Grievance Procedure for Students with Disabilities

Caldwell University has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints regarding failure to provide reasonable accommodation required by Section 504 of the Rehabilitation Act of 1973 and/or the Americans with Disabilities Amendments Act of 2008. Students who believe that they have experienced disability discrimination, harassment or retaliation for such can seek resolution through the University’s Anti-Harassment/Discrimination Policy (please refer to Volume II of the Caldwell University Policy Manual; or the Institutional Policy Prohibiting Discrimination, Harassment, and Sexual Violence).

A. Informal Procedure (Optional)

At the student’s option, a request for review of classroom accommodations in order to assist a student with a disability may be initiated by making a written request to the Director of the Office of Accessibility Services. The Director will initially review the request to assess whether the student has provided appropriate professional documentation evidencing the need for the accommodations requested and to assess the classroom accommodation that has been provided to the student, if any.

The Director will notify the student of his/her assessment and, if an accommodation, different accommodation or additional accommodation is recommended, will also notify the appropriate faculty member of that recommendation. If the student or faculty member is not satisfied with the outcome of the Informal Procedure, either or both of them may follow the Formal Procedure, below.

B. Formal Procedure:

1. A student or faculty member dissatisfied with a recommended classroom accommodation or a recommendation from the Director of the Office of Accessibility Services may file a written complaint and the basis for it, in the Office of Accessibility Services, within 10 calendar days after the designation of the accommodation or recommendation under the Informal Procedure, if applicable.
2. If the Director of the Office of Accessibility Services made a recommendation under the Informal Procedure, the written complaint should be filed (within 10 calendar days) with the Vice President for Academic Affairs.
3. The Director of the Office of Accessibility Services or his/her designee will investigate the allegations of the complaint. If the Director of the Office of Accessibility Services conducted an Informal Procedure, then, the Vice President for Academic Affairs will assign a designee to conduct the investigation.
4. All interested parties will be given the opportunity to present evidence relevant to the investigation.
5. Private medical information concerning the disability shall be kept confidential to the extent feasible and shall be disseminated only to those involved in the investigation on a “need to know” basis.
6. The Dean for Student Life will issue a written decision, and distribute copies of the decision to the interested parties no later than 30 calendar days after the complaint is filed, absent extraordinary circumstances. If the decision cannot reasonably be issued within that time due to extraordinary circumstances, then the Director will alert the parties of the same.
7. The Director of the Office of Accessibility Services will implement all appropriate remedial steps necessary to address any findings of failure to accommodate.
8. If either the student or faculty member chooses to appeal the decision, the appeal shall be made in writing within 10 business days of receipt of the decision. The appeal must be based on either (1) the claim that there is new evidence that was not previously available or (2) the claim that the investigation itself or decision rendered exhibited bias or other unfair treatment.
9. The appeal should be submitted to the Vice President for Academic Affairs.
10. The Vice President for Academic Affairs will render a final written decision and distribute copies of the same to all interested parties, including the Director of the Office of Accessibility Services, within 30 calendar days of the filing of the appeal. If the decision cannot be reasonably issued within the time frame because of extraordinary circumstances, then the Vice President for Academic Affairs will alert the parties of the same.

Caldwell University is bound by the laws of the federal government and Title 24 of the Statutes of New Jersey, which prohibit the illegal possession, possession by consumption, use, or distribution of marijuana, cocaine, or other hallucinogens and narcotic drugs, as well as the underage use, possession, possession by consumption, or distribution of alcohol. Although New Jersey legalized the licensed sale and consumption of marijuana for those above the age of 21, institutions of higher education remain places where marijuana is still illegal. Caldwell University follows the federal government regulations as they pertain to the use of marijuana for medical purposes. In addition, the University also prohibits the intentional misuse of over-the-counter products or prescription medication taken outside of  the strict directions of the health professional prescribing the medication and/or to obtain a state of intoxication.

The University may request the assistance of law enforcement officials when illegal substances are uncovered in a residence hall or anywhere on campus. The University cannot and does not protect an offender against the penalties of the law. Law enforcement officers, when armed with proper documents, have the legal right to search any and all buildings on campus without prior notice. A civil or criminal conviction in a prior year could negate future financial aid.

Students are also subject to Caldwell University’s Code of Student Conduct, as well as the Athletic Department’s Policies and Procedures if applicable, in matters concerning alcohol and other drug use. In addition, within the Residence Halls, students are subject to the Residence Halls Rules and Regulations. Note that being held accountable in one venue on or off campus does not preclude students being held accountable in the other venue(s) simultaneously.

Campus Regulations Governing the Use of Alcohol and Other Drugs

In accordance with the laws of the federal government, Title 24 of the Statutes of New Jersey, and New Jersey Statute 2C:33-15, the purchase and possession of alcohol or drugs and their use on the Caldwell University campus will be governed by the following regulations, violations of which are noted in number 10 of the Code of Student Conduct: Alcohol and Drug Policy Violations.

• Violations of the University Drug Policy include the following:
  • 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 not prescribed to the person in possession of or using such drugs, designer drugs, bath salts, caffeinated alcoholic beverages (Four Loko), powdered alcohol (Palcohol), and other chemicals that alter the perceptions and motor abilities of an individual.
  • Use or possession of drug paraphernalia or items that have been or can be used to smoke or ingest illegal drug substances (pipes, hookahs, bowls, bongs, and rolling papers), is prohibited.
  • 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.
• Violations of the University Alcohol Policy include the following:
  • 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.
  • Failure to abide by the University policy permitting 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.
  • 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.
  • Consumption of alcohol may not infringe upon the rights of others to sleep, study, or engage in appropriate activities.
  • The use of bulk containers of alcohol (kegs and beer balls) without prior permission is prohibited.
  • Failure to abide by the conditions set forth for permissible use and possession of alcoholic beverages by persons aged 21 or older.er.
    • Parties involving alcohol are prohibited in the residence halls. An alcohol party is defined as any gathering of residents where alcohol is being served or consumed and one or more of the following conditions exists:
      • there is obvious traffic in and out of the room/suite/ stairwell/hallway,
      • excessive noise exists, as determined by neighbors and/or staff, and/or
      • the total number of persons in the room/suite reaches or exceeds the maximum occupancy assigned to the room/suite (residents and allowed guests). [MJRH/Rosary Hall Doubles = 6 persons; MJRH Quads/Dominican Hall Suite = 12 persons]
      • Residents found hosting parties would be subject to disciplinary action. Guests attending a party will be subject to disciplinary action.
  • The sale of alcoholic beverages at events on campus (outside of properly licensed premises) is prohibited unless a valid license is obtained from the Township of Caldwell. License application is subject to the approval of the Office of Student Engagement.
  • Students will be held accountable for any vandalism, harassment, drunk and disorderly conduct, or other violations while under the influence of alcohol or drugs, whether or not the student is of legal drinking age.

Students are expected to comply with all federal, state, and local laws and ordinances, as well as University policy. Criminal activity by a student, whether it takes place on or off campus, may be cause for conduct action. Alcohol and other drug-related incidents on campus, at off-campus University-related activities, or off campus are reportable to the Dean for Student Life and may qualify as criminal offenses that warrant arrest. Residence Hall incidents are also reported to the Director of Residence Life. All are referred to Counseling Services. Each case will be handled with the utmost care to benefit the student, University, and the campus community.

Minimum Sanctions for Sale or Distribution of Drugs, and Use or Possession of Drugs

Students involved in the use or possession of a controlled substance will be referred to the Dean for Student Life or designee, or Student Conduct Board. They will face substantial sanctions, which could include suspension or expulsion from the University. Students can be required to enroll and actively participate in a drug or alcohol counseling program or a rehabilitation program as a condition of continued enrollment.

• Students involved in any way in the distribution or sale of any amount of controlled substances will be suspended from the University as a minimum sanction, even for a first offense.
• The University reserves the right to suspend or evict a resident student from its residence halls for use or possession of a controlled substance at any time the student is in residence. These regulations are in addition to, not substitutes for, criminal sanctions provided for in municipal, state, and federal statutes. When required by law, violations of those statutes will be reported to the appropriate law enforcement agencies.

