To protect the rights of all community members and visitors, the College has established a Code of Conduct that outlines accepted standards of behavior and means for sanctioning those who do not abide by these standards. The Code covers the behavior of all students and their guests* and applies to acts committed on the Ramapo College campus, at Collegesponsored events, sanctioned activities off campus, and other actions as defined in Section F.

The disciplinary regulations that follow are designed to provide broad guidelines. They are not meant to define in exhaustive terms all behaviors that are prohibited. In all cases, the College has the right and the duty to protect the well being of community members. When violations of this Code are also violations of Federal, State, or local law, the College, through its employees or representatives, may file a complaint in the appropriate forum. Similarly, the College itself may press internal disciplinary charges. The College reserves the right to take action against students based on offcampus conduct as provided in Section F.

*If a students seeks to file a complaint against an employer, refer to the Anti-Discrimination policy in this Handbook.

This Code may be amended. If a change is made, students will be notified through means deemed appropriate. A copy of the latest Code with revisions is available on the Judicial Affairs Web site, in the Judicial Affairs Office (C-213), and in the Student Affairs Office (C-212).

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A. The Role of the Associate Vice President for Student Affairs

The Associate Vice President for Student Affairs and his/her designees have the responsibility for overseeing processes related to the implementation of the Code. Academic misconduct charges are generally considered by members of the staff of the Provost/Associate Vice President for Academic Affairs. In a situation where a student’s health or safety is/was seriously endagered, the Associate Vice President for Student Affairs and his/her designees will make every attempt to notify the parent/guardian as soon as possible.

B. Filing Complaints

Complaints against students may be made by any student, employee, or guest of the College who feels the Code of Conduct has been violated. A complaint must be made in writing to the Judicial Affairs Office, Student Affairs Office, or the Campus Public Safety Department within a reasonable amount of time after the occurrence. (This will normally be construed to mean within 30 calendar days, unless unusual circumstances exist.) The complainant should include as much detail concerning the alleged violation as possible and include specific reference to the part of the Code the complainant feels has been violated. Forms on which complaints may be filed are available in the Public Safety Office, Student Affairs Office, and the Judicial Affairs Office. The use of this form to file a complaint is not required, but is requested. Students are formally charged with alleged violations only after appropriate members of the Student Affairs staff have reviewed the complaints and witness statements (if available).

C. Complaints against Student Groups

Recognized or registered student groups, organizations, and teams may be charged with violations of this Code. A student group, organization, or team and its officers or captains may be held collectively or individually responsible when violations of this Code occur by those associated with the group or organization whose actions have received the consent of the group's or organization's leaders, officers, or spokespersons. The president or identifiable spokesperson of the group that is charged with violations of this Code will be sent a "Notice of Judicial Proceeding" that will indicate the adjudication option that will be employed in their case. The person receiving this notice must be a registered student.

D. Responsibilities of Officers or Other Leaders of Student Organizations

The officers or leaders or any identifiable spokesperson for a student group or organization may be directed by the Vice President for Student Affairs or a designee to take appropriate action designed to prevent or end violations of this Code by the group or organization, or by any persons associated with the group or organization who can reasonably be said to be acting on the group's or organization's behalf. Failure to make reasonable efforts to comply with the Vice President for Student Affairs’ or designee’s directive shall be considered a violation of H. #17 of this code.

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E. Accountability of Students to Civil Authorities

Students may be accountable to both civil authorities and to the College for acts that violate the law and this Code. Disciplinary action at the College may normally continue during the pendency of criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced. The College reserves the right to reach its own determination on violations of this Code unaffected by the outcome of any civil or criminal action.

F. Actions for Serious Crimes On Campus or Off Campus

If the College is made aware a student has been arrested, indicted, or found guilty of a crime, or when in the College’s judgment, that student might pose a danger to the safety, security, or ongoing operations of the campus, the College reserves the right to take administrative actions to protect the community and may, therefore, require that person to withdraw from the College and/or campus housing through regular disciplinary processes or the Interim Suspension process. The procedures for hearings regarding regular disciplinary matters or Interim Suspensions (found in J. Rights in All Disciplinary Proceedings) will then be followed.

