BURLINGTON COUNTY COLLEGE CODE OF CONDUCT

A. Purpose
The purpose of this Code of Conduct is to protect Burlington County College, its academic and social community, and its property from harm resulting from acts of its students causing injury thereto, or threat of injury.

To this end, this Code defines prohibited conduct and provides for imposition of appropriate discipline upon those students whose acts are violative of its standards of conduct, by means of hearing procedures affording both prompt disciplinary determinations and appropriate due process to the alleged violator.
Students at Burlington County College may be accountable to the civil authorities, as well as to the College, for acts which constitute violations of law as well as violations of this Code. In such event, College disciplinary actions will proceed notwithstanding the pendency of any criminal, drug or disorderly persons proceedings. Similarly, dismissal or acquittal of such concurrent legal proceedings will not necessarily result in dismissal of College disciplinary actions.

The College recognizes that its inherent powers and responsibilities to act so as to protect the safety and well-being of the campus community are broad, and that the potential range of student misconduct which could harm persons and property on campus is also broad. Accordingly, these regulations are to be interpreted broadly so as to effectuate to the fullest extent the protection of the Burlington County College community. These written regulations are intended to define prohibited offenses with precision so as to give students notice of the behavioral standards expected of them. They are not meant to define misconduct in exhaustive terms.

B. College Policy on Student Violations of Law
On-campus misconduct constituting a criminal, drug or disorderly persons offense will be immediately reported to the appropriate authorities for their investigation. Where a student’s illegal act also is violative of this Code, proceedings will be instituted under this Code. Where the College itself is a victim of the illegal act, and where witnesses are available to present statements to investigators and to testify in court, the College will file a court complaint against the student.

The Public Safety Department is responsible for investigating all student violations of law that occur on campus, and should be notified immediately upon detection of any such violation. As soon as practicable upon receipt of such notification, it shall advise the appropriate civil law enforcement authority of such violation and that an investigation is being made. It shall take whatever action may be necessary, legal and proper within the scope of its authority with respect to such violation, for the protection of persons and property on campus, and shall cooperate fully with the civil authorities in the apprehension of suspects, preservation of evidence, aid to victims, and all other aspects of the case. A complete factual report shall be prepared by said department promptly after the occurrence of each such violation and a copy thereof sent to the chief student development officer. Said report shall be prepared whether or not the violation is also investigated by a civil law enforcement authority.

C. Prohibited Conduct
The following acts when committed by students of Burlington County College shall be deemed misconduct subject to imposition of discipline under this Code.

1. Intentionally or recklessly causing physical or psychological harm to any person on College property or at College sponsored activities, or intentionally or recklessly causing reasonable apprehension of such harm.
2. Commission on or off campus of any offense involving danger to the person, as specified in part 1 of sub-title 2 of the New Jersey Code of Criminal Justice, N.J.S.A. 2C:11-1 et seq., or in a comparable law of the jurisdiction in which said offense was committed if other than New Jersey. If said student has been named as a defendant in a criminal complaint and if said student’s presence on campus endangers his physical or emotional safety and well-being, or endangers the safety and well-being of other students, teachers, and members of the College community.
3. Unauthorized use, possession or storage of any weapon on College property or at College sponsored activities.
4. Intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency on College property or at College sponsored activities.
5. Intentionally or recklessly interfering with normal College or College sponsored activities, including, but not limited to, studying, teaching, research, extracurricular activities, job placement activities, College administration, or fire, police or emergency services.
6. Knowingly violating the terms of any disciplinary sanction imposed in accordance with this code.
7. Unauthorized distribution, use, or possession of any substance constituting a “controlled dangerous substance” within the meaning of the New Jersey Controlled Dangerous Substance Act, N.J.S.A. 24:21-1 et seq., or any illegal drug, on College property or at College sponsored activities.
8. Intentionally or recklessly misusing or damaging fire safety equipment.
9. Intentionally furnishing false information to the College.
10. Forgery, unauthorized alteration, or unauthorized use of any College document or instrument of identification.
11. All forms of academic dishonesty, including cheating, fabrication, facilitating academic dishonesty and plagiarism.
12. Intentionally and substantially interfering with the freedom of expression of others on College property or at College sponsored activities.
13. Theft of property or of services on College property or at College sponsored activities; knowing possession of stolen property on College premises or at College sponsored activities.
14. Intentionally or recklessly destroying or damaging the property of others on College property or at College sponsored activities.
15. Failure to comply with the directions of College officials, including campus Public Safety officers, acting in performance of their duties.
16. Violation of published College regulations or policies, as approved and compiled by the Board of  Trustees, President, or their designates. Such regulations or policies include, without limitation, regulations relating to entry and use of College facilities, sale or consumption of alcoholic beverages, use of vehicles and amplifying equipment, campus demonstrations, and misuse of identification cards.
17. Unauthorized presence in or use of College premises, facilities or property.
18. Unauthorized use or possession of fireworks on College premises.