Minimum Sanctions for Violations of the Alcohol and Drug Policy

The hearing officer or Student Conduct Board may increase or add other sanctions depending on the circumstances of the violation.

First Offense: Student will complete an online module about drugs and/or alcohol and be placed on disciplinary probation.

Second Offense: $140.00 fine; completion of an online course directly related to the type of violation (alcohol and/or drugs); and one one-hour follow-up session with Counseling Services are required. The University will notify parents of students who are under 21 years of age about the violation.

Third Offense: $240.00 fine; three one-hour follow-up sessions with Counseling Services, consultation with the Dean for Student Life or designee, to determine whether possible suspension or expulsion from the University, a medical leave of absence, and/or probation is necessary. The University will notify parents of students who are under the age of 21.

Fines must be paid by the initial meeting date with Counseling Services; otherwise a “hold” will be placed on the student’s account, which will affect registration and class attendance for the following semester. No transcripts are issued until all fines have been paid. A “hold” will also be placed on a student’s account for failure to meet any aspect of the sanction, even if the fine is paid. The fines can be paid in the Office of Student Life.

Note that after being found responsible for three alcohol and/or drug offenses in an academic year, residential students’ housing contracts may be revoked.

Minimum Sanctions for Students Found in the Presence of Alcohol

If a student is found in violation of being in the presence of alcohol the following sanctions may be implemented:

First Offense: Student will receive a formal warning and must complete an educational assignment or module.

Second Offense: Student will complete an online module about drugs and/or alcohol and be placed on disciplinary probation.

Third Offense: $140.00 fine; completion of an online course directly related to the type of violation (alcohol and/or drugs); and one- hour follow-up session with Counseling Services are required. The University will notify parents of students under 21 years of age about the violation.

Policy

Controlled substances, including illegal drugs and prescription drugs used in ways that are inconsistent with the prescribing health professional’s orders are banned from the residence halls. This includes possession, possession by consumption, use, or distribution. Students who are allegedly involved in distribution of controlled substances will have their case adjudicated by the Student Conduct Board and are in danger of immediate suspension or expulsion from Caldwell University. These cases also will be referred to the police.

The possession, consumption, or presence of alcohol is prohibited at all times in residence hall rooms if each of the residents assigned to live in the room (i.e., the total head count comprising the living space) is under the age of 21. Possession is defined as alcohol being present in any area or property for which the student is responsible and/or currently occupies. This restriction does not apply if at least one of the room’s residents is of legal age. In order to store alcoholic beverages in their rooms they must adhere to the following:

• The alcohol must be labeled with the resident’s first and last name
• It cannot be in plain sight and visible to others unless being consumed by individuals of age
• It must be kept out of the common area and only stored in student’s personal belongings. Personal areas are defined as one of the following that belongs to the person of legal drinking age: Wardrobe, closet, under bed carrel, personal refrigerator, or desk.

Students of Legal Drinking Age

Caldwell University promotes responsible drinking and, as such, all students of legal drinking age who would like to be allowed to bring alcohol into the residence halls must:

• Maintain no more than an allowed amount of alcohol at any given time (defined below), and
• At the beginning of the semester every residential student will receive educational information via their University email about responsible drinking for those of legal age.

Alcohol is permitted to be consumed only by those of legal drinking age in the residence hall rooms in which one or more residents is 21 or over as long as the residents’ roommates/suitemates agree. Alcohol is not permitted to be in public common areas of the residence halls by any occupant.

Conditions for Allowing Alcohol in the Residence Halls

• At no time shall there be more alcohol present in a room/suite than the equivalent of any combination of two of the following:
  • One 6-pack (12 oz. each) of either beer, wine, seltzers containing alcohol, or malt beverages; OR
  • One 750ml bottle of wine; OR
  • One 375ml bottle of liquor. [Note: students may not have units of types of alcohol in larger amounts than listed. For example, two (2) 750ml bottles of wine are permitted; one (1) 1.5L bottle is not; see #3 in this section. If the alcohol is sold in smaller quantities than allowed, only two (2) units may be present at one time.]
• Kegs, beer balls, or other sources of alcohol designed to serve multiple people are not allowed in Caldwell residence halls.
• The possession or use of “beer bongs” or other devices which dispense alcohol in a rapid manner are prohibited.
• Drinking games are prohibited at all times.
• Alcohol is prohibited in public common areas of all residence halls (lounges, bathrooms, hallways and staircases).
• Commuter students may not bring alcohol into the residence halls. If commuter students who are of legal drinking age want to consume alcohol in the residence halls, they must carry and/or present their Caldwell ID and proof of age.
• No students of legal drinking age may provide alcohol for persons who are underage. Students who are found distributing alcohol to underage individuals may have their case adjudicated by a Student Conduct Board, are in danger of immediate suspension or expulsion from Caldwell University, and may face criminal charges.
• Students will be held accountable for any vandalism or harassment while under the influence of alcohol and/or drugs.
• The University will notify parents of students under 21 years of age if found responsible for violations of the alcohol and other drug policy.

Good Samaritan

A Good Samaritan is any student who assists an individual who is showing any possible signs of alcohol poisoning or a drug overdose. In order to be considered a Good Samaritan, the student must:

• Call for help: One of the persons calls 911 and notifies a campus official that a person is in need of medical assistance, and
• Stay with your friend: The first person making the 911 call (and, if applicable, up to two other persons acting in concert with the caller) remains on the scene with the person in need of medical assistance, and
• Cooperate with authorities: The first person who called 911 (and if applicable, up to two other persons acting in concert with the caller) cooperates with medical assistance, law enforcement personnel, or any campus officials on the scene.
• Meet with the Dean for Student Life or designee following the incident. Comply with any recommendations set forth as a result of that meeting.

A member of the Caldwell University community who follows the procedures stated above will not be subject to disciplinary measures related to the alcohol or drug violation on which he or she gives assistance.

Similarly, a member of the Caldwell University community who reports suspected sexual violence, including sexual assault, according to the Reporting Procedures, will not be subject to other disciplinary measures based on an alcohol or drug violation related to the incident on which he or she gives assistance.

Medical Amnesty

Those who receive medical treatment or undergo successful drug and/or alcohol rehabilitation following an incident involving the use of alcohol or drugs may be granted amnesty if the Good Samaritan policy was followed. If granted medical amnesty, the student will not receive the minimum sanction for a violation of substance. However, he or she must meet with the Dean for Student Life or designee and comply with any recommendations set forth. Failure to comply with the recommendations set forth as a result of that meeting may result in disciplinary actions.

In cases where a student has been transported to the hospital because of the abuse of alcohol or drugs, he or she will be required to present hospital discharge papers to the Executive Director of Health Services on the next business day after returning to campus.

Parental notification will occur for all substance related medical transports regardless of whether the student is over or under 21 years of age.

At no time will any student or entity at Caldwell University engage in any action or situation which recklessly or intentionally produces mental, emotional, or physical discomfort or endangers the safety of an individual for the purpose of initiation or admission into or affiliation with any activity or group. Students, athletic teams, and student organizations will not engage in any action or situation that causes an individual to suffer indignity, embarrassment, humiliation, or ridicule at the hands of others. Caldwell University mirrors New Jersey Statutes in its hazing policy. See below.

Any student, athletic team, or student organization found allegedly violating this policy shall be brought before the Dean for Student Life. A student conduct board or administrative hearing may be convened to determine whether or not a violation of the hazing policy occurred. If found responsible, the individual or group will be subject to conduct action by Caldwell University and/or the State of New Jersey that may result in suspension or expulsion from the University.

All students, athletic teams, and student organizations will comply with New Jersey and University regulations and policies related to alcohol, hazing, and sponsoring events.

Campus Sanctions: Anti-Hazing Policy

The full range of sanctions described in the Student Handbook is applicable for violations of the hazing policy, up to and including suspension or expulsion of individuals, and disbanding or removing recognition of student organizations.

Communicable diseases or a pandemic may affect the operational status of Caldwell University at any time. Students are required to comply with all operational policies to ensure a safe campus community for all. Students who fail to comply with applicable policies and procedures may be subject to disciplinary action through the student conduct process. Although this process is not meant to be punitive in nature, failure to comply with University directives can significantly impact the health and safety of the University community. Any student who has questions about this policy, or how to comply with the policy, should contact the Office of Student Life at [email protected].

