Office of Judicial Affairs Home
Contacts:
| Important Documents |
|---|
- Student Handbook 2009-2010 (PDF)
- Good Samaritan Policy (DOC) (PDF)
- Important Student Information Fall 2009 |
Office: C-216, Academic Wing, Second Floor.
| Director: | Melissa Van Der Wall |
| E-mail: | mvanderw@ramapo.edu |
| Phone: | (201) 684-7869 |
| Fax: | (201) 684-7489 |
| Assistant: | Kris DeLuccia |
| E-mail: | kdelucci@ramapo.edu |
| Phone: | (201) 684-7869 |
| Fax: | (201) 684-7489 |
Mission / Overview
Mission:
The Office of Judicial Affairs is responsible for coordinating and adjudicating all College policy violations. The Director of Campus Judicial Affairs, in conjunction with the Vice President for Student Affairs, reviews Campus Public Safety reports to determine violations of the Student Code of Conduct and other College policies.
Overview:
The members of the Ramapo College community recognize that the development of responsible student behavior and conduct is fostered by example, counseling, guidance, admonition and by adherence to College policies, procedures and regulations.
Ramapo College does not attempt to regulate the lives or activities of the students except to assure its liability to accomplish its educational mission and to protect the health, safety and security of members of its community. Rules and regulations are promulgated by the College, or by other Agencies with applicability to the campus or its members, shall be enforced, and students are expected to comply with them.
Educational Discipline:
Ramapo College is committed to the overall educational and personal growth of its students. In order to most effectively facilitate this process, it is important to maintain an environment conducive to such.
The College requires the individual and mutual cooperation of its community members both in and out of the formal classroom context. The College, therefore, has an established set of policies, procedures, regulations and standards of behavior. Included is the regulation of the conduct and behavior of community members whose actions may impede, obstruct or threaten the maintenance or order and/or the achievement of the College's educational goals.
While it is the goal of the disciplinary process to educate students as to the purpose and importance of abiding by policies, the College will also issue sanctions, as are appropriate and necessary to ensure continued and/or future adherence and to protect the general population from disruptive behavior.
Frequently Asked Questions
Many commonly asked questions about what happens when you are referred to the Office of Judicial Affairs are answered below.
How does your office know when and who violates the Code of Conduct?
The Office of Judicial Affairs receives various incident reports from different sources, e.g., RCNJ Security, Office of Residence Life staff, faculty or administrative offices, and other students.
How do I file a complaint?
Anyone who thinks s/he is a victim of or a witness to an alleged violation may submit a statement form with Security, or the Judicial Affairs Office. One must realize that the accused student(s)/organization will have a right to review the statement and call into question any allegations. You must be prepared to possibly give an account of your complaint in a judicial proceeding if needed.
What are my rights in the discipline process?
Your rights are outlined in the Code of Conduct, Section J, "Rights in all Disciplinary Proceedings"
How do you make your decision about if I violated a College policy?
A Standard of Evidence is the measuring stick by which we make a decision. Ramapo College uses a Preponderance of Evidence in order to find a student in violation of policy. The student is not responsible for violating policies unless proven otherwise; however, unlike a court of law, the standard of evidence which must be met in order to prove that a student violated policy is less stringent. If you imagine weighing the evidence on some imaginary scale, it must be more than 50% convincing that a policy was violated. Another way of stating it is "Is it more likely than not that a policy was violated?"
Does a student who has been charged with a violation need an attorney?
Any student (Accused, Victim, Witness) who appears at a disciplinary proceeding may have an advisor accompany him/her. The advisor may provide advice but will not be permitted to question witnesses or to present information at the meeting. (Having an attorney serve as an advisor does not change the role of the advisor.) A student who wishes to have an attorney as an advisor must inform the Judicial Affairs office in writing or by telephone at least three business days prior to the scheduled proceeding.
What about an incident occurring off-campus, e.g., a drug arrest, DUI, fights, theft, assault, etc.?
As a citizen of the RCNJ Community you are expected to represent the institution in the best possible manner. RCNJ reserves the right to deal with violator’s off-campus for incidents that would normally be considered violations of the Code of Conduct had they occurred on-campus.
If an incident is being handled in the courts, may the College also take action?
