Student Rights and Responsibilities
The student:
- Must notify the associate vice president and University registrar of the names of the student’s advisor and any witnesses who will attend the hearing, at least three days before the hearing.
- Must submit a copy of any document that the student wishes to present into evidence to the associate vice president and University registrar at least three days before the hearing.
- Will be notified of the charges against him/her, in writing, prior to the hearing.
- Will be informed of the evidence upon which a charge is based.
- Will have a reasonable length of time to prepare a response to any charges.
- Will receive a copy of an investigation report prior to any hearing.
- Will be given the opportunity to present his/her defense and offer evidence at the hearing.
- Will receive a written determination of the charges and notifications of any sanctions imposed, in a timely manner.
- Will be afforded confidentiality throughout the process.
- Will have the right to waive any of these rights.
Student Conduct Committee Hearing
All committee hearings will convene in Trenton, N.J. Students unable to travel to Trenton may attend the hearing telephonically, via conference call or video interface. A single audio recording of the hearing will be made by the University. Deliberations will not be recorded.
- The student may have an advisor present at the hearing; however, the student is responsible for presenting their information and, therefore, the advisor is not permitted to speak or participate directly in the hearing.
- The student will be allowed to review the investigation report (a copy to be provided prior to the hearing), listen to the investigating staff deliver the report and suggest questions for the Student Conduct Committee chair to ask.
- The student shall have the opportunity to present their version of what happened, submit supporting documentation and present witnesses.
- All records of the hearing will be kept in the custody of the University. Records or recordings are the property of the University and may not be reproduced without the specific authorization of the president of Thomas Edison State University.
- Hearings are closed to the public and limited to the committee, complainant, accused, and advisor. Presentation of witnesses shall be subject to the committee’s approval.
- The committee’s determination shall be made on the preponderance of evidence standard, i.e., whether it is more likely than not that the accused student violated the code of conduct.
- All expenses incurred by the student will be borne by the student.
The Student Conduct Committee will review the report, listen to evidence, and decide if a violation did or did not occur. If a violation is determined to have taken place, the committee will determine what disciplinary action, if any, to impose on the student. A written decision will be issued by the chair of the Student Conduct Committee to the provost and senior vice president. A copy of the decision will be sent to the student by certified and regular mail and serves as notice of the committee’s decision and any sanctions to be imposed. With the exception of dismissal, the Student Conduct Committee may impose, on its own authority, all sanctions listed in this policy.
One or more of the following sanctions may be imposed:
- Written Warning – A written reprimand for violation of a specific nature, including a warning that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
- Exclusion/Removal from University Activity/Event
- A student given this sanction may be barred from attending University sponsored activity and events for a specified period of time, not to exceed 180 days. These restrictions may be extended to participation in online events sponsored by the University.
- Suspension – A student may be suspended from the University for a specified period of time, not to exceed one year. The student while suspended shall not participate in any University sponsored activity and will be barred from University premises. At the discretion of the provost and senior vice president, a permanent transcript notation of the suspension may be made. Students suspended from the University are not entitled to refunds for tuition or fees associated with their interrupted enrollment.
- Dismissal from the University – Permanent separation of the student from the University. A permanent transcript notation is mandatory. Students dismissed from the University are not entitled to refunds for tuition or fees associated with their interrupted enrollment. As the most severe action of the institution, the committee may recommend dismissal to the provost and senior vice president. Dismissal may only be imposed by the provost and senior vice president either pursuant to the committee’s recommendation or upon the authority of the provost and senior vice president. The provost and senior vice president will notify the student by certified and regular mail, if dismissal is imposed.
- Postponing or Withholding of a Degree – The University may withhold the award of a degree, otherwise earned, until completion of a disciplinary process set forth in any of its Codes of Conduct.
- Revocation of a Degree - An awarded degree may be revoked for fraud, misrepresentation, or other violation of University standards.
- Interim Suspension - In extreme or emergency circumstances, any vice president of the University may immediately suspend a student from access to University premises, activities, or electronic sites, pending a conduct hearing or disciplinary action. Such interim suspensions will be reported as soon as possible to all the members of the President’s Council.
Appeal Process
The student shall have the opportunity to appeal any decision involving disciplinary action. Appeals of dismissals must be submitted directly to the Office of the President. All other appeals must be submitted in writing to the provost and senior vice president. All appeals must be filed within 15 business days after receipt of the disciplinary action. The appeal must specify the grounds on which it is being made. Allowable grounds for appeals are limited to the following:
- Evidence of procedural irregularity that affected the fairness of the hearing
- Evidence of significant mitigating circumstances or facts that could not have been presented to the investigating staff member or at the hearing
- Evidence of undue severity of sanction
- Evidence of bias on the part of the investigating staff member
- Evidence that the decision of the Student Conduct Committee is arbitrary, capricious, or unreasonable, and that the charges are not supported by the evidence
- A written decision will be issued and the student will receive a copy of the appeal decision by certified and regular mail. The appeal decision may require that the previously imposed sanctions be:
- Affirmed
- Suspended, set-aside, or rejected
- Modified or adjusted as warranted by circumstance
- Remand for a new hearing
Upon notification, administrative offices throughout the University will take all requisite actions to record and implement the final decision of the University.