If a student contracts a communicable disease that has a reportable diagnosis, the student must contact the Office of Health Services and follow the outlined protocol.

The University is committed to upholding standards that promote respect and human dignity in an environment fostering learning and professionalism. It is the policy of the University to maintain an educational and work environment free from all types of unlawful discrimination and harassment, an open environment which values and protects individual dignity and the integrity of human relationships.

The educational process at the University is based on mutual trust, freedom of inquiry, freedom of expression, and the absence of intimidation and exploitation. Such an atmosphere of respect and regard for individual dignity among members of the academic community is essential if the University is to function as a center of academic freedom and intellectual advancement. In addition, the University has a compelling interest in ensuring the provision of an environment in which learning and work may thrive. Such an environment requires free and unfettered discussion of the widest possible nature, one which encourages expression of all points of view. The University recognizes that the academic setting is distinct from the workplace in that wide latitude is required for professional judgment in determining the appropriate content and presentation of academic material. Assertions regarding any of the characteristics listed above, however, should be directly related to the exchange of ideas, ideologies, or philosophies. Any such assertions in the teaching context that are persistent, pervasive, and not germane to the subject matter may constitute sexual or another form of unlawful harassment and will not be tolerated.

Caldwell University, as a Catholic institution, has a tradition of respecting the dignity and rights of the individual; the University encourages its students and employees to be responsive to community and global concerns and to act with a sense of responsibility to self and others. In realizing this goal, every member of the campus community is responsible for ensuring that incidents of harassment do not occur and, if they occur, do not go unreported. Unlawful harassment is offensive to students, faculty, staff members, and employees of the University. Therefore, the University community will not tolerate unlawful harassment in any form.

The Caldwell University Coordinator for Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Titles VI and VII of the Civil Rights Act of 1964 and other laws and regulations prohibiting harassment and discrimination is:

Elizabeth Elices
Caldwell University
Compliance and Risk Officer
120 Bloomfield Avenue
Caldwell, NJ 07006
973-618-3429 | Fax 973-618-3358
(Title IX Coordinator)

Susan Dacey
Caldwell University
Executive Director, Human Resources
120 Bloomfield Avenue
Caldwell, NJ 07006
973-618-3555 | Fax 973-618-3358
(Deputy Title IX Coordinator)

Questions about this non-discrimination policy and any complaints of harassment or discrimination shall be directed to a Title IX Coordinator. Students with questions or complaints related to disabilities, including the Americans with Disabilities Act, should refer to Volume VI of the Caldwell University Policy Manual for more information. Confidential services for students may be available through the Wellness Center or the Student Advocacy and Prevention Awareness office. Please contact these offices directly for information about their confidentiality policies. Requests for confidentiality in all other reporting contexts, including anonymous reporting, will be considered on a case-by-case basis.

Access the full Institutional Policy Prohibiting Discrimination, Harassment, and Sexual Violence policy online.

The state of New Jersey has developed the Bill of Rights for Universities and Colleges to adopt.

Introduction

A college or university in a free society must be devoted to the pursuit of truth and knowledge through reason and open communication among its members. Academic communities acknowledge the necessity of being intellectually stimulating where the diversity of ideas is valued. Its rules must be conceived for the purpose of furthering and protecting the rights of all members of the University community in achieving these ends.

The boundaries of personal freedom are limited by applicable state and federal laws and institutional rules and regulations governing interpersonal behavior. In creating a community free from violence, sexual assault and non-consensual sexual contact, respect for the individual and human dignity are of paramount importance.

The state of New Jersey recognizes that the impact of violence on its victims and the surrounding community can be severe and long lasting. Thus, it has established this Bill of Rights to articulate requirements for policies, procedures and services designed to insure that the needs of victims are met and that the colleges and universities in New Jersey create and maintain communities that support human dignity.

Bill of Rights

The following Rights shall be accorded to victims of sexual assault that occur:

• on the campus of any public or independent institution of higher education in the state of New Jersey, and
• where the victim or alleged perpetrator is a student at that institution, and/or
• when the victim is a student involved in an off-campus sexual assault.

Human Dignity Rights:

• to be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy;
• to have any allegations of sexual assault treated seriously; the right to be treated with dignity;
• to be free from any suggestion that victims are responsible for the commission of crimes against them;
• to be free from any pressure from campus personnel to:
  • report crimes if the victim does not wish to do so;
  • report crimes as lesser offenses than the victim perceives the crime to be;
• refrain from reporting crimes;
• refrain from reporting crimes to avoid unwanted personal publicity.

Rights to Resources On and Off Campus:

• to be notified of existing campus and community based medical, counseling, mental health and student services for victims of sexual assault whether or not the crime is formally reported to campus or civil authorities;
• to have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking such counseling;
• to be informed of and assisted in exercising:
  • any rights to confidential or anonymous testing for sexually transmitted diseases, human immuno-deficiency virus, and/or pregnancy;
  • any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.

Campus Judicial Rights:

• to be afforded the same access to legal assistance as the accused;
• to be afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused;
• to be notified of the outcome of the sexual assault disciplinary proceeding against the accused.

Campus Intervention Rights:

• to have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported;
• to receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities;
• to receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing, and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault.

Campus Intervention Rights:

• to require campus personnel to take reasonable and necessary action to prevent further unwanted contact of victims by their alleged assailants;
• to be notified of the options for and provided assistance in changing academic and living situations if such changes are reasonably available.

Statutory Mandates:

• Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation;
• Each campus shall make every reasonable effort to ensure that every student at that institution receives a copy of this document;
• Nothing in this act or in any “Campus Assault Victim’s Bill of Rights” developed in accordance with the provisions of this act, shall be construed to preclude or in any way restrict any public or independent institution of higher education in the State from reporting any suspected crime or offense to the appropriate law enforcement authorities.

Required Notification:

Under the laws of the United States Department of Justice and the State of New Jersey, all institutions of Higher Education must now notify their campuses on how to obtain or access State Sex Offender Registry Data. The Act, known as the Campus Sex Crimes Prevention Act (CSCPA) requires that all offenders submit and register the name of the Higher Education Institution where they have enrolled as a student, or where they work as an employee. It also requires that this information be promptly made available to law enforcement agencies in the jurisdictions where the Institutions of Higher Education are located.

If you are a registered sex offender and are enrolled as a student, or work as an employee, at Caldwell University, you are required by Federal and State law to contact the Caldwell University Department of Campus Safety and the Caldwell Police Department. Information about the Offender Registry can be obtained by calling New Jersey State Police Headquarters at 609-882-2000, or by accessing the Web site address at https://www.njsp.org/sex-offender-registry/index.shtml.

Should you have any questions, please contact the Caldwell University Department of Campus Safety at 973-618-3259.

Pursuant to New Jersey law, all persons who have reasonable cause to believe that a minor has been subject to abuse or neglect must report it to the New Jersey Division of Child Protection and Permanency, formerly the Division of Youth and Family Services, at 1-877-NJABUSE. New Jersey law provides immunity from civil and criminal liability in any resulting action to anyone who makes a report in good faith. If the Division of Child Protection and Permanency determines that a child may be at risk, it will begin an investigation within 24 hours. If any individual appears to be in danger of immediate harm, please call 911 and Campus Safety at 973-618-3259.

All members of the campus community who interact with minors or developmentally disabled adults will be alert to signs of abuse and neglect. Physical signs of abuse, including but not limited to unexplainable bruises, lacerations or burns; bruises on the head, back and shoulders in various stages of healing; and repeated fractures, will be investigated. Any suspected incident of abuse or neglect must be immediately reported to a supervisor. Such reports must be documented. Abuse is not limited to physical harm. Signs of financial exploitation of developmentally disabled adults or emotional abuse also need to be reported to a supervisor.

Any suspected abuse, neglect or missing children will be reported to the appropriate legal authorities. Any accusations of sexual abuse or molestation made against any member of the campus community will be investigated under the procedures outlined in the Institutional Policy Against Discrimination and Harassment found in Section 2.1 of Volume II of the Caldwell University Policy Manual and Section III of the C-Book. Upon confirming a report of suspected abuse or neglect, the University will immediately notify the appropriate legal authorities.