G. College Actions Against Non-Students

The College's judicial process does not have jurisdiction when a complaint is filed against a person who is not a student. Persons who are not students but who violate Federal, State, or local laws or College regulations may be subject to arrest, immediately banned and/or may have their campus visitation privileges revoked. College officials may file charges with the police against guests or other visitors who violate laws while on campus. Campus hosts will be held responsible for their guests' behavior. Non-students who are banned have the right to appeal that determination by writing to the Director of Public Safety.

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H. Prohibited Conduct

1. 1. Intentionally or recklessly causing physical harm.
      
   2. Intentionally or recklessly causing reasonable apprehension of physical harm.
      
   3. Intentionally or recklessly causing threats to do bodily harm.
      
      
2. Intentionally or recklessly causing verbal or written harassment that is prohibited by law.
   
   
3. 1. Unauthorized use of any weapon or realistic model of a weapon. (The definition of weapon includes those items described as such in the New Jersey Code of Criminal Justice as well as any similar instrument that has no legitimate or obvious purpose related to the College's educational program, e.g., dart guns, paintball guns, BB guns, bows and arrows, any instrument that can discharge a projectile, hunting knives, carpet knives, razor knives, and knives with blades longer than two inches, except knives related to the preparation or consumption of food or that can be legitimately described as a pocket or pen knife.)
      
   2. Unauthorized possession of any weapon or realistic model of a weapon.
      
   3. Unauthorized storage of any weapon or realistic model of a weapon.
      
   4. Unauthorized discharge of any weapon.
      
   5. Hunting or fishing in all areas of the campus.
      
      
4. Intentionally initiating or causing to be initiated any false report or warning concerning:
   
   1. The threat of fire.
      
   2. The presence of a bomb or of an explosion.
      
   3. Any other emergency condition.
      
      
5. Intentionally or recklessly interfering with normal College or College sponsored activities including, but not limited to:
   
   1. Presentations by invited speakers.
      
   2. Studying.
      
   3. Teaching.
      
   4. Research.
      
   5. College administration, including institutional governance operations.
      
   6. The activities of fire, police, or other emergency services.
      
      
6. Violating the terms of any disciplinary sanction imposed in accordance with this Code or the Guide to Community Living.
   
   
7. Unauthorized distribution or possession for purposes of distribution of any controlled substance, illegal drug, or commonly acknowledged drug paraphernalia.
   
   
8. Use or possession of any controlled substance, illegal drug, or commonly acknowledged drug paraphernalia.
   
   
9. Violation of Federal, State, local or campus drug or alcohol laws, regulations or rules.
   
   
10. Intentionally or recklessly misusing fire detection and suppression equipment or other safety equipment, including fire alarm devices.
    
    
11. Intentionally furnishing false information to the College or to a College official verbally or in writing.
    
    
12. 1. Forgery of any College document or instrument of identification.
       
    2. Unauthorized alteration of any College document or instrument of identification.
       
    3. Unauthorized use of any College document or instrument of identification.
       
       
13. All forms of academic dishonesty including cheating (including the use of unacknowledged academic sources), fabrication, facilitating academic dishonesty, and plagiarism. (Students charged with a violation of this section of the Code are subject to the procedures outlined in the Academic Integrity Policy which is printed on page 43 in this Handbook and in the College Catalog.
    
    
14. Intentionally and substantially interfering with the freedom of expression of others.
    
    
15. 1. Theft of property or services.
       
    2. Attempted theft of property or services.
       
    3. Acting as an accessory in the theft of property or services.
       
    4. Knowing possession of stolen property.
       
       
16. Intentionally or recklessly destroying or damaging the property of others.
    
    
17. Failure to comply with the directions of College officials, including campus Public Safety Officers acting in performance of their duties.
    
