Statement of Personal Rights & Responsibilities

Caldwell University has the right and the responsibility to set standards of conduct in order to safeguard the freedom to learn and to provide for the safety of persons on the campus. The University reserves the right to request at any time the withdrawal of a student who cannot or does not maintain the required standard, whose conduct is not satisfactory, or whose conduct violates any of the University’s policies or rules of conduct.

Rights and standards of conduct include:

1. The right to be free from discrimination, to be treated equally and as an individual without regard to sex (including pregnancy and sexual harassment), race, color, age, national origin, disability, handicap, religion, status as a veteran, affectional or sexual orientation, gender identity or expression, marital status, domestic partnership or civil union status, or on the basis of any other characteristic protected by applicable federal, state, or local law(s).

2. The freedom to express one’s views in a manner consistent with the University’s mission; the freedom to meet peaceably on University property with other members of the University community, and freedom of religion and political beliefs.

3. The right to assemble with others, to move about freely, and to join and organize associations for educational, political, social, religious, or cultural purposes.

4. The right to be treated fairly and to have access to a process through which a deprivation of rights can be resolved.

Responsibilities include:

1. The responsibility to refrain from discriminating, harassing, or treating individuals unequally on the basis of sex (including pregnancy and sexual harassment), race, color, age, national origin, disability, religion, status as a veteran, affectional or sexual orientation, gender identity or expression, marital status, domestic partnership or civil union status, or on the basis of any other such characteristic protected by applicable federal, state, or local law(s).

2. The responsibility to permit one another to express views consistent with the University’s mission, to meet peacefully on the University property with other members of the University community, not to interfere with other members of the community’s freedom of religion and political beliefs, and to respect the person, possessions, and residences of others.

3. The responsibility not to interfere with others’ rights to assemble, move about freely, and join and organize associations for educational, political, religious, social, and cultural purposes.

4. The responsibility to treat others fairly.

In the event of an emergency when it is necessary to protect the health or safety of the student or others, the University will notify parents and/or guardians, regardless of the age of the student.

Statement of General University Regulations

Students are subject, both on- and off-campus, to all federal, state, and local laws and ordinances, as well as University rules and regulations. Students are subject to such disciplinary action as deemed appropriate, including suspension and expulsion, for acts or omissions that are prohibited by federal, state, or local laws or University rules and regulations. A student is subject to disciplinary action by the University Student Conduct process whether or not civil/criminal proceedings have been initiated. University conduct proceedings and hearings are not criminal proceedings. This principle extends to conduct that is likely to have adverse effects on the University and its stated mission, on the educational process, or that indicates the individual who committed the violation is an irresponsible member of the University community.

The following activities constitute violations of the Caldwell University Code of Student Conduct. They are punishable by sanctions imposed pursuant to the student conduct procedures of the University as set forth in this handbook.

Behavioral Code of Conduct

1. Engaging in conduct which is in violation of federal, state, or local laws.

2. Engaging in conduct which the University determines is in violation of policy, mission, or value of the University.

3. Endangering the health and safety of any person.

4. Physical, written, verbal, electronic, or mental abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health, safety, or emotional well-being of others. For additional information, see Institutional Policy Prohibiting Discrimination, Harassment, and Sexual Violence.

5. Conduct which is disorderly, lewd, or indecent; breach of peace; taunting; or aiding, abetting, or inciting and/or procuring another person to breach the peace on- and/or off-campus.

6. Attempted or actual hazing. See Anti-Hazing Policy for more information.

7. Community Safety Violations

a. Starting fires and/or causing explosions.

b. False reporting of fires, bombs, and/or emergencies.

c. Tampering with fire or other safety equipment.

d. Misuse of safety equipment (i.e., deployment of fire extinguishers inappropriately).

e. Failure to report malfunctioning or deployed fire safety equipment.

f. Failure to evacuate any building in which a fire or other emergency alarm has been sounded.

g. Orchestrating or participating in any prank that threatens the safety of others.

h. Ball playing, bouncing a ball, hockey, racquet sports, in-line/roller skating, throwing Frisbees, bicycling and   skateboarding, in campus buildings unless specifically designated for those activities.

i. Unauthorized animal(s) in campus buildings. Service animals, when documented, are permitted in accordance with the ADA. All dogs on campus must be leashed at all times. Owners are responsible for any damage or injury caused by the service animals.

j. Crawling or climbing into or out of any window on the campus is prohibited.

k. Hoverboards are not permitted anywhere on the Caldwell University campus. The term ”hoverboards” includes but is not limited to self-balancing scooters, battery operated scooters, hands-free segways, and electric powered skateboards.

l. Failure to abide by traffic regulations and/or driving recklessly is prohibited.