Caldwell University is committed to the protection of vulnerable populations, including minors and developmentally disabled adults. Retaliation against any individual who reports a reasonable belief that abuse or neglect of a minor or a developmentally disabled adult has occurred is strictly prohibited. Reports of suspected abuse or neglect will be kept confidential from other staff members to the extent feasible and permitted by law.

Any campus program that is known to include minors is expected to take reasonable and appropriate measures to ensure the safety of minors. Such programs should have their own notification procedures to contact parents or guardians in case of emergency. All such programs must obtain an authorization for emergency medical treatment signed by a parent or guardian of each minor. When feasible, there should be two or more adults present during activities when known minors are present. However, if the activity includes private instruction as part of the standard educational setting, such as a music lesson or counseling session, it is acceptable for only one adult to be present.

Please see the Sex Offender Registration Policy in Section 2.4.2 of Volume II for more information regarding students or employees who are required to register as sex offenders under New Jersey law.

The University understands that situations may occur that require a student to interrupt academic studies. In the event that a student requires an emergency absence or an extended leave from the University, it is important to follow the appropriate process outlined below upon leaving and upon returning, if applicable. Note the student will be responsible for complying with certain conditions that may be identified by the University in order to remain in classes, on campus, or in the residence halls, if applicable. To determine whether you are eligible to a refund, please refer to the University’s Tuition Refund Policy found in the University Catalog.

Emergency Absence/Incident Interruption

In cases where a student is involved in an incident or must be absent from class(es) for a personal emergency in excess of three days, when the University is in session, the Office of Student Life should be notified. The student’s instructor(s) and advisor will then receive electronic notification stating that we have been alerted that an emergency is requiring an absence.

Leave of Absence (LOA) Procedure

Students who need to interrupt their semester for any reason with no intention of completing the semester should contact Advisement Services or the Office of Graduate Studies, as applicable. Students should be aware that their financial aid package and their status in particular programs are not guaranteed. Students should therefore consult with the appropriate offices regarding their intentions to take a leave of absence.

Policy for Undergraduate Students

Undergraduate students will be required to submit an online form, found on the portal, to take a leave of absence for a maximum of two semesters. Caldwell University may grant a student a leave of absence of up to 180 days in any 12-month period during which the student is not considered withdrawn and no refund calculation is required. (NOTE: International students on a leave of absence may not be able to stay in the United States.) Extensions may be granted with a written request to Advisement Services; otherwise they will be administratively withdrawn from the University. Students should be aware that their financial aid package and their status in particular programs are not guaranteed. Students should therefore consult with the appropriate offices regarding their intentions to take a leave of absence. Undergraduate students who need to take a LOA prior to the first day of the semester, as outlined in the academic calendar, should contact Advisement Services. Leave of absence requests for the current semester must be received before the last day to withdraw.

For Graduate Students

Interruptions of Registration

Students enrolled in a graduate program at Caldwell University are expected to maintain continuous enrollment until requirements are completed. Students who need to interrupt their studies prior to the beginning of semester must notify the University through the University portal (https://my.caldwell.edu/ics/) in order to remain in good standing in the program. If the students are registered for classes, they should make sure the classes are dropped to avoid tuition charges. Students who interrupt their studies for more than four consecutive semesters will be dropped from the program. Students wishing to re-enter the program following the extended absence (more than four semesters) must submit a request for readmission to the Office of Graduate Admissions and meet with the program coordinator for advisement prior to registration. Students will be responsible for the degree requirements at the time of readmission.

Students who need to take a LOA prior to the first day of the semester, as outlined in the academic calendar, should contact the Office of Graduate Studies. Students enrolled in courses in a graduate program at Caldwell University are expected to complete the courses in the allotted semester time. Students who need to interrupt their studies during the semester must discuss the situation and the potential Leave of Absence with their program coordinator. If the Leave of Absence is the only resource for the student, the Leave of Absence must be requested through the University portal (https://my.caldwell.edu/ics/). Students who take the Leave of Absence after the approved add/drop period are still responsible for all financial obligations. Please see the “Course changes” policies of the Graduate Catalog regarding adding, dropping, and withdrawing from classes. Please see the Institution Refund Policy for the refund information. Students who take a Leave of Absence after the add/drop period must repeat the entire course(s) they interrupted by taking a Leave of Absence. Students who interrupt their studies for more than four consecutive semesters will be dropped from the program. Students wishing to re-enter the program following the extended absence (more than four semesters) must submit a request for readmission to the Office of Graduate Admissions and meet with the program coordinator for advisement prior to registration. Students will be responsible for the degree requirements at the time of readmission.

Medical Leave of Absence

For Undergraduate and Graduate Students

Medical leave of absence is an option available to students who must interrupt study temporarily because of physical or psychological illness. A Medical Leave of Absence may be granted contingent upon the submission of documentation from a health care professional. The student must provide documentation from their health care professional confirming that the student is unable to engage in collegiate study and campus life. Students who are on an approved medical leave of absence are not permitted to participate in any University activities, attend classes, reside in or visit on-campus student housing, or be on campus without the express prior written consent of the Vice President for Student Life or designee.

Medical leaves initiated by a student may be for one semester and up to two years. Although medical leave may be initiated by a student, in certain cases, the University may require a medical leave. In cases where a student possesses a significant risk of harm to self or the community, the Student Life Office, in consultation with appropriate parties, may require the student to take a medical leave.

Students are urged to use their time on leave to obtain treatment as recommended for the physical/mental health issues or life events that precipitated their leave and to develop their independence and stability.

Students who wish to apply for return to campus after a medical leave of absence must submit a return/readmit form. In addition, students must provide documentation to Caldwell University Wellness Center, Health Services Office pertaining to their treatment and ability to resume academic/social obligations and responsibilities. Other additional requirements may be requested. Students should allow the University time to evaluate the request to return and allow for additional evaluations as determined by the University.

Withdrawal Procedure

For Undergraduate Students

• Students wishing to withdraw from the University with no intention of returning to the University must
  • Complete and submit an Intent to Withdraw form and following survey;
  • Contact Advisement Services to schedule and participate in an exit interview.
• Students withdrawing with the intention to return to the University should follow the procedure for taking a Leave of Absence (above).
• Students withdrawing in the middle of the semester with a completed intent form will be officially withdrawn from courses. Failure to follow this procedure may result in a grade of F in every course in which the student is registered.
• Students withdrawing prior to the first day of the semester will be administratively dropped from their classes after they have contacted Advisement Services and completed the Intent to Withdraw form.
• For non-medical withdrawals, students must comply with the course withdrawal deadline as indicated in the academic calendar. Any withdrawal request received after the withdrawal deadline will be processed for the following semester.

For Graduate Students

• Graduate students wishing to withdraw from the University must complete an Intent to Withdraw form. Procedure to Resume Classes Following an Emergency Absence/Incident

For Undergraduate and Graduate Students

• Prior to returning to classes, campus life, or the residence halls following an emergency absence or incident, a student may be required to provide information and documentation demonstrating that he or she is qualified to return to the University as a student and, if applicable, qualified to return to live in the residence halls.
• Following the University’s receipt of the information and documentation noted above, and also prior to reinstatement, the student may be required to meet with the Vice President for Student Life (or designees), depending on the nature and severity of the incident or the personal emergency. The purpose of this meeting is so that the University can conduct an individualized assessment and make a determination regarding whether the student is qualified to return to classes, campus life, and/or the residence halls, if applicable. The University reserves the right to request additional information and/or appropriate documentation prior to making a determination about whether the student may return. The student may also be required to meet with additional appropriate office(s).
• Once it has been determined that the student can return to classes, campus life, and the residence halls, if applicable, the student may be required to continue meeting with certain office(s) as the University deems necessary and appropriate under the circumstances. The student will be responsible for complying with certain conditions that may be identified by the University in order to remain in classes, on campus, or in the residence halls, if applicable. It is also the student’s responsibility to contact each instructor directly to discuss options for making up work based on what the instructor deems appropriate.