Yes, students sometimes find that their involvement in an incident is reviewed by two or more jurisdictions (e.g., the College discipline system and the civil and criminal justice systems.) The fact that an incident is being examined from more than one perspective does not mean that the student has been placed in "double jeopardy." The purpose of the student discipline process is to determine if a person shall remain a member of this academic community and, if so, under what conditions.
If I did violate the rules, maybe I can just lie about it, sound very sincere, and get away with it.
This is a bad idea for two reasons.
First, people almost always get caught in their lies. One lie leads to another and another. Eventually, everything comes crashing down, and what was a single violation at the start is compounded by additional dishonest acts.
Second, even if one is successful in deceiving others, it is much harder to fool oneself. The individual must live with his/her conscience, and with the knowledge of that deception. It is best to tell the truth right at the beginning, face one’s mistakes and take responsibility for the consequences, learn from the experience and develop positive, ethical ways of solving problems in the future.
Maybe I can just talk my way out of it …
Again, this is a bad idea. The meeting with a Hearing Officer/Judicial Board is an opportunity to talk about what happened in a non-threatening environment. Trying to avoid responsibility for one’s behavior usually results in more severe sanctions, and may establish a pattern of dishonesty and evasion that will create bigger problems in the future.
But admitting a violation will ruin my life – I’m afraid the violation will go on my record and keep me from going to professional or graduate school, or from getting a job!
A single violation will NOT ruin one’s life. As an educational institution, a primary goal of the campus disciplinary process is to help students learn from their mistakes. Usually, no permanent records are retained, and nothing goes on a student’s transcripts regarding the disciplinary action. Only if the sanction involves Expulsion is it noted on transcripts. In all but a very few cases, a student discipline record will not prevent one from applying and being admitted to medical, law, dental, or other professional or graduate schools.
But I was not aware of the rules; I did not mean to do anything wrong!
Every student is responsible for knowing what the rules are. This is why it is important to ask questions if one is unsure of the standards that apply. For example, if a student does not know the proper rules for citing sources in a paper, or do not know whether or to what extent students can work together on a homework assignment, the student must ask questions about the rules BEFORE completing and submitting the assignment. Ignorance is not an excuse. If you find yourself worrying about whether something is OK or not, don’t ignore your instincts-ask for clarification.
And if I did do it?
A referral to student judicial system, regardless of the outcome, can be a learning process. The goals of a disciplinary inquiry are to find the truth, to be fair, and to treat all those involved with respect.
If a student has violated the rules, we know that it is not easy to admit mistakes. Our experience has been, however, that most students have the courage to admit their mistakes. The act of taking personal responsibility empowers the individual and allows him/her to get beyond a bad decision and move forward with his/her life.
Most answers to questions about the student judicial process can be found in the Student Handbook. If you do not find the information you are looking for, you can send an e-mail to: mvanderw@ramapo.edu, or you can call the Office of Judicial Affairs at (201) 684-7869.
Hearing Resources / What You Need to Know
A. Tips for Accused Student in a Disciplinary Proceeding
This information was developed to help you prepare for a disciplinary proceeding. It is meant to supplement the Code of Conduct in the Student Handbook, which details the judicial process you will go through. You should read the section thoroughly as well as follow these tips when preparing to appear. Questions about the process should be referred to Melissa Van Der Wall, Director of Campus Judicial Affairs.
You have been charged with a violation of the Ramapo College Code of Conduct. Although you have been charged with a violation, you are presumed "not responsible" until proven "responsible." It is the responsibility of the complainant to present and "prove" the case against you. The standard of proof that a Hearing Officer/Judicial Board will use to reach a decision will be whether it IS MORE LIKELY THAN NOT that the violation occurred.
As you prepare for the disciplinary proceeding, you should keep in mind the following pointers:
- Tell the truth. Failure to tell the truth is itself a serious charge and can result in further disciplinary action even if you are found not in violation for the charge against you.
- You will be allowed to submit documents or statements for use at the proceeding. They must be submitted to the Office of Judicial Affairs prior to the proceeding so that copies can be made and distributed to the appropriate persons. Statements should be submitted, signed, dated, and typed or clearly written in ink.
Statements should be recollections of the incident and answer who, what, where, when, and why questions. Only individuals who have first-hand knowledge of the incident should submit them. These individuals may also be called as witnesses at the proceeding. Written statements will generally be requested during the investigation and should be turned into the Office of Judicial Affairs. Character witnesses will not be permitted to appear as they are not needed and have little, if any, relevance to the charges against you.