8. Attempted or actual intentional disruption or obstruction of teaching, research, administration, and/or other University- sponsored activities, or inciting others to do so. Includes but is not limited to:

a. Participating in an on-campus or off-campus demonstration, riot, or activity that disrupts the normal operation of the University and/or infringes on the rights of other members of the University community.

b. Leading or inciting others to disrupt the scheduled and/or normal activities within any campus building or area.

9. Weapons

a. Possession and/or use of firearms, fireworks, handheld sparklers, ground-based sparkling devices, novelty fireworks, ammunition, explosives, chemicals, or any dangerous weapons or other objects are prohibited.

b. Possession of weapons or other dangerous items including but not limited to BB guns, pellet guns, paint guns, bows and arrows, brass knuckles, martial arts equipment, knives with a blade over 3” in length, and/or switchblade knives of any size are prohibited.

c. Possession of any instrument designed to look like a firearm, explosive, or dangerous weapon is also prohibited.

d. Failure to report the presence of illegal or unauthorized firearms, explosives, other weapons, or dangerous chemicals or use of any such item to an appropriate University official is prohibited.

10. Alcohol and other drug policy violations (For more detail, see Alcohol and Other Drugs policy.)

a. Violation of the University Drug Policy.

I.  Use, manufacture, possession, possession by consumption, sale, distribution, or intent to distribute any amount of illegal or controlled drugs or other substances and the misuse or sale/distribution of prescription drugs is prohibited. Controlled substances include, but are not limited to, illegal drugs, prescription drugs, designer drugs, bath salts, caffeinated alcoholic beverages, powdered alcohol, and other chemicals that alter the perceptions and motor abilities of an individual are prohibited.

II.  Use or possession of drug paraphernalia or items that have been or can be used to smoke or ingest illegal drug substances such as, but not limited to pipes, hookahs, bowls, bongs, and rolling papers, is prohibited.

III.  Anyone in the presence of any other person on campus who is possessing, consuming, or selling drugs is in violation of University policy and/or law.

b. Violation of the University Alcohol Policy.

I.  No one under the legal age for drinking shall be served or allowed to sell, purchase, consume, have in their possession, or be in the presence of alcoholic beverages.

II.  University policy permits the consumption of alcoholic beverages only by persons of legal age at approved social functions when specific permission has been obtained from the appropriate authorities.

III.  Even if there is no violation of federal, state, or local laws, students are prohibited from being intoxicated, encouraging or contributing to the intoxication of another person, participating in drinking games, or carrying open containers of alcoholic beverages outside the limits of the permitted social gathering.

IV.  The use of bulk containers of alcohol (kegs and beer balls) without prior permission is prohibited.

V.  The use and possession of alcoholic beverages by persons aged 21 or older is permitted in residence halls under certain conditions. Failure to meet those conditions is equal to a violation. See Alcohol and Other Drug policy.

VI.  The sale of alcoholic beverages at events on campus (outside of properly licensed premises) is prohibited unless a valid license is obtained from the Borough of Caldwell. License application is subject to the approval of the Office of Student Engagement.

VII.  Students will be held accountable for any vandalism, harassment, drunk and disorderly conduct, public urination, or other violations while under the influence of alcohol or drugs, whether or not the student is of legal drinking age.

11. Identification, lying, and misrepresentation

a. Failure or refusal to present identification upon request by any authorized personnel acting within their authority is prohibited. Caldwell University ID must be carried at all times.

b. Furnishing false information to any University official, faculty/staff member, or office is prohibited.

c. Forgery, alteration, or misuse of any document, record or instrument of identification is prohibited.

d. Impersonation of any other individual or misrepresentation in any manner whatsoever of personal identification is also prohibited.

e. Tampering with the election of any University recognized student organization is prohibited.

f. Making commitments in the name of Caldwell University without authorization is prohibited. This includes but is not limited to:

I.  Signing contracts without the proper administrative permission.

II.  Sponsoring, booking, or contracting of a service, speaker, activity, and film, without authorization.

g. Making use of the University seal without explicit authorization is prohibited.