    
18. Violation of published Federal, State, or local laws or of College regulations or policies. (Such regulations or policies may include Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace; residence hall agreements as well as those regulations relating to entry and use of College facilities, use of College owned or controlled equipment, campus demonstrations, misuse of identification cards, etc.)
    
    
19. 1. Unauthorized presence in College premises.
       
    2. Unauthorized use of College facilities or equipment.
       
    3. Unauthorized presence in or use of another's property or assigned College residence.
       
       
20. Unauthorized use or possession of fireworks, other incendiaries, or explosive devices.
    
    
21. Failure to produce a College identification card upon demand by a Public Safety officer or other official of the College acting in his/her official capacity.
    
    
22. Littering, vandalism of College or private property, or placing graffiti on walls, doors, or other College or privately owned property.
    
    
23. Hazing, including organizing, engaging in, facilitating, or promoting any conduct which places or may place another person in danger of bodily injury. (The consent of those hazed will not be accepted as a defense.) Hazing and aggravated hazing are also crimes punishable under the provisions of Title 2C of the Statutes of the State of New Jersey. Failure to comply with any of the standards or requirements outlined in the Pledge's Bill of Rights (developed by the Attorney General of the State of N.J. pursuant to N.J.S.A. 18A: 3-24 et. seq.) will be considered a violation of this section of the Code of Conduct. Subsequent changes in hazing laws are automatically included in this Code upon their adoption. Also see the Greek Letter Organization Manual.
    
    
24. Computer misuse, including but not limited to, hardware theft or fraud, duplicating copy-protected software, unauthorized use, subverting restrictions, and plagiarizing class programs. (Specific rules governing the use of computers and computer labs on campus are developed and distributed by the Center for Computing and Information Systems. Violations of those rules including the Policy for Responsible Use of Electronic Communications will be construed as violations of this section of the Code of Conduct.)
    
    
25. Unwanted sexual interactions including, but not limited to, the following offenses which are reported annually as part of the Jeanne Clery Disclosure of Campus Public Safety Policy and Campus Crime Statistics Act:
    
    Forcible Rape: The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his or her youth).
    
    Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
    
    Sexual Assault with an Object: The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against the person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
    
    Forcible Fondling: The touching of the private parts of another person for the purpose of sexual gratification, forcibly and/or against the person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
    
    Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    
    Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent which in New Jersey is 18.
    
    
26. Violation of New Jersey Gambling Law (NJS 2C-37-1 through 9) on College premises or at College events held off campus.
    
    
27. Causing intentional or reckless harm or other physical injury to campus wildlife including the purposeful destruction of these creatures' natural habitats.
    
    
28. Violations of the Code of Professional Responsibility when it applies to students who are also College employees or of the Student Guide to On-Campus Employment when it references certain dismissals for "cause."
    
    
29. After a verbal or written warning, continued violation of H. 1-28. above or of any published College policy.

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I. Adjudication of Cases

Students/organizations who are charged with violations of this Code will be sent a "Notice of Judicial Proceeding" that will indicate which of the following adjudication options will be employed in their case:

1. Residence Life and College Disciplinary Conferences: If the alleged violation is one for which the student could not be suspended or expelled from the College, the case will likely be heard (although it is not mandatory) in a Residence Life or a College Disciplinary Conference normally conducted by a Residence Director or by the Judicial Affairs Officer. The charged student will be required to attend a scheduled conference with the presiding administrator and will have the opportunity to discuss the alleged violation. Charged students have the option of taking responsibility for the alleged violation prior to the conference by signing the "Notice of Judicial Proceeding" and returning it to the Judicial Affairs office. Those students will be informed of the disciplinary sanction at the conclusion of the case. Further information regarding Disciplinary Conferences is outlined in Section J.
   
   
2. College Judicial Board Hearings: If the alleged violation is one for which the student could likely be suspended or expelled from the College, the case must be heard by the College Judicial Board. Specific information regarding College Judicial Board Hearings is outlined in Sections J, K, and L.
   
