TCNJ Disciplinary Penalties & Sanctions

TCNJ had adopted disciplinary procedures, rules and permissible sanctions/penalties. These standards are set forth in the code of conduct. Our TCNJ Criminal Defense Lawyers are knowledgeable in these rules which are as follows:

Interim Measures/Remedies

Under certain circumstances, such as 03. Personal Abuse and/or Title IX related cases; interim measures may be initiated to protect the safety and well-being of persons involved in an incident and/or the campus community pending the outcome of the investigative and adjudicative processes. Interim measures may include the following to the extent reasonably available and appropriate:

1. Interim suspension. Immediate separation of a Student from the College and/or housing by the Assistant Vice President/Dean of Students (or designee) pending an investigation or adjudication. Through the duration of the interim suspension, the Student may be restricted from College property and may be required to provide prior notice and receive approval from the Director of Student Conduct for the purpose of conducting College business. Interim suspension will be imposed only in exceptional circumstances to ensure the health, safety or welfare of members of the College or College property or to ensure the Student’s own safety and welfare. Students who have been suspended on an interim basis must have a conduct hearing within a practical period of time after the imposition of the interim suspension.
2. No Contact Directive. A no contact directive is an official College directive that serves as notice to an individual that they must not have physical contact with or proximity to, or direct verbal, electronic, written, and/or indirect third party Communications with another individual.
3. Academic accommodations. This may include assistance in transferring to another section of a course, assistance in requesting withdrawal or an incomplete grade in a particular course, leaves of absence or withdrawal from the College, or assistance requesting alternate methods of completing coursework.
4. Housing accommodations. This may include requiring a Student to relocate housing pending the outcome of a conduct investigation or proceeding. This may also include facilitating changes in on-campus housing location to alternate housing, or assistance in exploring alternative housing off-campus.
5. Employment accommodations. This may include arranging for alternate College employment, different work shifts, etc.
6. Other accommodations. Any other measure that may be arranged by the College (to the extent reasonably available) to ensure the safety and well-being of a Student and/or the College community. This may include the use of alternate dispute resolution services such as mediation or restorative practices when appropriate.

I. Sanctioning Practices. The following sanctions, alone or in any combination, may be imposed upon any Student found to have violated the Student Conduct Code. See also Appendix E for specific sanctioning procedures for selected violations.