12. Theft or misuse of property of the University, property of a member of the University community, or other personal or public property.

13. Attempted or actual damage to property of the University, property of a member of the University community, or other public property, on or off campus, including but not limited to:

a. Throwing or projecting any material whatsoever from a building, toward a building, near a building, or near any other person is prohibited.

b. Littering is prohibited.

c. Vandalism is prohibited.

14. Illegal gambling at any time, in any form is prohibited. All those present where gambling is in process are considered participants.

15. Smoking inside any campus building(s) or within smoke free zones (25 feet from the building).

a. Smoking in any campus building(s) and/or within smoke free zones (25 feet from the building).

b. Use of any smoke-related devices, including, but not limited to vaporizers, hookahs, e-cigarettes, and pipes, is not permitted. See Smoke Free Campus Policy.

16. Failure to comply with oral or written requests or instructions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself as required is prohibited.

17. Unauthorized entry into, use of, or occupancy of University facilities and/or equipment. Includes unauthorized possession, duplication, or use of University keys to any facility or property is prohibited.

18. Unauthorized sales, solicitation, fund raising, raffles, or advertising in any buildings or on the campus grounds is prohibited.

19. Unauthorized posting of signs, flyers, or posters is prohibited. See Publicity Policies.

a. Unauthorized placement of materials into student mailboxes.

b. Failure to identify the sponsor of the approved event.

c. Failure to remove postings after the event.

d. Posting on glass doors/windows, cars, painted surfaces, or bricks.

20. Quality of Life

a. Activities are prohibited that disturb others.

b. Students are expected to routinely check their University email on a regular basis.

21. Guest Violations

a. Allowing a guest to violate University policy and/or federal, state, and local laws is prohibited.

b. A guest may be removed from campus at any time, for just cause, by a University official.

c. Caldwell students are responsible for payment of any damages made by their guest(s).

22. Computer misuse and unaouthorized use of technology is prohibited. This includes, but is not limited to the following:

a. Use of another person’s login name and/or password.

b. Obtaining access to the files or communications of others without proper authorization and with no substantial University business purpose.

c. Attempting to intercept any electronic communication without proper authorization.

d. Use of computer programs to decode passwords or access control information.

e. Attempt to circumvent or subvert system security measures.

f. Intentionally engaging in any activity that might be harmful to systems or to any information stored thereon, such as creating or propagating viruses, disrupting services, modifying or damaging files, or changing network settings.

g. Use of University systems for partisan political purposes, such as using electronic mail to circulate advertising for political candidates. However, small groups/clubs, e.g., Young Democrats or Republicans, may circulate information among themselves.

h. Use of University computing resources, including the University network, to violate state, federal, or local laws. This includes, but is not limited to, violation of the Copyright Act.

i. Use of University networks or e-mail accounts provided by the University to harass, intimidate, or otherwise interfere with the ability of others to conduct University business and academic pursuits. This includes sending unsolicited and unauthorized mass mailings.

j. Use of the University’s systems for personal gain; for example, by selling access to your login name and password or by performing work for profit in a manner not authorized by the University is prohibited. The full policy is available on the portal for those with appropriate log-in access at: https://my.caldwell.edu/ICS/ Campus_Community/Information_Technology/Appropriate_Use.jnz. See Prohibited Uses of Computing Resources.

23. Abuse of the Student Conduct System is prohibited. This includes, but is not limited to, the following:

a. Failure to obey the summons of a Student Conduct Board or University official.

b. Falsification, distortion or misrepresentation of information before a Student Conduct Board or University official.

c. Disruption of or interference with the orderly conduct of a student conduct proceeding.

d. Initiation of a Student Conduct Board proceeding knowingly without cause.

e. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.

f. Attempting to influence the impartiality of a member of a Student Conduct Board or University official, prior to, or during the course of a student conduct proceeding.

g. Verbal or physical harassment and/or intimidation of a member of a Student Conduct Board or University official prior to, during, or after the student conduct proceeding.

h. Failure to comply with the sanction(s) imposed under the Code of Student Conduct.

i. Influencing or attempting to influence another person to commit an abuse of the student conduct system.