   
3. Mediation Services: In cases where expulsion or suspension from the College is not contemplated as a sanction and where there are no pending charges in any criminal court, the student parties involved in an alleged violation of the Code of Conduct may agree to enter into a formal mediation process under the direction of trained personnel in the Student Affairs Division. Details are available from the Center for Health and Counseling Services. (In cases where there is no agreement among the parties about seeking mediation, formal disciplinary procedures will be employed.) The results of a mediation conference do not become part of a student's official disciplinary record but a record is kept of the findings and agreements reached. These agreements may be enforced by the College.

J. Rights in All Disciplinary Proceedings

For any disciplinary action for which sanctions may be imposed, the student/organization shall have the following procedural protections:

1. Written notice of the charges that is dated at least three (3) business days prior to any scheduled Residence Life or College Disciplinary Conference and seven (7) business days prior to any scheduled College Judicial Board Hearing. A student may waive his or her right to the notification period if a signed form is executed.
   
   
2. Reasonable access to the case file prior to and during the proceeding. All case materials shall be retained in the Judicial Affairs Office (C-213).
   
   
3. The burden of proof shall be upon the complainant, who must establish that the person charged is responsible for the conduct violation "more likely than not" based on the credible evidence. This "preponderance of the evidence" standard is a lower one than the "beyond a reasonable doubt" standard employed in criminal prosecutions within the court system.
   
   
4. The right to remain silent and not present evidence against himself or herself.
   
   
5. Opportunities to both question those who provide information at the proceeding and respond to any information being presented against him or her. Formal rules of evidence shall not be applicable pursuant to this Code. The Board Advisor/Hearing Officer shall give effect to the rules of confidentiality and privilege, but shall otherwise admit all information for consideration that reasonable persons would accept as having material value. Unduly repetitious or irrelevant information may be excluded.
   
   
6. Any member of the College community may, upon showing relevance and necessity, request witnesses to appear at a proceeding. It is the responsibility of the complainant and the charged student to notify the Judicial Affairs Office in writing of the persons they wish called as witnesses at least three (3) business days before the proceeding. The Judicial Affairs Office will notify students who are identified as witnesses that their appearance is required. It is generally expected that witnesses will appear in person to give testimony. Under rare circumstances, a signed, dated, and notarized statement of a witness who is unable to appear or has been excused may be introduced at a proceeding. The decision as to whether such a document or any other alternative means of testimony may be used lies solely with the Board Advisor/Hearing Officer. Students who refuse to appear as witnesses for either the complainant or the charged student may be charged with a violation of H. 17. Witnesses will be excluded from the proceeding during the testimony of other witnesses. All parties to the case, witnesses, and the public shall be excluded during any deliberations determining responsibility or sanctions.
   

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7. Students charged with alleged violations, complainants, and witnesses may be accompanied by an advisor who may be an attorney. Advisors may provide counsel to the student, but may not speak on their behalf nor appear in lieu of the student. 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 (3) business days before the scheduled proceeding. When informed that an attorney will be present at the proceeding, the College may consult with the New Jersey State Attorney General's Office for advice on whether legal counsel for the College should also be present.
   
   
8. Proceedings will be open to the public, except when, in the judgment of the Vice President for Student Affairs or his/her designee, this would result in the disruption of normal College activities or physical or serious emotional harm to the complainant, witnesses, or the student charged.
   