1. Status Outcomes
   1. Warning. A notice in writing to the Student that the Student is violating or has violated institutional regulations and that further violations may result in more severe disciplinary action.
   2. Pending termination of housing. This status serves as a housing probationary status assigned to a Student for a specified period of time before his or her housing privileges are terminated. While on this status, any further violations of College Policy may result in termination of housing. In addition, this status constitutes a disciplinary record that will remain on file with the Office of Student Conduct for five years after a Student separates from the College.
   3. Termination of housing. Removal or prohibition of a Student from College housing after a specific date and for a specified period of time. Through the duration of the termination, the Student will be restricted from entering all residential floors in College buildings. Students who are removed from College housing for disciplinary reasons will receive the refund available based on the time of the semester according to the Department of Residential Education and Housing policies and the housing contract. In addition, this status constitutes a disciplinary record that will remain on file with the Office of Student Conduct for five years after a Student separates from the College.
   4. Pending suspension. This status serves as the disciplinary probation status assigned to a Student for a specified period of time before that person is suspended from the College. While on this status, any further violations of College Policy may result in suspension from the College. In addition, this status constitutes a disciplinary record that will remain on file with the Office of Student Conduct for five years after a Student separates from the College.
   5. Suspension. Termination of course registration and residency (if applicable) from the College after a specific date and for a specified time. Through the duration of the suspension, the Student may be restricted from College property and may be required to provide prior notice and receive approval from the Director of Student Conduct for the purpose of conducting College business. Before a Student may be readmitted to the College after the designated period of time, that person must meet with the Dean of Students to show satisfactory completion of any assigned directives or to discuss stipulated conditions for his or her return. In addition, this status constitutes a disciplinary record that will remain on file with the Office of Student Conduct indefinitely. Should a Student wish to return to the College after the suspension period, that person must comply with any academic standards and procedures then in effect.
   6. Expulsion. Permanent dismissal from the College and restriction from College property. In addition, this status constitutes a disciplinary record that will remain on file with the Office of Student Conduct indefinitely. Expulsion is the most serious disciplinary action taken by the College and is generally reserved for only those cases of behavioral misconduct in which all the relevant facts and aggravating circumstances support a conclusion that the only reasonable sanction is permanent removal from the College.
   7. Degree Revocation. Permanent revocation of an earned degree from the College and restriction from College property. In addition, this status constitutes a disciplinary record that will remain on file with the Office of Student Conduct indefinitely. Degree revocation is reserved for only those case ofbehavioral misconduct that occur while an individual is a Student, but is not made known to the College until after a degree is earned, and in which all the relevant facts and aggravating circumstances support a conclusion that the only reasonable sanction is permanent revocation of an earned degree from the College.
2. Educational Outcomes.
   1. Restorative practices. Participation in a discussion by trained facilitators with any persons or departments harmed and development of a shared agreement of how to correct the harm. Unlike other sanctions, all participants must voluntarily agree to participate in the restorative process. Restorative practices will not be available to Students Responding to or being found responsible for any physical sexual misconduct.
   2. Mediation. Participation in a mediated discussion with other disputants facilitated by multipartial, trained mediators with the hope of developing a negotiated agreement serving as resolution to the dispute. Unlike other sanctions, all participants must voluntarily agree to participate in mediation. Mediation will not be available to Students Responding to or being found responsible for any physical sexual misconduct.
   3. Master education plan. Develop a master education plan with the aid of the Director of Student Conduct and mentor committee, agree to the terms of the plan, and to continuous evaluation.
   4. Other Discretionary sanctions. Work assignments, essays, presentations, research projects, conduct contracts, service to the College, or other discretionary assignments.
3. Administrative Directive Outcomes
   1. Administrative Relocation of Housing. Administrative transfer of a Student from one campus housing location to another.
   2. Loss of privilege. Denial of any specified privilege for a designated period of time. Examples include but are not limited to: guest privileges, restriction from a College event or program, and/or area or building.
   3. Restitution. Compensation for loss, damage, or injury to College property. This may take the form of appropriate service and/or monetary or material replacement.
   4. Parental notification. Notification may be sent to parents or guardians of a Student who is under 18 years of age, or financially dependent on his or her parents or guardians, depending on the circumstances surrounding the incident. Parents or guardians may also be notified of alcohol and other Drug incidents for Students under 21 years of age, regardless of financial dependency or resulting sanction.
   5. No Contact Directive/Extension of Existing No Contact Directive. This may include a new directive (as described above), or an extension of an original directive with or without altered or additional parameters or instructions. Sanctioned no contact directives may only be removed prior to their scheduled expiration (if any) at the discretion of the Director of Student Conduct, and at the written request of all involved persons.

