reviewed by the Director or his/her designee and will be on the written record only.
Appeals may be made as to the finding or the sanction or both and must provide any supporting documentation.
Whether an appeal will be accepted will be determined on a case-by-case basis. Appeals must be based on new evidence and/or a request for modification of the sanction which was not submitted in the original conference.

Non-Separable Offense Appeal Form

For more information on the student judicial process, judicial programs and services, please click on any of the links in the menu bar to the left or contact the Office of Student Judicial Affairs.