- You are entitled to review the submitted written statements and incident reports that will be used by the complainant in the case. Please contact the Office of Judicial Affairs at 201-684-7869 to set up an appointment to view the file. You may not duplicate these materials. Read the materials carefully and think of any questions you will want to ask at the proceeding. Write the questions down in advance. When reviewing these documents, look for missing information, gaps in time that are not explained well or fully, and misinformation or inconsistencies among statements. This approach will probably be used by the complainant in preparing the case against you.
- You are permitted to have an advisor present for the proceeding. The advisor in a disciplinary proceeding may be anyone of your choosing (including an attorney.) The advisor is not permitted to speak during the proceeding. The advisor may confer and speak privately to you. The advisor may not be included in the list of witnesses. S/he may only function in the capacity of an advisor. The advisor can assist you with the following:
- Reviewing the charge(s) and the student judicial process
- Preparing the Presentation of the case
- Thinking of questions to ask the witness(es) called to testify at the proceeding
- Taking notes during the proceeding
- Suggesting additional questions to ask witnesses and the other party based on their testimony
- Helping keep you calm and in control
- Providing you with moral support during the proceeding
- Your presentation of the case and closing statements are important. If you engaged in prohibited conduct, you may say this up front then speak to mitigating factors surrounding the incident that the person(s) writing the reports may not have been aware of. If you are not responsible for the charge, you should also state this up front and be prepared to show why the complainant is wrong in bringing the charge against you. If you prefer not to read a prepared statement, you may want to prepare an outline to ensure that you do not forget any major points. Your closing statement is always presented last and will allow you to summarize the findings of the case from your perspective.
- During the proceeding the complainant and the Hearing Officer/Judicial Board may ask you questions. Answer only the questions asked of you and do so in a clear, concise and direct manner. Do not be evasive.
- When you question parties at the proceeding you may ask "open" or "closed" questions. A "closed" question can usually be answered with a one-word response. Asking an open ended question will draw out more information. Ask concise, specific questions to the other parties at the proceeding. Seek general information first; then move to more specific questions. Do not badger others while questioning.
- Eye contact should be made with the Hearing Officer/Judicial Board when they address you. They are not the enemy! They are there to do three things: hear the information, formulate an opinion regarding whether it is more likely than not that you engaged in prohibited conduct and if so, impose a sanction. Do not allow yourself to become defensive or argumentative with the Hearing Officer/Judicial Board.
- You may appeal certain sanctions. The appeal process is explained in the Student Handbook. Your advisor may be helpful in formulating your appeal letter if you choose to appeal the decision.
- Do not hesitate to consult with the Director of Judicial Affairs if you have any questions on how to prepare for the proceeding or an appeal. In general, you should take the process seriously and prepare carefully.
[ return to top ]
B. Tips for the Complaintant in a Disciplinary Proceeding
This information was developed to help you prepare for a disciplinary proceeding. It is meant to supplement the Code of Conduct in the Student Handbook, which details the judicial process you will go through. You should read the section thoroughly as well as follow these tips when preparing to appear. Questions about the process should be referred to Melissa Van Der Wall, Director of Campus Judicial Affairs.
Preparation
- Read all witness and incident reports
- Prepare a short outline that identifies key players. Identify which individuals will be needed to testify at the proceeding.
- Identify sequence of events
- Identify special circumstances associated with the incident (i.e., alcohol or other drug use, harassing or provoking speech or actions).
- Be sure to have a clear understanding of the specific rule, regulation or standard of conduct the accused student has allegedly violated as stated in the Student Handbook.
- Clarify discrepancies in and between statements.
- Anticipate questions the Hearing Officer/Judicial Board and the accused may ask.
- Identify questions you will want to ask of the accused and the witness(es).
- Upon request you will be provided an opportunity to view the file for the case. Please contact the Office of Judicial Affairs at 201-684-7869 to set up an appointment to view the file.
Judicial Board Process
Please review the Student Handbook, Section L. "Judicial Board Hearing Format." The hearing can be divided into four segments.
- Presentation of case – Complainant then Accused
- Questioning of the Parties
- Questioning of the Witnesses
- Closing statement – Accused then Complainant
Presentation of case
Prepare and write out an outline for the presentation of your case. The presentation should begin with a brief and sharp statement of what you will show. The rest of the presentation is a narrative about the incident and the key facts.