Reinstatement/Readmission Procedure Following an Approved Leave/Medical Leave of Absence or Withdrawal

For Undergraduate Students

• Prior to returning to classes, campus life, or the residence halls following an approved leave of absence or withdrawal, a student must complete a Return/Readmit form found on the Admissions website, or https://my.caldwell.edu/ICS/Advising/ReturnReadmit_ Form.jnz, prior to the first day of classes, as outlined in the academic calendar, as well as provide supporting documentation, if appropriate.
• Students are advised to begin the reinstatement process with Advisement Services a minimum of two weeks prior to the start of the semester to allow time for supporting documentation to be reviewed by the appropriate office(s). Following the University’s receipt of the notification of return and supporting documentation (where necessary), the student may be required to meet with the appropriate office(s) to determine eligibility for return to classes, campus life, and the residence halls, if applicable. The University reserves the right to request additional information and/or appropriate documentation prior to making a determination about whether the student may return.
• Upon reinstatement to the University, the student’s registration hold will be removed and the student will then be able to register for classes based on the academic deadlines, as outlined in the academic calendar. The student may be required to continue meeting with appropriate office(s) as the University deems necessary and appropriate under the circumstances. The student will be responsible for complying with certain conditions that may be identified by the University in order to remain in classes, on campus, or in the residence halls, if applicable.

For Graduate Students

• Students wishing to reenter the program following an approved medical leave of absence of two years or more must notify the Director of Graduate Studies. Students will be responsible for degree requirements in force at the time of reinstatement.
• Graduate students who withdrew from the University and who may wish to return to their program of study are required to report to the Director of Graduate Studies for an interview and to follow established procedures for remaining in good academic standing.
• Students wishing to reapply for admission to graduate studies following withdrawal must submit an application for admission along with the application fee and supporting admission credentials and requirements, as requested. Applicants readmitted must meet the program requirements in force at the time of readmission. All credits, whether transfer or Caldwell University graduate credits, applied to the student’s transcript during the initial sequence of study, will be valid for a period not to exceed five years.

Notification of Rights Under FERPA

The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is enrolled at a postsecondary institution regardless of age.) These rights include:

• The right to inspect and review the student’s education records within 45 days after the day Caldwell University receives a request for access. A student should submit to the Registrar a written request that identifies the record(s) the student wishes to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar, the Registrar shall coordinate access to inspect those records. 2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask Caldwell University to amend a record should write the Registrar, clearly identify the part of the record the student wants changed, and specify why it should be changed.
• The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
  • A student who wishes to ask Caldwell University to amend a record should write the Registrar, clearly identify the part of the record the student wants changed, and specify why it should be changed.
  • If Caldwell University decides not to amend the record as requested, Caldwell University will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
• The right to provide written consent before Caldwell University discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. See “Additional Disclosure Information” below.
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Caldwell University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
  Family Policy Compliance Office
  U.S. Department of Education
  400 Maryland Avenue, SW
  Washington, DC 20202

Caldwell University may disclose directory information without the written consent of the student. Directory information includes the following: name, address, telephone number, e-mail address, dates of attendance, enrollment status, class, previous institutions attended, major and minor field of study, awards, honors (including Dean’s list), degrees conferred including date, past and present participation in officially recognized activities, student’s photograph, height and weight (for athletes only), and date and place of birth.

Students may request to withhold disclosure of directory information. To ensure that a request is properly processed, it must be submitted on the official ‘Request to Prevent Disclosure of Directory Information Form’, which is available on the CU Portal under Student Resource forms. The request will remain in effect until the student submits signed authorization to allow disclosure of directory information. Caldwell University assumes that failure on the part of any student to specifically request on the official form the withholding of release of directory information indicates individual approval of disclosure.

Additional FERPA Disclosure Information

FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student –

• To other school officials within Caldwell University whom Caldwell University has determined to have legitimate educational interests. A school official is a person employed by Caldwell University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Caldwell University. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
• To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the University’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
• In connection with financial aid for which the student has applied or for which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
• To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
• To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
• Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
• To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
• To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which education records and personally identifiable information (PII) contained in such records—including Social Security Number, grades, or other private information—may be accessed without consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to records and PII without consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to education records and PII without consent to researchers performing certain types of studies, in certain cases even when Caldwell University objects to or does not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without consent PII from education records, and they may track participation in education and other programs by linking such PII to other personal information that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.

Immunization. Health Services is responsible for the University’s compliance with the state laws concerning immunizations. All required health documentation must be received and approved by the Health Services staff. Health Services reserves the right to request additional documentation before final approval. All health forms must be uploaded to the Health Services portal in CougarApps or https://caldwell.medicatconnect.com. Failure to comply will affect a student’s enrollment status. Please visit https://www.caldwell.edu/current-students/health for additional information on requirements.

Absenteeism and Notification of Illness. Health Services does not routinely provide class absence excuses. Excuses from class are an academic policy and conveying information to a professor is the responsibility of the student. Students who have documentation regarding absences for medical reasons should upload documents to the health services portal. Faculty make the final determination regarding excused absences. All students seeking physical or mental health services must present their Caldwell University-issued photo ID before receiving services and at each appointment.

All health records and visits to Health Services are confidential and are not part of academic records.

If a student needs private space to either breastfeed or pump, the student should contact Health Services to make arrangements.

For more information regarding the services available, please call 973-618-3319 or visit https://www.caldwell.edu/current-students/health.

E-Mobility devices/vehicles (hover boards, skateboards, scooters, motor assisted pedal bicycles, and remote controlled vehicles) are not permitted in University buildings, unless part of an approved University operation, as a requirement for an individual’s mobility assistance, or as part of a faculty-directed academic or research activity. Operation, storage and recharging of recreational type vehicles with lithium-ion/LiPo batteries (hover boards, skateboards, and scooters), remote controlled vehicles or devices, are not permitted inside University buildings.

The Lithium-ion battery packs found in laptops and similar devices contain a Battery Management System (BMS) that controls the charging process. Use only the supplied charging cable and AC adapter from the manufacturer. Do not use it if there are any signs of damage to the charger or power cord. Follow all manufacturer recommendations for use of the charger. The chargers should be plugged directly into wall receptacles without the use of extension cords. Consider charging these devices when they can be observed or constantly attended. Monitor for any unusual conditions.

I. Purpose and Scope

Caldwell University is committed to maintaining a learning environment where all persons feel safe to carry out the University’s mission and goals. The University is an institution that values the safety of each individual in its community, and cares deeply about the mental and physical health of its students. Nevertheless, a student who poses a credible substantial risk of harm to any individual in the University community may necessitate the University to take action. This policy describes the general types of behaviors and emergencies that the University may need to address as well as the procedures that may be used for medical or safety intervention and involuntary suspensions and/or withdrawal of students.

II. Behaviors and Emergencies

The University may take action when it becomes aware of certain behaviors that demonstrate that a student poses a credible substantial risk of harm to the University Community or any member thereof. Some of those actions may include, but are not limited to, the following:

• Acute decline in physical health;
• Habitual delinquency in class or habitual idleness;
• Destructive, threatening, violent, or other disruptive behavior;
• Drug and alcohol abuse, including overdose or misuse of over-the-counter or prescription medications;
• Eating disorders which are not responding to treatment and/ or posing safety concerns;
• Any physical or mental health problem that pose a credible substantial risk of harm to individuals within the University or to the University community as a whole or requires intensive monitoring to prevent such danger;
• Any physical or mental health problems that substantially impedes the lawful activities, the educational process, or the proper activities or functions of other members of the University community.

Any member of the University community who has reason to believe that a student poses a threat of harm or a threat to public safety should contact the Campus Safety office or the local police department. They may also contact the Vice President for Student Life or designee. All reports made pursuant to this policy will be handled in a confidential manner to the extent permitted by federal and state laws and regulations, and/or otherwise necessary to address the situation.