D. Sanctions
One or more of the following disciplinary measures may be imposed upon students found to have violated this Code.

1. Expulsion. Permanent dismissal from the College.
2. Suspension. Separation from the College for a specified period of time.
3. Disciplinary probation. Loss of participation in extracurricular activities, athletics, and/or holding of office in student organizations, for specified time period.
4. Restitution. The obligation to replace, or pay for property damaged, or to compensate for losses incurred, as a result of the violation.
5. Loss of privileges. Temporary revocation of such privileges as driving on campus, use of the cafeteria, library borrowing privileges, etc.
6. Reprimand. Warning to the student (written for serious violations, oral for minor ones) for having engaged in misconduct.
7. Performance of conciliatory act. If the student and the College are mutually agreeable and if circumstances of the violation and the student’s attitude so warrant, a disposition may be made that will avoid imposition of a sanction yet will require some conciliatory act of the student evidencing a positive attitude toward his/her conduct in the future. Examples include:
   • Behavioral counseling;
   • Voluntary withdrawal with opportunity to resume studies at a later time, and with a plan for the interim period;
   • Performance of some service for the College in mitigation of harm caused by the misconduct.

E. Range of Sanctions

1. Violations of sections c.1. through c.7. of this Code may result in expulsion, unless specific and significant mitigating factors are present. Factors to be considered in mitigation shall be the present demeanor and past disciplinary record of the alleged violator, as well as the nature of the violation and severity of any damage, injury or harm resulting from it.
2. Violations of sections c.8. through c.13. of this Code may result in suspension, unless specific and significant mitigating factors as specified in section e.1 are present.
3. Repeated or aggravated violations of any section of this Code may also result in expulsion or suspension or in the imposition of such lesser sanctions as may be appropriate.
4. Attempts to commit acts prohibited by this Code may result in imposition of the same discipline as for actual misconduct.
5. The sanction imposed in a particular case should be appropriate and just depending on the facts of that case. The burden of establishing facts in mitigation of expulsion or suspension will be upon the alleged violator.

F. Procedure When Misconduct Occurs

1. When misconduct occurs, any person observing it should immediately tell the Vice President of Student Services, who shall immediately speak to the alleged violator and to any persons harmed by the misconduct or witness to it. The Vice President of Student Services shall discuss the matter informally with the alleged violator, telling him/her what he/she is accused of doing and what the basis of the accusation is, and giving the student an opportunity to explain his/her version of the facts if he/she wishes to do so. If after this informal discussion the chief student development officer reasonably concludes that the alleged violator’s presence on the campus poses a continuing danger to a person or property or an ongoing threat of disrupting the academic process, the chief student development officer may immediately remove such student from campus, with the aid of the Public Safety Department if necessary. After such removal, the student shall not be permitted to return to the campus until a final decision on his or her case is rendered, except to participate in the disciplinary proceedings. Following such removal, the chief student development officer shall issue a complaint. If the misconduct occurs at an external campus, the site supervisor will assume the role of the chief student development officer. As soon as practicable, the site supervisor will contact the chief student development officer.
2. In all other cases, the chief student development officer shall have the following options:
   • If he/she reasonably concludes that the alleged misconduct did not constitute a violation of this Code or that the alleged violator did not commit misconduct, he/she shall advise such student that no further disciplinary proceedings will be taken in connection with the incident unless a written complaint is filed by a person other than the chief student development officer.
   • If he/she reasonably concludes that the alleged misconduct probably constituted a violation of this Code and was probably committed by the student, he/she shall issue a complaint.
3. Any person having knowledge of a violation of this Code by a College student may file a written complaint with the chief student development officer. The chief student development officer in such case shall issue the complaint. If the chief student development officer has not discussed the matter informally with the alleged violator as provided in section f.1., he/she may do so, and thereafter may remove such student from campus as further provided in section f.1.
4. The chief student development officer shall immediately notify the Department of Public  Safety of occurrence of any misconduct constituting a student violation of law. (See Section B above).