Questioning
When responding to questions, avoid providing unnecessary information. Short, direct responses are preferred by the Judicial Board. Do not make personal comments about the accused student. Ask questions of the accused and witnesses that will highlight discrepancies in testimony.
Closing Statement
State what you have shown throughout the hearing. Point out any discrepancies you have discovered during the hearing. Explain the impact of the incident on the complainant and the College Community. Suggest to the Judicial Board how sanctioning the accused student will protect the interests of the complainant and the College Community.
Reminders
- The use of alcohol or other drugs may not be used as a defense.
- In cases of sexual violence, the alleged victim's past sexual history may not be revealed unless said activity was with the accused and can be shown to be relevant to the case at hand.
- The hearing and all materials associated with it (incident reports, statements, etc.) are to be considered confidential. You may not discuss this case with anyone, including any member of the Judicial Board following the hearing except the Director of Campus Judicial Affairs.
- Character witnesses are not permitted in the hearing since they have little if any relevance to the charges.
[ return to top ]
C. Tips for the Witness in a Discipline Proceeding
You have been called as a witness in a disciplinary proceeding before a Hearing Officer or Judicial Board. This is not a court of law, but rather a part of our student discipline system for addressing complaints about student behavior. The fact that allegations have been made and are taken seriously does not mean that they are true.
The role of a witness is not that of an advocate or helper for one side; a witness’s obligation is simply to tell the truth. You have been asked to be a witness because you know something about the incident or about matters directly related to the incident in question. You are asked to share that information at the proceeding.
The parties involved and the Hearing Officer/Judicial Board may ask you questions. You are asked to give truthful, thoughtful answers. You will be given ample opportunity to tell what you know about the case. Upon entering the proceeding you will be sworn in and then asked to testify. When the Hearing Officer/Judicial Board excuses you, you may leave. As student judicial records are confidential, you are not to discuss the case outside the proceeding unless authorized to do so by the Office of Judicial Affairs.
If you anticipate a scheduling conflict notify the Office of Judicial Affairs. You are advised to consult the Student Handbook and familiarize yourself with the student judicial system and the Code of Conduct. Questions about the process should be referred to Melissa Van Der Wall, Director of Campus Judicial Affairs.
[ return to top ]
D. Tips for the Advisor of a Student in a Disciplinary Proceeding
This information was developed to help you prepare to serve in your role as ADVISOR for a student in a disciplinary proceeding. It is meant to supplement the Code of Conduct in the Student Handbook, which details the student judicial process. You should read the section thoroughly as well as follow these tips when preparing for the proceeding. Both accused and complainant students have access to similar "Tips" documents to assist in preparing for the proceeding. Questions about the process should be referred to Melissa Van Der Wall, Director of Campus Judicial Affairs.
The advisor in a disciplinary proceeding may be anyone of the student's choosing (including an attorney.) The advisor is not permitted to speak during the proceeding. The advisor may confer and speak privately to the advisee. The advisor may not be included in the list of witnesses. S/he may only function in the capacity of an advisor. The advisor should assist the advisee with the following:
- Review and understand the charge(s) and the student judicial process
- Prepare the Presentation of the case
- Think of questions to ask the witness(es) called to testify at the proceeding
- Take notes during the proceeding
- Suggest additional questions to ask witnesses and the other party based on their testimony
- Help keep the advisee calm and in control
- Provide moral support to the advisee during the proceeding
The advisor's assistance may also be needed in preparing a letter of appeal (if advisee is the accused student), should the student choose to appeal the decision.
[ return to top ]
E. Justifiable Excuses for "Charged" Students not to Appear at Judicial Board Hearing or Disciplinary Conference
- Serious illness or hospitalization. Physician's letter required within five business days attesting to inability of charged student to be present for reasons of illness or injury.
- Death of member of immediate family of charged student or in domicile with family. Copy of death notice in newspaper or death certificate required.
- Serious physical emergency at student's permanent home (i.e., fire, flood, etc.). Local Police Department verification in writing required.
- Charged student under arrest and incarcerated. Written court or police verification required.
- Charged student involved in unavoidable transportation delay. Must be documented in writing by police in locale where delay took place.
Judicial Board Membership
The Role of the Judicial Hearing Board
The Judicial Hearing Board's function is to investigate the issues raised in the disciplinary hearing and determine whether the student charged is responsible for the conduct alleged. Board members play an active role in listening to all testimony and evidence presented, and they have an opportunity to question all witnesses to gain a better understanding of the issues related to the allegations. If the members of the Judicial Hearing Board decide, through deliberation, that the student(s) is responsible for the allegation(s), they then determine an appropriate sanction.