III. University Actions

Upon being informed that a student is exhibiting behaviors that may require the University’s attention pursuant to this policy, the Dean for Student Life or designee, in consultation with other appropriate staff members, will determine what role, if any, is necessary to be taken by the University to ensure the health and safety of all members of the University community. During this decision-making process, the University will determine if the student is a qualified individual with a disability and whether a reasonable accommodation will allow that student to meet essential academic and University community responsibilities, while abating the risk of harm and maintaining a safe University environment for all students. The University will also evaluate whether an accommodation can be provided without fundamentally altering the essential functions of the educational program provided by the University, lowering academic standards, and/or creating undue hardship to the University or other community members.

The Dean for Student Life or designee will conduct a detailed review of the information presented. As part of this review, the Dean for Student Life or designee may, among other things, seek the assistance or input of other appropriate staff members, review additional sources that may reveal any past or current mental or physical health conditions of the student, and consult with professionals about the information presented. In accordance with this detailed review, the Dean for Student Life or designee will make an individualized assessment to determine whether University action is required. The Dean for Student Life or designee will assess the nature, duration, and severity of the risk and the probability that potential injury and/or harm will occur.

Upon conducting this individualized assessment and making a determination that the student’s behaviors require further attention, the Dean for Student Life or designee may take appropriate actions, which may include, but are not limited to, the following:

• Contacting Campus Safety, Residence Life, and/or other appropriate units within the University community;
• Offering or requiring the student undergo mental or physical health evaluations with the Caldwell University Wellness Center and/or an independent, off-campus mental or physical health care professional approved by the University.
• Requiring the student to commit to a treatment plan recommended by the Caldwell University Wellness Center and/or an independent, off-campus mental or physical health care professional as a condition for continued enrollment at the University;
• Requiring the student to sign appropriate release forms allowing designated staff at the University to consult with the evaluating clinician(s) or provider(s) serving the student;
• Notifying the student’s emergency contact as permitted by law and appropriate University officials about a mental or physical health or safety emergency;
• Removing the student from University premises
• Invoking a medical or safety interim suspension (below);
• Invoking an involuntary medical or safety withdrawal (below).

The Dean for Student Life or designee will meet with the student and issue a letter to the student outlining the University’s actions and the reasons for those actions.

Whether or not the student is a qualified individual with a disability, the University will generally attempt to engage in an interactive dialogue with the student to discuss the manner in which the student plans to abate the risk of harm presented by the student. The University may also choose to engage professionals or other appropriate staff members in formulating a proposed plan of action. The University’s actions should appropriately address the risk of harm that formed the basis for the decision to intervene with or involuntarily withdraw the student.

A. Medical or Safety Interim Leave

If the health or safety of a student or the University community is an immediate concern, the Dean for Student Life or designee may invoke a medical or safety interim suspension. Such a suspension may result if the Dean for Student Life or designee determines, based on professional judgment, that a credible substantial threat of immediate harm to a student or the University community is perceived to exist. The suspension is designed to allow the student time to receive needed medical and/or psychological care and for the University to evaluate the student’s readiness to return to the University. Students who are subject to a medical interim suspension are temporarily not permitted to participate in any University activities, attend classes, reside in or visit on-campus student housing, or be on campus without the express prior written consent of the Dean for Student Life or designee.

The Dean for Student Life or designee has the authority to determine the length of the medical or safety interim suspension and may establish criteria that the student must complete in order to lift the suspension. Such criteria may include, but are not limited to:

• Requiring the student to sign appropriate release forms allowing designated staff at the University to consult with the evaluating clinician(s) or provider(s) serving the student;
• Requiring the student to undergo mental or physical health evaluations with the Caldwell University Wellness Center and/or an independent, off-campus mental or physical health care professional approved by the University.
• Demonstrating through the above-referenced mental or physical health care professional(s) (a) the student’s readiness to return to the academic and co-curricular demands of University life; (b) the student’s readiness to live in the on-campus residential community; (c) the student’s ongoing treatment or testing needs; (d) the conditions or restrictions the University should impose; and (e) the student’s readiness to return to competitive sports, if the student is a collegiate athlete;
• Requiring the student meet with the Dean for Student Life or designee to discuss the evaluation and the student’s own perception regarding his or her readiness to return to campus;
• Requiring the student to undergo a treatment plan recommended by the Caldwell University Wellness Center and/or an independent, off-campus mental or physical health care professional.

Upon determining that a medical or safety interim suspension is appropriate, the Dean for Student Life or designee may notify the student’s emergency contact as permitted by law, will meet with the student, and will issue a letter to the student outlining the anticipated length of the suspension and the criteria the student needs to complete in order to lift the suspension. At the conclusion of the meeting, the student will be expected to immediately leave the University campus in the care of an appropriate individual. The University may make appropriate arrangements to provide the student with any personal belongings remaining on campus.

After a student completes the mandated criteria, the student must provide written confirmation of the same to the Dean for Student Life or designee. After reviewing the information provided, the Dean for Student Life or designee has the authority to determine, based on professional opinion, the student’s readiness to return to campus. The Dean for Student Life or designee will then decide whether to lift or continue the suspension and will issue a letter to the student indicating University’s decision and the reasons for that decision.

B. Involuntary Medical or Safety Withdrawal

In those circumstances where an interim suspension from the University may not be sufficient, the Dean for Student Life or designee may determine that a student must be involuntarily withdrawn from the University due to health and/or safety reasons, which may include but are not limited to:

• Professional evaluation(s) of the student following a medical or safety interim suspension that do not support the student’s readiness to return to campus;
• The student’s failure to complete a required assessment during a medical or safety interim suspension;
• The student’s behaviors that create a credible substantial risk of harm to any member of the University community.

In determining whether the student meets any of these criteria, the Dean for Student Life or designee will conduct a detailed review of the information presented including, among other things, various sources that may reveal the student’s past or current mental or physical health conditions, input received from appropriate staff members, and information provided from various professionals. The University may require the student to undergo mental or physical health evaluations and require the student to sign appropriate release forms allowing designated staff at the University to consult with the evaluating clinician(s) or provider(s) serving the student.

The Dean for Student Life or designee will assess, based on the information provided, whether the nature, duration, and severity of the risk and the probability that potential injury and/or harm will occur require the student’s involuntary withdrawal from the University. Upon determining that a student will be involuntarily withdrawn from the University for medical or safety reasons, the Dean for Student Life or designee may notify the student’s emergency contacts as permitted by law, will meet with the student, and will issue a letter to the student outlining the University’s actions and the reasons for those actions. At the conclusion of the meeting, the student will be expected to immediately leave the University campus in the care of an appropriate individual. The University may make appropriate arrangements to provide the student with any personal belongings remaining on campus. Students who are withdrawn or on leave prior to the end of the designated academic withdrawal period, will be given Ws in all of their current courses. After this time period, students may be awarded Fs in their courses.

Students who are subject to an involuntary medical or safety withdrawal or leave are not permitted to participate in any University activities, attend classes, reside in or visit on-campus student housing, or be on campus without the express prior written consent of the Dean for Student Life or designee. The athletics department will address questions regarding athletic eligibility if applicable.

IV. Student Appeal

IV. Student Appeal

Within five business days of being informed that the University is taking action under this policy, the aggrieved student may submit a written appeal to the Dean for Student Life or designee. The appeal should set forth the facts and reasons that form the student’s opinion that the University’s decision was unreasonable or unfair. Upon receipt of a timely-submitted appeal, the Dean for Student Life or designee will respond to the student’s concerns and may take further actions, including but not limited to requiring the student to undergo a medical evaluation with an independent mental or physical health care provider of the University’s choosing and at the University’s expense. After conducting a detailed review of the student’s appeal, the Dean for Student Life or designee will make a determination, in his or her professional judgment, whether the University’s actions should be upheld or reversed.

V. Return to Campus

A student who has been removed from campus, suspended, or withdrawn from the University pursuant to this policy may have the opportunity to return to campus or be readmitted to the University under certain circumstances. If the student wishes to be considered for return to campus or readmission, the student must contact the Dean for Student Life or designee and provide appropriate written information and documentation to support their request.