J. Disciplinary Record Keeping Practice

1. File maintenance. A Student who is charged with a violation of the Student Conduct Code has a file created and maintained by the Office of Student Conduct. Files are maintained for five years after the date the Student separates from the College; however files of Students who have been suspended or expelled are maintained indefinitely.
2. Confidentiality. The federal Family Educational Rights and Privacy Act of 1974 (FERPA) protects a Student’s education records, including Student conduct files, from unauthorized disclosure to third parties. A Student must sign a waiver to grant access to his or her disciplinary record before the College will disclose information protected by FERPA contained in the Student’s records. These confidentiality requirements apply to Students’ parents or guardians with the exception of a health or safety emergency, an alcohol or Drug violation, or if the Student is financially dependent on the parents or guardians. Federal law makes exceptions in these cases and does allow the College to share disciplinary information with specific persons. In addition, FERPA allows the College to disclose a Student’s education record without prior written consent when the disclosure is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may include only the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. Furthermore, FERPA permits the College to disclose sanction information to a Student or party who has filed a report of conduct that is a violation under Personal Abuse (see Section D.3. under Violations of Expectations for Student Conduct) when any sanction directly relates to the Reporter.
3. Inspection. Students may request to inspect or view their disciplinary records in accordance with FERPA. To do so, a Student should make an appointment with the Director of Student Conduct. Records are not immediately available to Students because they must first be reviewed for confidential information regarding other Students, and thus may need to be redacted. Upon request, the Office of Student Conduct will provide Students with copies of redacted incident reports, letters, and any forms or receipts in the Student’s file. Students may make arrangements to review the recording as an element of his or her education record by making arrangements with the Office of Student Conduct. However, copies or transcripts of any recording will not be provided. Please note that it is not the College’s practice to provide Students with copies of the information listed above during an open or active investigation.
4. Reporting. If a Student has given proper permission for the College to share disciplinary information to a third party, it is the practice of the College to only disclose a disciplinary file if a Student has ever been placed on a pending termination of housing or pending suspension status, has been removed from housing, or has been suspended or expelled from the College. The College retains discretion to release additional information contained in a Student’s disciplinary file if a third party requires disclosure of further information, or if a Student separates from the College with any pending Student conduct matters. For further information on requesting a disciplinary file please go to the following site: Disciplinary Background Check Information.
5. Petition for administrative deletion. Disciplinary records may be administratively deleted upon review and approval by the Dean of Students. When a record is administratively deleted, the information it contains is no longer part of an official disciplinary record. The College is required by law and College Policy to retain for statistical purposes information re garding certain types of disciplinary violations. Statistical information from deleted files may be retained with the Student’s name and Student identification number removed. Administrative deletion affects only information maintained by the Office of Student Conduct. Copies of letters distributed by or to other College departments, incident reports, police reports, and the results of previous background checks reported outside of the Office of Student Conduct are not affected by an administrative deletion. Petitions for an administrative deletion may be made no sooner than one year after the date of the Student’s last finding of responsibility from the student conduct process or one calendar year prior to his or her anticipated graduation, whichever is later. The request must be made in writing to the Dean of Students by submitting a form and may not be granted for conduct that resulted in suspension or expulsion from the College and may also be denied for conduct that posed a threat to a member of the College community or serious damage to College property.

Violation of Law and Student Conduct Code

College student conduct proceedings may be instituted against a Student charged with conduct that potentially violates both the criminal law and College Policy without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under these Procedural Standards may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Director of Student Conduct. Prior determinations made or sanctions imposed under these procedural standards will not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules are later dismissed, reduced, or resolved in favor of the criminal law defendant.

Leave of Absence or Withdrawal

1. Individuals who withdraw or take a leave of absence from the College while a conduct matter or any sanction is pending will have a registration hold placed on their Student account(s) and will be notified of the pending matter and registration hold.
2. If documentation of an incident is brought to the attention of the Office of Student Conduct after an individual separates from the College, but includes conduct that allegedly occurred while an individual was a Student, or conduct that occurred after separation from the College but has an adverse impact on the campus community, the College retains discretion to assign any charges, ban the individual from campus, and/or place a registration hold on the individual’s account pending adjudication.
3. The College retains discretion to determine when there is enough information available or it is necessary to adjudicate charges for formerly enrolled Students. An individual may contact the Office of Student Conduct to request arrangements to adjudicate or dispose of the matter before the registration hold will be released.

Ewing Criminal Lawyer for Charges at TCNJ

If you or your child is the subject of criminal charges or disciplinary proceedings at TCNJ, hiring the right lawyer to defend the case is pivotal. The attorneys at The Law Offices of Jonathan F. Marshall have defended many offenses of this nature over the last few decades and are prepared to undertake efforts for you. Call our Lawrence NJ Office at 609–683–8102 for a free consultation with a criminal attorney on our staff.