Board Selection for Hearings
Hearings usually last from one to two hours. Five persons (three faculty/professional staff, two students) serve on each Board. You may be asked to be a member of a Board several times per semester, but you can serve when it is convenient for you. You will be notified by email about the convening of a Board several days before the hearing. Hearings are scheduled at various times, from 8:30am to 4:30pm and on different days of the week depending on the class schedules of the student(s) charged and of the witness(es). A confirmation is then sent back to you if you have been selected to serve on the Board.
Students who serve on Judicial Boards must have 28 credits earned, maintain a 2.5 cumulative G.P.A., no Code of Conduct violations within the past year, and agree to keep all case information in strict confidence.
Please fill out the appropriate application below completely and feel free to contact Melissa Van Der Wall at x7869 if you have any questions.
Word DOC and PDF Format Downloads
Student Application for Board Membership (DOC)
Faculty/Staff Application for Board Membership (DOC)
FERPA
The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their student’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.” (Source: U.S. Department of Education, www.ed.gov)
FERPA provides for the right to privacy and confidentiality with respect to student educational records. With a student’s written consent, the Director of Judicial Affairs, or designee, may disclose confidential information on file to the individual(s) or agency named by the student on the consent form. Usually, inspections and/or disclosure of these records require authorization; however, there are certain stipulations and exceptions in FERPA whereby this information may be released without this written consent.
A FERPA waiver may be procured in the Office of Judicial Affairs, C-216 or downloaded from this website.
Judicial Affairs Contacts / Org. Chart
| Organizational Chart (PDF) |
Judicial Affairs Contacts
Office C-216
judicial@ramapo.edu
Melissa Van Der Wall; Director of Judicial Affairs
mvanderw@ramapo.edu, C-216, Academic Wing, 2nd Floor
The Director interprets and administers the College’s student conduct. The Director initiates cases that are then heard by Judicial Boards/Disciplinary Conferences and also serves as a hearing officer for serious violations of the Code of Conduct. The Director supervises professional staff in the residences and elsewhere as they administer the Code of Conduct through their role as hearing officers. The Director supervises staff, serves on College committees, and ensures compliance with Federal laws through a complete and thorough knowledge of laws likely to have an effect upon college students. The Director serves as the chairperson for the College’s Behavioral Intervention Team (BIT).
Melissa joined Ramapo College in 2004 following a career in Residence Life at Seton Hall University. She is currently pursuing her Ph.D. in Higher Education.
TBA; Assistant Director of Judicial Affairs
The Assistant Director, reporting to the Director, administers and implements the Code of Conduct by serving as a hearing officer and working with the Director to make determinations concerning follow-up actions to be taken of a disciplinary or non-disciplinary nature. The Assistant Director recruits and oversees the selection of volunteers to the College Judicial Review Board – as well as supervises the training and development of new members. The Assistant Director serves on various College-wide committees, manages special projects for the departments, gives presentations, and provides leadership to the Office in the Director’s absence.
Kristine Deluccia; Assistant for Judicial Affairs Operations
kdelucci@ramapo.edu, C-216, Academic Wing, 2nd Floor
The Assistant is responsible for providing support to the Director in an administrative capacity. Further responsibilities include compiling materials associated with campus disciplinary proceedings, maintaining accurate case file information, and managing various projects. The Assistant supervises all local, State, and Federal background checks related to behavioral issues. The Assistant supervises the office’s Student Aide.
Kristine joined the Office of Judicial Affairs in 1999. She says about working in Judicial Affairs that she enjoys working in a fast paced environment where she utilizes her multi-tasking and organizational skills.
Elizabeth Joyce; Assistant for Business Operations in Residence Life and Judicial Affairs
ejoyce@ramapo.edy, C-213, Academic Wing 2nd Floor
Elizabeth’s primary function at the College is in Residence Life, but also assists the Office of Judicial Affairs 12 hours per week. Her main responsibilities are sanction tracking, follow up on noncompliance issues, place/lift registration HOLDS, update files, and coordinating these efforts with the Center for Health and Counseling and Community Restitution Sites.
| Important Links: | |
| Academic Policies | Campus Public Safety |
| Student Affairs Home | OnCampus Living |