The following steps are designed to ensure that a health emergency no longer exists and a treatment plan for continuing good health and safety is in place, when needed. The Dean for Student Life or designee will review the student’s request to return or for readmission and may impose the following requirements upon the student:

• Require the student to be assessed by an appropriate outside professional. The professional will have a specialty or credentials appropriate for the condition of concern, will be a licensed psychologist or psychiatrist if evaluating a mental health concern, and will be a licensed physician if evaluating other medical concerns. The provider will be given information related to the precipitating events that led to the leave in order to be able to make an accurate assessment. The student will be required to sign a release allowing designated staff at the University and the provider to share information regarding relevant medical records, and assessments. The student may be responsible for any cost incurred by the assessment;
• Require the student to provide a written recommendation from the outside mental health or medical professional regarding (a) the student’s readiness to return to the academic and co-curricular demands of University life; (b) the student’s readiness to live in the on-campus residential community; (c) the student’s ongoing treatment or testing needs; (d) the conditions or restrictions the University should impose; and (e) the student’s readiness to return to competitive sports, if the student is a collegiate athlete;
• Require the student to meet with the Dean for Student Life or designee to discuss the evaluation, recommendation, and the student’s own perception regarding readiness to return, needs, and plans for treatment;
• Require the student to comply with a treatment plan recommended by the outside mental health or medical professional as a condition of returning to the campus community.

Upon the student presenting evidence that these or any other requirements imposed by the University have been met, the Dean for Student Life or designee will engage in the following actions, as appropriate:

• Review and investigate the student’s compliance with the conditions of return or readmission, if any;
• Review the outside evaluator’s assessment and recommendation(s);
• Consult with the student’s mental or physical health care provider(s);
• Consult with the appropriate academic unit to determine whether the student is eligible for return or readmission based upon the student’s academic record and the readmission policies and practices of the academic unit;
• Consult with other appropriate staff members;
• Consider any additional information or documentation presented by the student or otherwise gathered; and
• Meet with the student.

After conducting this detailed review, the Dean for Student Life or designee will make a determination, based on professional judgment, whether the student should be allowed to return to campus or be readmitted to the University. The Dean for Student Life or designee will issue a letter to the student indicating the University’s decision and the reasons for that decision.

The Dean for Student Life or designee reserves the right to require the student to comply with a treatment plan recommended by an outside professional or the Caldwell University Wellness Center as a condition of returning to the campus community. Adherence to the plan, which may be memorialized in writing, executed and agreed to by the student and/or his or her legal guardian, may be a condition of continuing to be permitted to remain within the campus community.

1. All student organization and student-driven event flyers and posters must be approved and stamped by Office of Student Engagement (OSE) professional staff.
2. All publicity must follow branding guidelines.
3. Publicity may not promote the use of alcohol or advertise drink specials.
4. Advertising off-campus is not permitted unless it is approved by OSE professional staff.
5. Posters/flyers may be displayed on approved surfaces and posting locations. They may not be posted on doors, painted surfaces, bricks, glass windows or other surfaces.
6. All flyers for clubs must be brought to the Office of Student Engagement to be stamped with approval. The Office of Student Engagement will post and remove the club flyers.
7. To have copies made of flyers, students must complete the appropriate event forms with the OSE professional staff prior to requesting copies.

Caldwell University promotes a mutually respectful learning environment where students and faculty engage freely in open discussion on topics of intellectual, academic, and personal interest. The University strives to provide an environment where students and faculty alike are free to express their opinions, to protect their intellectual property rights and explore controversial topics without derision or offense.

Students are prohibited from using video or audio recording devices to record lectures, class discussions, conversations, or interactions between and among faculty or between faculty and students, unless prior written approval to record is obtained from the faculty member or, if appropriate, from the Office of Accessibility Services. Students with documented disabilities who are permitted to record lectures as a reasonable academic accommodation must sign the “Agreement for Recording of Lectures” form provided by the Office of Accessibility Services. Students without documented disabilities who desire to use recording devices must obtain prior written permission from the instructor and sign the general “Agreement for Recording of Lectures” form.

Students permitted to record lectures or class discussions acknowledge that the recording is for individual use and solely to assist in studying for the course. The recordings may not be shared, released, publicly or electronically posted or distributed. Students who violate this policy will be exposed to academic integrity sanctions and/or other legal recourse available to the faculty and University.

Caldwell University (“Caldwell”) accommodates students who require the assistance of an animal due to disability, in accordance with federal, state, and local law. The following guidelines address the use of Service Animals and Emotional Support Animals on campus and within Caldwell facilities. Caldwell reserves the right to amend these Guidelines as it deems appropriate from time to time.

Definitions

Partner: A student with a disability who has a Service Animal or Emotional Support Animal.

Service Animal: A “Service Animal” is individually trained to do work or perform specific tasks for the benefit of an individual with a disability. The work or task a Service Animal has been trained to provide must be directly related to the person’s disability. Animals whose sole function is to provide comfort or emotional support do not qualify as Service Animals, but may qualify as Emotional Support Animals.

Emotional Support Animal: “Emotional Support Animals” are animals that provide emotional support which alleviates a symptom or effect of a person’s disability. Some Emotional Support Animals have specialized training, however, this is not necessarily a requirement. Animals sometimes referred to as “therapy animals” or “companion animals” may qualify as Emotional Support Animals.

Permitted Areas for Service Animals and Emotional Support Animals

Service Animals are generally permitted throughout campus and in Caldwell facilities, except in certain areas where animals are prohibited for health or safety reasons. A Service Animal can be brought into dining facilities but may be prohibited from food preparation areas or other areas in which animals are prohibited of a Service Animal would compromise the environment of a laboratory or Health Center, the Service Animal may also be prohibited from those areas. Additionally, if an area may pose a physical danger to the Service Animal, the Service Animal may be prohibited from entering that area.

Emotional Support Animals are generally permitted in Caldwell housing only. Emotional Support Animals are not permitted in other indoor areas of the University aside from housing unless a special exception has been made.

Requests for Service or Emotional Support Animals

Requests for Service and Emotional Support Animals should be brought to the Director of the Office of Accessibility Services. Requests will be reviewed by the Special Accommodations Team. In evaluating requests for Service Animals or Emotional Support Animals, Caldwell reserves the right to request that the Partner provide supporting documentation from an appropriate licensed medical professional, to the extent permissible by law. Requests for Emotional Support Animals will be considered only if the animal weighs 30 lbs. or less, and in the case of dogs and cats, the animal has been spayed or neutered. If the request is granted, the appropriate campus personnel will be informed of the animal’s approved status.

If a student wishes to appeal a decision made regarding a Service or Emotional Support Animal in a classroom, he or she may submit a written appeal to the Vice President, Academic Affairs within ten (10) business days of the decision. If a student wishes to appeal a decision made regarding a Service or Emotional Support Animal elsewhere on campus, he or she may submit a written appeal to the Vice President for Student Life within ten (10) business days of the decision. The appeal must state specifically the reasons that the student is filing the appeal.

Responsibilities of the Partner

In order to receive and maintain an accommodation under these guidelines, the Partner of a Service or Emotional Support Animal must:

• Ensure the animal is compliant with all state and local requirements associated with licensing, vaccinations, and other health regulations. Maintain documentation of compliance and be prepared to provide such documentation upon request. If required by law, the animal must wear appropriate tags.
• Ensure the animal is in good health. Be prepared to provide documentation from a licensed veterinarian confirming the health of the animal.
• Crate the animal in the event the Partner or a designated Handler is absent from the room where the animal resides.
• Maintain control of the animal at all times. This includes use of a harness, leash, or other tether unless the Partner is unable to do so due to disability or if such use would interfere with the animal’s safe and effective performance of work or tasks. If this is the case, the Partner must be able to control the animal through other means.
• Provide appropriate care, food, and supervision for the animal.
• Dispose of animal waste properly.
• Maintain noise, odor, and pest control. Caldwell reserves the right to ask the Partner to remove an animal due to disruptive behavior, disorderly interactions with other animals, or danger to members of the campus community.
• Take financial responsibility for the actions of the animal. This includes bodily injury or property damage caused by the animal.

Caldwell may require a Partner to remove a Service or Emotional Support Animal from the premises if any of the above requirements are not met, to the extent permissible by law. If an animal has been removed and the Partner wishes to seek approval for the return of the animal to the premises, Caldwell may require the Partner to submit updated documentation, to the extent permissible by law.