24.  Violation of a residence hall contract or any other contract with the University is prohibited.

25. Threat of, actual disruption of, or interference with the operations of the University or the University community is prohibited. 

26.  Failure or refusal to cooperate in an investigation conducted by or on behalf of the University is prohibited.

Compliance with the Code of Student Conduct is the responsibility of every member of the University community. Administratively, the Dean for Student Life is entrusted with the responsibility of assuring compliance with the Code of Student Conduct. It is this office that is responsible for reviewing student conduct in general, educating students to appropriate community standards, and, as necessary, assigning sanctions or prohibited violations for the purpose of encouraging compliance with those standards. Students are representatives of Caldwell University, and conduct away from campus can reflect upon the University as well as upon the individual. Thus there may be instances in which violation of a public law by a student may adversely affect the interests of the University. Under such circumstances, the University may take disciplinary action in addition to the sanctions proscribed by the law.

The purpose of Caldwell’s student conduct system is to promote the University’s policy of encouraging and maintaining personal and community responsibility consistent with mature citizenship.

Allegations related to prohibited forms of discrimination or harassment, including Title IX complaints, will be investigated using the procedures described in the Policy Prohibiting Discrimination and Harassment. This policy is found in the Institutional Policy Prohibiting Discrimination, Harassment, and Sexual Violence as well as Volume II of the Caldwell University Policy Manual.

Any student or group of students found violating the Code of Student Conduct shall be referred to the Dean for Student Life, or designee. A student accused of violating the Code of Student Conduct shall be notified of the specific allegations against the student by the Dean for Student Life or designee within a reasonable length of time after the receipt of the allegations. The accused student may be directed to meet with the Dean for Student Life or designee at a specific place and time. The Dean for Student Life or designee may make a decision about the student’s responsibility for violating the code of conduct and any appropriate sanctions. Or, it may be determined that a Student Conduct Board hearing will be convened for cases that are more serious or complex. This Board, appointed annually by the University President in consultation with the Dean for Student Life, shall be comprised of representatives of the student body, faculty, and administration. Except in extraordinary circumstances, the accused student shall be free from sanctions pending the conclusion of the student’s meeting with the Dean for Student Life or designee. In extraordinary cases, the Dean for Student Life may take appropriate interim measures, including temporary suspension of the accused student pending a hearing. For more information, see the section on “Emergency Suspensions” below. Whereas students have the right to attend student Conduct Board proceedings, failure to appear may result in the proceedings occurring in the absence of the student. Choosing not to attend the hearing does not constitute grounds for appeal as the student was not denied the opportunity to attend.

Minor Violations

After an inquiry, violations deemed not to constitute acts that could result in suspension or expulsion may be handled by an administrative hearing officer and result in one or more of the following conduct actions:

1. Formal written warning (notice in writing that a continuation or repetition of poor conduct, within a period of time stated in the warning, will be cause for more severe disciplinary action).

2. Educational sanction (a task that is related to the misconduct involved and designed to increase the student’s understanding of the regulation that was violated and/or the impact on the community).

3. Community service hours.

4. Fines.

5. Disciplinary probation (a written reprimand for violations of specific regulations, stating the possibility of more severe disciplinary action in the event of the finding of a violation of any regulation within a stated period of time, and/or exclusion from participation in University activities except those directly involved with the student’s academic course of study).

6. Restitution.

Any formal warning or notice of disciplinary probation will be noted in the student’s record. The outcome of any inquiry into a minor violation will be noted in a student’s record, and may be reportable. Failure to pay any fine levied will prevent a student from registering for or attending classes, and may result in the withholding of transcripts and/or diploma.

Major Violations

Serious violations of the Code of Student Conduct in which the sanction of suspension or expulsion could be imposed must be reviewed by the University Student Conduct Board. At the request of the Dean for Student Life, the Student Conduct Board meets to review cases involving serious breaches of discipline that could result in a student’s long-term suspension or dismissal from the University. The Student Conduct Board is an impartial body designed to ensure that serious charges are heard and decided in a fair manner.

Certain very serious violations will automatically be heard by the Student Conduct Board. Examples include but are not limited to distribution of controlled substances, seriously endangering others, and most arrests on- and off-campus. Alleged violations of the Policy Prohibiting Discrimination and Harassment will follow the described process. See Institutional Policy Prohibiting Discrimination, Harassment, and Sexual Violence.