   
9. In accordance with current guidelines established in the Family Educational Rights and Privacy Act (FERPA) and implemented by Ramapo College, the record of most disciplinary proceeding’s findings is not open to the public. The Jeanne Clery Disclosure of Campus Public Safety Policy and Campus Crime Statistics Act, the N.J. Sexual Assault Victim's Bill of Rights, and/or 34 CFR 668.47(a)(12)(vi) does permit the disclosure of campus judicial system findings to victims of "sex offenses" (including non-forcible ones) or "crimes of violence". In addition, FERPA now permits, once all appeals are exhausted, the final results of campus disciplinary proceedings for crimes of violence and forcible and non-forcible sex offenses to be disclosed on campus, including the name of the accused held responsible and the nature of the offense. Parents or guardians may be notified in certain cases involving violations of campus drug or alcohol regulations once all appeals have been heard or when the Vice President for Student Affairs deems the matter to have been a health or safety emergency (see the College’s Alcohol and Other Drug Policies for more information). Complainants in other kinds of cases will be notified about case adjudication and sanctions imposed if, in the Vice President for Student Affairs' or his/her designee's opinion, such disclosure is necessary to protect the safety of the complainant or of other members of the College community. If FERPA or other pertinent regulations change, the complainant and the student charged will be so notified before a proceeding is held. Note: Since the College does not have campus police officers, certain records of actions taken by outside police authorities are normally public information and are not subject to laws governing the privacy of College records.
   
   
10. In cases where a student charged does not appear after proper notice or has no justifiable reason for non-appearance, the finding will be an "uncontested admission of violation" and an appropriate sanction will be imposed. Please see Section R for information on appeals. (The "Justifiable Excuse" policy for non-appearance is available in the Judicial Affairs Office.)
    
    
11. Where loss of housing, suspension, or expulsion are possible sanctions, proceedings will be tape-recorded. Other proceedings may be taped at the discretion of the College. These recordings are solely for the purpose of providing assistance to the Hearing Officer/Judicial Board members or to the appeals officer in their deliberations. These tapes remain the property of the College and constitute an official record of the proceedings.
    
    
12. Final decisions and a listing of any sanctions imposed will be noted by the Board Advisor/Hearing Officer who will be responsible for ensuring such information is conveyed in writing to the charged student and to all others as deemed necessary or appropriate. The finding will be mailed to the charged student no later than ten (10) business days following the date that the decision was reached. Notification of others with a need or right to know under the law will only take place after all possible appeal processes have upheld the finding.
    
    
13. Records of findings and sanctions are retained as indicated in the letter of transmittal.

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K. Judicial Board Structure

The Ramapo College Judicial Board shall be comprised of five members, two of whom shall be matriculated students, and the other three of whom shall be members of the faculty or professional staff. A quorum consists of any three members of the Board. Decisions are made by majority vote. A tie vote will result in a finding of "not responsible." College Judicial Boards will be impaneled on a case-by-case basis from a list of volunteers who have agreed to the principles and procedures outlined in this Code and in the College Judicial Board Manual.

Each College Judicial Board hearing will be guided by a Board Advisor, who is normally an employee of the Student Affairs Division and most likely the Judicial Affairs Officer. The Board Advisor may comment on questions of procedure and admissibility of information presented and shall not be excluded from hearings or Board deliberations except that he/she shall not vote. The Board Advisor shall exercise control over the manner in which the hearing is conducted to avoid unnecessarily lengthy hearings and to prevent the harassment or intimidation of witnesses. Anyone who disrupts a hearing or who fails to adhere to hearing guidelines may be excluded from the proceedings. The Board Advisor will ensure the Board follows the procedures outlined in this Code and in the College Judicial Board Manual.

L. Judicial Board Hearing Format

At the time, date, and place scheduled, the hearing shall be conducted under the guidance of the Board Advisor. All proceedings before the College Judicial Board shall be duly recorded and shall adhere to the following format:

1. The Board Advisor shall convene the hearing and introduce all the parties involved in the proceeding, and the students’ advisors, if any.
   
   
2. The Board Advisor will not apply the technical rules of evidence followed in criminal or civil proceedings nor entertain technical legal motions. Technical legal rules pertaining to the wording of questions, hearsay, and opinions will not be formally applied. Reasonable rules of relevancy will guide the Board Advisor in deciding on the admissibility of information. Reasonable limits may be imposed on the number of factual witnesses and the amount of cumulative evidence that may be introduced.
   