G. Complaints: Pre-Hearing Procedures.

1. Disciplinary proceedings under this Code shall be initiated by the filing and issuance of a complaint. No particular form of complaint is required; however, the following information must be included if known:
   • Name of alleged violator;
   • Date, time and place of the alleged violation;
   • A factual description of the alleged violation, including persons or property harmed and the nature of the harm;
   • Names of all witnesses who will be called to testify against the alleged violator, and a summary of the facts to which each witness will testify; and
   • The provisions of this Code (section C) that were violated.
2. A complaint is filed when it is received by the office of the chief student development officer. A complaint is issued when it is served upon the alleged violator. Any person having knowledge of a violation may file a complaint, or the chief student development officer may file it on his/her own motion. Only the chief student development officer may file it on his/her own motion. Only the chief student development officer or his/her designee may issue a complaint.
3. Upon issuance of a complaint, copies shall be submitted to the chairperson of the Code of Conduct Committee and to the President of the College.
4. The complaint shall be set down for hearing by the chairperson of the Code of Conduct Committee, who shall notify the alleged violator of the date, time and place of the hearing and shall include with said hearing notice of a copy of this Code. The hearing date shall be within 10 working days of receipt by the Chairperson of the complaint. A request by the alleged violator for postponement or rescheduling of the hearing shall be made promptly to the chairperson, who may (but is not required to) honor it if good cause is shown.

H. Hearings

1. Disciplinary hearings by the Code of Conduct Committee shall be closed to the public. Only the following may attend: The alleged violator and his/her representative; the chief student development officer and his/her representative; the complaining party (if other than the chief student development officer) and his/her representative; and witness. Failure of the alleged violator to appear at the hearing, personally or by representative, after proper notice shall not be cause to postpone or cancel the hearing which may proceed in such person’s absence.
2. The alleged violator may be represented by counsel or other representative at his/her own expense.
3. The complaining party may be represented by counsel or other representative at his/her own expense.
4. The hearing shall be presided over by the chairperson. All members of said Committee may question witnesses. In the event the Chairperson is absent or is unable to act as chairperson for any reason, an acting chairperson shall be designated from the membership of said Committee by the chief student development officer.
5. The alleged violator shall not be compelled to testify on his/her own behalf, but may do so upon his/her own request.
6. All testimony shall be given under oath.
7. The hearing shall be recorded and, in the event of an appeal, shall be transcribed.
8. All relevant evidence is admissible at the hearing, except as otherwise provided herein. Evidence deemed repetitious, unduly prejudicial, or likely to cause confusion, may be excluded. Evidence not within the personal knowledge of a witness, or not within that witness’s experience or training if such be material to the testimony, may be excluded. Rule of privilege recognized by law or by the New Jersey Rules of Evidence shall apply to the extent permitted by the context and similarity of circumstances. Hearsay evidence shall be admitted, and shall be given whatever weight the Committee deems appropriate considering its nature and reliability.
9. The complainant and alleged violator, by their counsel or other representatives if represented, may examine and cross-examine witnesses.
10. The complainant and alleged violator, by their counsel or other representatives if represented, may present a closing argument or statement to the Committee.
11. Immediately after the hearing, the Code of Conduct Committee shall meet, in private, to determine whether the alleged violator has committed the violation or violations as charged. Said decision shall be by majority vote. In the event of a tie vote, the complaint will be dismissed. In the event the Committee finds that the alleged violator has committed a violation, the Committee shall also determine an appropriate sanction by majority vote.
12. The Chairperson shall promptly announce the decision of the Committee. A written report of this decision, along with the stated disciplinary measures, if applicable, shall be forwarded to the President of the College and to the violator, for implementation.

I. Appeals

1. Any student found to be in violation of this Code under the foregoing procedures may appeal the decision of the Code of Conduct Committee directly to the President of the College. An appeal shall stay implementation of sanctions, but shall not permit a student removed from campus to return.
2. The notice of appeal must be received at the office of the President of the College within five College working days of the date of the Committee’s decision. No particular form of notice is required.
3. A copy of the notice of appeal must be filed with the Chairperson of the Code of Conduct Committee.
4. After a notice of appeal has been filed, a transcript of the hearing shall be prepared as soon as practicable and shall be forwarded to the President of the College and the appellant or his representative.
5. The President of the College, within ten College working days of receiving the notice of appeal, shall either affirm, reverse, or modify the decision of the Code of Conduct Committee. The President’s written decision shall be forwarded to the student or his/her representative, to the chief student development officer, to the complainant and to the Chairperson of the Code of Conduct Committee. The President’s written decision shall include his/her reasons for arriving at said decision. Said decision shall be final.