TCNJ Personal Abuse Policy

TCNJ has code of conduct regulations for “personal abuse” which are directed at misconduct involving abuse on campus including sexual, physical and mental. If you received a violation from TCNJ for harassment, sexual assault, simple or aggravated assault, domestic abuse, stalking, invasion of privacy or another offense, we are here to help you. The attorneys at The Law Offices of Jonathan F. Marshall are seasoned litigators who have been representing TCNJ students for decades in disciplinary proceedings, Ewing Municipal Court and at the Mercer County Superior Court. If you were charged with any variety of infraction, a lawyer at the firm is ready do what is necessary to fully protect you. Call us at 609–683–8102 for a free consultation with one of our lawyers.

Personal Abuse

1. Sexual Harassment
   1. Conduct of a sexual nature or based on gender or sexuality that is severe or pervasive enough to create an intimidating, abusive, or hostile campus, educational, or working environment as defined by a reasonable person under similar circumstances. This may include unwanted, unwelcome, or inappropriate sexual or gender-based activities, or comments.
   2. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made a condition of the conferral of any benefit, or rejection of such advance, request, or conduct implies that a person will suffer adverse consequences from another student in an express or implied position of authority.
   3. Sexual harassment is a violation of Title IX of the Education Amendments of 1972, and Title VII of the Civil Rights Act of 1964 (as amended in 1991), as well as The Policy Prohibiting Discrimination in the Workplace/Educational Environment (which applies to all employees including Student employees with respect to conduct that arises out of their employment status).
2. Obscene or Indecent Behavior
   1. Exposure of one’s sexual organs or the display of sexual behavior or contact that would reasonably be offensive to others or be observed by any other non-consenting persons who would be affronted or alarmed.
   2. Trespassing, spying, or eavesdropping for sexual arousal.
3. Physical Sexual Misconduct
   1. Any Sexual Penetration, however slight, that occurs without Effective Consent.
   2. Any intentional, non-consensual Sexual Contact with an Intimate Body Part of another, or forcing another to have Sexual Contact with an Intimate Body Part of oneself or another, with any object or body part, or any disrobing of another without Effective Consent.
   3. The College’s highest priority is the physical and mental health, safety, and well-being of individual Students and the campus community. An element of promoting safety is providing clear, responsible methods of reporting and addressing incidents of sexual misconduct. Therefore, in order to remove potential barriers to reporting sexual misconduct, the Office of Student Conduct will not charge a Student with violating any expectations of Student conduct regarding alcohol or other Drugs if that Student reports such conduct within a report of possible sexual misconduct.
   4. Sexual misconduct is a violation of Title IX of the Education Amendments of 1972, and Title VII of the Civil Rights Act of 1964 (as amended), as well as The Policy Prohibiting Discrimination in the Workplace/Educational Environment (which applies to all employees including Student employees with respect to conduct that arises out of their employment status).
4. Bullying, Intimidation, and Harassment
   1. Engaging 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), that is so severe or pervasive and objectively offensive that it substantially disrupts or interferes with the orderly operation of the College or the rights of any Student or other member of the College community; and that:
      1. involves intimidation or threats to another person’s safety, rights of personal privacy and property, academic pursuits, College employment, or participation in activities sponsored by the College or organizations or groups related to the College; or
      2. a reasonable person should know, under the circumstances, will have the effect of insulting or demeaning any person or group; or
      3. creates an intimidating or Hostile Environment by substantially interfering with another Student’s education, or by materially impairing the academic pursuits, employment or participation of any person or group in the College community, or by severely or pervasively causing physical or emotional harm to the Student or other member of the College community; or
      4. a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming Student or other person or damaging the person’s property or placing the person in reasonable fear of physical or emotional harm to his or her person, or to any member of that person’s family or household, or of damage to his or her property.
   2. Any attempt to intimidate, threaten, or unduly influence another person with the purpose to discourage cooperation or truthful participation in a student conduct matter, investigation, or proceeding. This may also include the intentional violation of no contact directives or interim measures implemented by the College in response to an open investigation or proceeding.
   3. Any attempted Retaliation against an individual because the person has made a report, provided information, assisted, or participated in any manner in a conduct matter, investigation, or proceeding.
   4. Abusive or harassing conduct directed at a person or group because of membership in a Protected Category may result in an enhanced sanction.
5. Invasion of Privacy including Sexual Exploitation
   1. Unauthorized making of an explicit or objectively offensive recording (including but not limited to photographs, video, and/or audio) of another person.
   2. Unauthorized display, publication, transmission, or other dissemination (including via the Internet) of explicit or objectively offensive recordings (including but not limited to photographs, video and/or audio) of another person. Consent to be recorded does not imply consent for such records to be displayed, published, transmitted, or otherwise disseminated.
   3. Unauthorized intrusion upon a person’s private property or Communications.
   4. Unauthorized appropriation and/or use of someone’s identifying or personal data or documents.
   5. An act or acts committed through exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or other non-legitimate purpose (i.e. illegal, Hostile Environment, incongruent with proposed use of space/resources, etc.) without the Effective Consent of the person.
6. Stalking
   1. Purposefully or knowingly engaging in a Course of Conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of a third person, or suffer other emotional distress. Such Courses of Conduct include but are not limited to alarming conduct, following a specific person or otherwise communicating with a person repeatedly in a manner likely to cause fear for safety, or seriously annoy a reasonable person under similar circumstances.
7. Defamation
   1. Oral or written publication of a false statement of fact that exposes the person about whom it is made to hatred, contempt, or ridicule; subjects that person to loss of the good will and confidence of others; or so harms that person’s reputation as to deter others from associating with that person. This does not include the good faith documentation of a possible Policy violation or good faith journalistic reporting in the absence of negligence or recklessness.
8. Physical Abuse
   1. Use of unwelcome force against a person or the property of any person or group.
   2. Any action or statement that imminently threatens significant harm to the health or safety of any person or group.
   3. Any action, statement, or use of force against a person where a personal, intimate, or special relationship exists (defined by marriage, civil union, dating, family membership, or co-habitation), and would reasonably threaten or intimidate that person.
   4. Interference with the freedom of another person to move about in a lawful manner by force, threat, intimidation, or other means without Effective Consent.
   5. Abusive or harassing conduct directed at a person or group because of membership in a Protected Category may result in an enhanced sanction.
9. Hazing
   1. Any action taken, or situation created that negligently, intentionally, or recklessly subjects any person to the risk of bodily harm, physical discomfort, harassment, emotional or mental degradation, abuse, or interferes with academic activities; or causes or encourages any person to commit an act that would be a violation of law or College regulations for the purpose of initiating, promoting, fostering, or confirming any form of affiliation with a Student group or organization. This provision applies to all Students regardless of College or Student Government recognition of the Student group or organization.
   2. Observation by a member of a Student group or organization of any hazing activity as described above without reporting the incident to College authorities.
   3. Aiding or assisting another to engage in any hazing activity as described above.
   4. The expressed or implied consent of a person is not a defense to any hazing activity described above.

TCNJ Abuse Violation Attorney

An accusation of abuse in any form can have devastating consequences at TCNJ. Hiring an attorney who can avert a finding of guilt is imperative to maintaining your future. This is exactly what the lawyers at The Law Offices of Jonathan F. Marshall will help you achieve. Call our Lawrenceville Office anytime 24/7 at 609–683–8102 for a free initial consultation.