   
3. Any objections to the due process requirements shall be entered on record and the Board Advisor shall make any necessary rulings regarding the validity of such objections.
   
   
4. The alleged violation or violations upon which the complaint has been based shall be read by the Board Advisor.
   
   
5. The charged student will be asked to enter a plea to each alleged violation. (In a case where a charged student pleads "responsible" for all charged violations, there will be no formal hearing on the charges. The charged student, the complainant and/or the victim will be allowed to make brief statements of explanation to the Board if they so wish. The Board will then determine a sanction.)
   
   
6. The complainant shall provide his/her narrative of the events describing the alleged violation (s).
   
   
7. The charged student shall then provide his/her narrative (if not electing to remain silent).
   
   
8. The charged student shall have the opportunity to ask questions of the complainant followed by questions from the Board.
   
   
9. The complainant shall have the opportunity to ask questions of the charged student, followed by questions from the Board.
   
   
10. The complainant shall be given the opportunity to call witnesses.
    
    
11. The charged student shall be given the opportunity to question each witness of the complainant after s/he testifies, followed by questions from the Board.
    
    
12. The charged student shall be given the opportunity to call witnesses.
    
    
13. The complainant shall be given the opportunity to question each witness of the charged student after s/he testifies, followed by questions from the Board.
    
    
14. The Board Advisor may adjourn the hearing for a brief period of time so that concise closing statements can be prepared.
    
    
15. The charged student shall present his/her closing statement followed by the complainant.
    
    
16. The hearing shall be concluded and the members of the Judicial Board shall deliberate in private until the final decision is reached and recorded.

NOTE: A determination that a violation has occurred shall be followed by a deliberation concerning the appropriate sanction to be imposed. The past disciplinary record of the charged student shall not be supplied to the Board by the Board Advisor prior to this point. Other information from either party to the hearing, including a written victim impact statement if appropriate, or from the Board Advisor which is relevant to the choice of sanction, may also be introduced at this point, including information concerning penalties assessed against other students for similar offenses. No information directly related to the case in question may be introduced for the first time at this point in the proceeding unless the charged student has been informed and allowed to review and comment on the material.

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M. Procedures for Interim Suspension Procedures from Campus or Residence Halls Only

1. A student may be suspended from the campus as a whole or from residence areas for an interim period pending disciplinary proceedings; such interim suspension to become effective immediately without prior notice whenever there is evidence that the continued presence of the student on the College campus may pose a substantial threat to herself/ himself, others in the College, or to the stability and/or continuance of normal College functions.
   
   
2. The Vice President for Student Affairs, the Dean of Students, Residence Life Staff, On-Call Administrators, and Tour Commanders in the Public Safety Department are generally authorized to impose Interim Suspensions. (See also procedures for immediate suspension from individual classes in Section N of this code).
   
   
3. If a student wishes to return to classes and/or residence on campus, he or she is required to make an appointment to appear personally before the Vice President for Student Affairs or his/her designee within five (5) business days from the effective date of the suspension. The purpose of this Interim Suspension appointment is to determine the following:
   1. The reliability of the information concerning the student's conduct, including the matter of his/her identity.
      
   2. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on the College campus likely poses a substantial threat to herself/himself, to others, or to the stability and/or continuance of normal College functions.
      
      A disciplinary proceeding will be scheduled at another time to hear the substantive issues involved. This follows the Interim Suspension appointment with the Vice President for Student Affairs or designee and employs the procedures outlined earlier. See also page 100 for the policy regarding "Involuntary Administrative Withdrawals for Students with Possible Mental Disorders." An Interim Suspension, in and of itself, does not become part of a student's permanent disciplinary record.