The student has the following procedural rights when charged by the University with an alleged serious violation of the Code of Student Conduct:

1. Notice of the charge that a violation of the Code has allegedly taken place.

2. Notice of the allegations that form the basis for the charge.

3. Notification of disciplinary proceedings.

4. Presumption of innocence.

5. Opportunity to present information to be considered during the hearing.

6. Opportunity to review any written materials that may be relied upon or used in connection with the hearing.

7. Confidentiality, to the extent possible, in the investigation and proceedings to the extent permissible by law.

8. Opportunity to appeal consistent with the policy of Caldwell University.

9. Students have the right not to appear at the hearing; however, the hearing will proceed as scheduled in the absence of the student. The Student Conduct Board will deliberate based on the evidence provided to them. Failure to appear does not constitute a reason for appeal.

Possible Sanctions for Major Violations

In addition to any of the sanctions listed above under minor violations, students found responsible for major violations may also be subject to suspension or expulsion.

1. Suspension

Suspension of a student may be recommended when serious violations of the Code of Student Conduct occur, or when the conditions of disciplinary probation are disregarded. The Dean for Student Life will initiate the formal process of review by requesting that the Student Conduct Board meet and conduct a hearing. The hearing will be held no later than ten (10) business days after the Dean for Student Life has initiated the process. Suspension is ordinarily carried out only upon the recommendation of the Student Conduct Board. The outcome of the hearing will be communicated in writing to the student within two (2) business days of the Board making its decision. A student who is suspended forfeits all rights and privileges of student status, including the right to attend classes and University-sponsored activities. If suspension is recommended, it shall be effective immediately and imposed for a specific period of time. The actions of the Student Conduct Board will be noted in the student’s record.

2. Emergency Suspensions

In extraordinary or emergency situations, particularly when a student’s presence may reasonably be deemed to pose a direct threat to other persons or property, or to prevent a threat of seriously disrupting the academic process or University community, a student may be immediately suspended by the Dean for Student Life, the Vice President for Academic Affairs, or their designee. An emergency suspension may be followed by student conduct proceedings. A student suspended on an emergency basis shall be given the opportunity to appear personally before the Dean for Student Life or designee in order to discuss the following points only:

a. Reliability of the information concerning the student’s conduct, including the matter of his or her identity.

b. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the University campus poses a substantial danger or threat of harm to others.

c. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the University campus poses a threat to the stability and continuance of the regular, undisrupted functioning of the University or University community.

Emergency suspensions shall not exceed ten (10) business days, during which time the Student Conduct Board will convene and conduct a hearing. The Student Conduct Board will perform its review as soon as possible after being convened by the Dean for Student Life. The Board will communicate its decision in writing to the student within two (2) business days after making its decision. The actions of the Student Conduct Board will be noted in the student’s record.

Students suspended on an emergency basis may not withdraw from the University before the conclusion of their conduct case.

3. Expulsion

Expulsion may be recommended to the Dean for Student Life when extreme violations of the Code of Student Conduct occur or when previous suspensions have been issued to a student and there has been little or no improvement in behavior.

Expulsion involves the total permanent separation of a student from the University. No student may be expelled before a hearing is held by the Student Conduct Board. The Student Conduct Board will review the case as soon as possible after being convened by the Dean for Student Life. The Board will communicate its decision in writing to the student within two (2) business days after making its decision. The actions of the Student Conduct Board will be noted in the student’s record.

4. Appeals

Students may appeal the decision of the Student Conduct Board by filing a written request for review with the appeal officer designated for the particular case, usually a Dean for Student Life, no later than five (5) business days after receipt of notice of the Board’s decision. Note that the appeal may be based on process related issues, not on the facts of the case or a disagreement with the outcome (see below). The appeal officer will review the matter and may confirm or reverse the decision, but may not increase any penalty imposed. Within a reasonable time of receipt of the request for review, the appeal officer will advise the student, in writing, of a decision. Please review the Institutional Policy Prohibiting Discrimination, Harassment, and Sexual Violence for details of the appeals process applicable to alleged violations of that policy (see Appeals Policy).

An appeal may be made for one or more of the following reasons:

a. A procedural error occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias or material deviation from established procedures);

b. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; and/or

c. The sanctions imposed are substantially disproportionate to the severity of the violation.