Conflicts

It is possible that the presence of a service or Emotional Support Animal could cause problems for another Caldwell student or employee with allergies, asthma, respiratory illness, or other medical condition or disability. If this happens, please contact the Office of Accessibility Services. Caldwell will consider the needs of both parties involved with the goal of reaching an acceptable solution as quickly as possible.

Campus Housing

If the Partner is a residential student, they must complete a Registration and Agreement Form. This form must be submitted by July 15 for the Fall Semester or December 15 for the Spring Semester. Exceptions to this deadline may be made at the discretion of the Special Accommodations Team.

In accordance with N.J.S.A. 26:3D-55 and in order to promote wellness of body, mind and spirit, the University established the following policy:

1. Smoking, including the use of e-cigarettes, vaping, and the use of chewing tobacco, is prohibited in all campus buildings.
2. All members of the campus community must cooperate by observing these smoking rules and making use of the four designated smoking areas on campus. All of these are 25 feet or more from the entrances of any building. The designated smoking areas are southeast of Mother Joseph’s Residence Hall, northwest of the library, north of Visceglia Arts Center, and southwest of Dominican Hall.

This policy applies to all students, faculty, staff, contracted service personnel, vendors and visitors. Those found to be violation of this policy may be subject to disciplinary action.

Guidelines, policies, and procedures assist student organizations in planning and implementing activities and special events on campus. The OSE Manual is available for viewing on the Student Engagement page of the MyCaldwell portal.

Access to computing resources and networks that are owned or operated by the University imposes certain responsibilities and obligations, and is granted subject to University policies and applicable laws. Appropriate use is always ethical, reflects academic honesty, and shows restraint in the consumption of shared resources. It demonstrates respect for intellectual property, ownership of data, system security mechanisms, and individuals’ rights to privacy and to freedom from intimidation, harassment. Users are responsible for taking appropriate precautions to reduce their risk of downloading malware. The University is not responsible for any virus/malware infection that is the result of using University networks.

Users who access the University network using a privately-owned computer system or mobile device are responsible for adhering to the University Technology Usage Policies. This applies whether the user connects to the network directly, via a virtual private network, and/or through cloud services.

Any individual who violates the Technology Usage Policies will be subject to disciplinary action. Disciplinary procedures applicable to students are found in Volume VI. Disciplinary procedures applicable to faculty are found in Volume IV. Disciplinary procedures applicable to administrators and staff are found in Volume V.

Appropriate Uses of Computing Resources

Users of the University network or computing resources must comply with all University policies including but not limited to any ethical standards or Code of Conduct that applies to that user. Unauthorized use of University resources, unauthorized access to files and data, violation of the Copyright Act, and violation of the laws of the applicable jurisdiction are strictly forbidden. Users should avoid monopolizing University resources. Users should avoid transmitting or receiving unnecessarily large amounts of data. Users may not run servers or daemons or build their own private network on shared systems without prior permission.

The primary use of email accounts provided by the University should be related to University business and academic pursuits. Secondary uses may include personal and recreational uses that will be curtailed if they interfere with the primary function. Caldwell uses email as a means of official communication within the University community. Email communications with students or between Caldwell employees should be conducted through official Caldwell email addresses.

Device and Network Access

Privately owned devices connecting to University networks must have up-to-date antivirus protection and meet baseline security requirements and only be connected to the Guest Network. The University may require Mobile Device Management (MDM) compliance for certain access levels. Use of unauthorized networking hardware or software is prohibited.

Cloud Services and Third-Party Applications

Only approved cloud services and applications may be used to store or process University data. Users must seek approval before integrating third-party tools with University systems, including email.

Prohibited Uses of Computing Resources

In addition to adherence with the above and with all applicable University policies, users of the University network or University computing resources are explicitly forbidden from the following activities. This policy does not restrict the right to engage in actions protected by the National Labor Relations Act, including the right to discuss wages and terms and conditions of employment with co-workers and others and to take actions to protect these rights.

• Use of another person’s login name and/or password.
• Obtaining access to the files or communications of others without proper authorization and with no substantial University business purpose.
• Attempting to intercept any electronic communication without proper authorization.
• Use of computer programs to decode passwords or access control information.
• Attempt to circumvent or subvert system security measures.
• 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.
• 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.
• 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.
• Use of University networks or email 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.
• 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. Specifically, it is prohibited to use University systems for non-university-related commercial activities (e.g., side businesses, cryptocurrency mining), store or distribute personal media libraries on University devices or networks, engage in personal activities that interfere with University operations or employee duties, or install unapproved or non-university-related software. Incidental personal use is permitted if it is brief and infrequent, does not cause harm or add costs, and does not compromise performance or violate University policies.
• Storing confidential or proprietary information on a personal storage device or cloud-based service without prior authorization.

Cybersecurity Concerns

Suspected network security risks should be reported to the Network Manager. This includes, but is not limited to, phishing scams, malware, data breach, ransomware, and account compromise. Lost or stolen hardware should be reported to the Manager, Technology Support Services and to Campus Security.

Copyright Policy

The University expects all users to comply with the applicable laws governing copyrighted digital material. It is the intent of Caldwell University to inform students about copyright law and campus policies related to violating copyright law as well as civil and criminal penalties for unauthorized distribution of copyrighted materials. Violators of the Copyright Policy are subject to disciplinary action. Sanctions may include suspension of access to University networks. The University will periodically review this policy to ensure effectiveness.

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the filesharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.

EDUCAUSE provides a comprehensive list of legal downloading resources on its website at http://www.educause.edu/legalcontent. Users are directed to this website for links to appropriate sites.

The University employs technology based deterrents in compliance with the Higher Education Opportunity Act of 2008. This includes accepting and responding to DMCA notices. To report any suspected electronic copyright infringement originating at Caldwell University, please contact the designated agent (per the DMCA) listed below:

Michael Galvin
Chief Financial Officer and Vice President of Finance
[email protected]

The Electronic Communications Privacy Act

In 1986, Congress passed the Electronic Communications Privacy Act (ECPA) that made it illegal to intercept electronic communications on a public or private network without proper authorization. The ECPA provides electronic transmission of messages the same privacy protection as telephone calls over the public telephone systems. System operators are not permitted to divulge the contents of messages except under a narrow set of circumstances.

The ECPA also protects internal systems, such as those at Caldwell University, from unauthorized interception of messages by outside sources. However, the ECPA permits messages that are stored on internal systems to be accessed by authorized personnel without violating the Act.

This statement sets forth the University’s policy with regard to the use of, access to, and disclosure of electronic communications. For purposes of this policy statement, electronic communications includes but is not limited to electronic mail, Internet services, voice mail, audio and video conferencing, and facsimile messages that are sent or received by faculty, staff, students, and other authorized users of University resources.

Monitoring Network Use

Under certain circumstances the University reserves the right to access communications to the extent permissible by law. This includes, but is not limited to, when such access is required by law or court order, necessary to identify or diagnose security vulnerabilities, to preserve public health and safety, to carry out essential business functions of the University, or when there are reasonable grounds to believe that a violation of law or a significant breach of University policy may have taken place. Such monitoring is a serious matter, and University will only do so with explicit authorization. For the faculty, appropriate authorization is the Vice President for Academic Affairs and the President of the Faculty Council. For the staff, appropriate authorization is the Executive Director of Human Resources. For the students, appropriate authorization is the Dean for Student Life. This policy applies to all use of University networks, including Internet access and use of e-mail.

The University retains the right to employ appropriate network traffic and bandwidth analysis methods.

Audiovisual Equipment and Media

All audiovisual software and hardware materials are purchased by Information Technology with some minor exceptions. Equipment should not be moved from the designated areas. All requests for equipment should be made to the Manager, Technology Support Services at least twenty-four (24) hours before it is needed. Forms are available on-line. Please report all breakdowns and/or needed repairs to the Help desk so appropriate action can be taken.

Artificial Intelligence & Emerging Technologies

Employees and students may not enter sensitive, confidential, or personally identifiable information (PII) into AI platforms unless authorized in writing by the appropriate supervisor. For additional information see sections Student Use of Artificial Intelligence (AI) and AI Acceptable Use Policy (AI-AUP).