N. Interim Suspension from Class

If an instructor judges the behavior of a student interferes with his/her ability to conduct a class, the instructor may suspend the student for the remainder of that class session. The instructor may call Public Safety to escort the student out of class in the event the student refuses to leave. At the time of this Interim Suspension, the instructor will inform the student that a mediation conference among the student, instructor, and School's Dean will be scheduled before the next class session. If the problem is resolved in this mediation conference, the student will return to class. It is the student's responsibility to make up the work missed. If the mediation conference does not result in a mutually acceptable solution, the faculty member will file a formal charge against the student with the Judicial Affairs Office for violation of the Code of Conduct within two (2) business days of the conclusion of the mediation conference. (If no charge is filed, the student may return to class.) The student will remain suspended from class pending the outcome of the hearing on this charge. If the student is found not to have violated the Code, he/she will return to class and the student must make arrangements for missed work to be made up. If the student is found to have violated the Code, sanctions will be imposed in accordance with the Code of Conduct. If the student does not return to the class (as a sanction or by choice), a Withdrawal (W) will be administratively assigned for the course on the student’s transcript.

NOTE: If a faculty member judges the behavior of a student poses a danger to her/himself or others, the faculty member should seek assistance from the Public Safety Department. In such a case, an Interim Suspension from the College or from that class alone will be served on the student by the appropriate College official (see section M of this code for details). No mediation conference will be scheduled if this is the case.

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O. Sanctions

The following sanctions singly or in combination may be imposed for violations of disciplinary regulations. All result in written notifications being placed in the student's disciplinary file in the Judicial Affairs Office.

A student who fails to complete the terms of a campus judicial sanction by the given deadline will be placed on immediate "Suspension of Activities Privileges" and may have his/her re-registration for a subsequent semester postponed or terminated until all terms of the sanction have been completed. Notification of the "Suspension of Activities Privileges" status will be sent to appropriate College officials so they will know who may not participate in activities sponsored by their offices.

1. Official Warning: A written statement indicating a violation of the Conduct Code has occurred and warning that a subsequent violation will likely be treated more severely.
   
   
2. Residence Probation: A defined period of time whereby a student living in College residence facilities is given an opportunity to modify his/her behavior or risk losing the privilege of living on campus. Any subsequent violation of the Code, while in this status, will likely result in suspension of residence privileges. A student who is given this sanction will likely lose his/her on-campus housing selection priority.
   
   
3. Suspension of Activity Privileges: The student cannot be a member of a recognized or registered student organization, participate in organizations' regularly scheduled activities, serve as a representative of the College, or participate in intramural, club, or intercollegiate sports. Notification of this sanction/status will be sent to appropriate College officials so they will know who may not participate in activities sponsored by their offices.
   
   
4. Disciplinary Probation: A defined period of time whereby any registered student is given an opportunity to modify his/her behavior or risk losing student status. Any subsequent violation of the Code, while in this status, will likely result in suspension or expulsion from the College. A student who is given this sanction will likely lose his/her on-campus housing selection priority.
   
   
5. Loss of Campus Housing Selection Priority: For a stated period of time, the student will be permitted to participate in on-campus housing selection only after all other eligible currently housed students have participated or only after all students with a comparable number of earned credits have participated.
   
   
6. Suspension of Residence Privileges: The student’s privilege to live on campus and to visit the Residence Areas of the campus is suspended for a defined period of time. The student is not entitled to any refund of campus housing and/or meal plan fees once the standard refund periods have expired.
   
   
7. College Suspension: Beginning on the date the suspension takes effect, the student may no longer be a registered student, may not attend classes, nor receive grades for a specified period of time. In addition, the student may not be present on the campus nor at a College-sponsored event for any reason whatsoever for a specified period of time. The student is not entitled to a refund of any fees once the standard refund periods have passed.
   
   
8. Expulsion: Beginning on the date Expulsion takes effect, the student may never again be a registered student, may never attend classes, nor receive grades. In addition, the student may never be present on the campus nor at a College-sponsored event for any reason whatsoever. The student is not entitled to a refund of any fees after the published refund dates.
   
   
9. Other Sanctions*: Other sanctions may be imposed in addition to, or instead of, those described in #1 through #8 above. For example, fines or damage repair fees may be charged or students may have residence hall visitations, campus driving, or parking privileges limited or revoked. Essay or research projects may be assigned. Students may have community restitution projects assigned. Students who are found responsible for Code of Conduct violations which involve alcohol/drug abuse, or who otherwise engage in behavior associated with alcohol/drug abuse, may be required to attend educational programs intended to inform them about alcohol/drug use and abuse. There will be no refund of tuition, room, or board charges after the published deadlines if withdrawal from courses and/or campus residence is effected because of violations of the College Code of Conduct.

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Factors to be considered in deciding sanctions shall include present demeanor and past disciplinary record of the student, the nature of the offense, and severity of any damage, injury, or harm resulting from it as perceived by the victim and/or appropriate College officials. The (ab)use of alcohol shall be considered an aggravating rather than a mitigating factor. Violations of the Code of Conduct which can be proved to have been motivated by illegal bias will result in the imposition of more severe sanctions. Victims may submit written statements to the Judicial Affairs Officer detailing the effect the offense has had upon them and their ability to function as students.

Repeated or aggravated violations of any provisions of this Code may result in expulsion, suspension, or in the imposition of such lesser sanctions as may be appropriate.

Sanctions for group or organization misconduct may include revocation or denial of recognition or registration, de-funding, or the imposition of other appropriate sanctions.

Sanctions imposed as the result of a Judicial Board Hearing or a Disciplinary Conference may be put into hiatus (i.e., not put into effect) for a predetermined period of time by the Vice President for Student Affairs or his/her designee . The original sanction(s) may be re-imposed immediately upon a further finding of responsibility in a subsequent campus judicial proceeding at any level.

Records of disciplinary actions will be voided if the person charged is found not responsible for the charges. The files of a person found responsible for any violations may be retained as a disciplinary record for an indefinite period unless a time-defined limit is indicated in the letter of finding.

*Students should be aware that conviction in criminal court for certain controlled substance offenses including drug possession and/or sale may have them declared ineligible for Federal financial aid for a period of time. See the Financial Aid Office for details.

Under FERPA, violators of provisions of the conduct code relating to certain acts of violence and/or sexual offenses may have their names and disciplinary findings publicly revealed.

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P. Conduct Code Violations'

Effect upon Graduation A student found responsible for violations of the Code, which could have led to expulsion or suspension had s/he remained a registered student at the College and who has otherwise satisfied the College's published requirements for graduation, may have the awarding of his/her degree postponed to a future date or permanently withheld. A student whose graduation is postponed or permanently withheld may also be refused a copy of his/her official transcript and cannot have it sent to others during the period of his/her sanction. In cases where graduation is delayed due to pending charges, cases normally will be adjudicated within as short a period of time as is practicable. A graduating student found responsible for violations of the Code, which result in the imposition of a fine or restitution of money or goods valued in excess of $100.00, may be refused an official copy of his/her transcript and cannot have it sent to others while these charges remain on his/her college account.

Q. Registration "Holds" For Disciplinary Reasons

A student who fails to complete the terms of a campus judicial sanction by the given deadline may have his/her re-registration for a subsequent semester postponed or terminated until all terms of the sanction have been completed. This includes failure to complete mandatory "Checkpoint" referrals.

R. Appeals

Only disciplinary determinations by a Judicial Board or a decision in a Disciplinary Conference which suspends campus housing privileges may be appealed to the Vice President for Student Affairs by the student charged. A sanction for group or organization misconduct which revokes or denies recognition or registration may also be appealed to the Vice President for Student Affairs by the organization’s president or identifiable spokesperson. Appeals are not heard in person; instead all requests for appeal must be submitted in writing to the Vice President for Student Affairs Office within five (5) business days from the date on the letter notifying the person charged of the original decision. Failure to appeal within the allotted time will render the original decision final and conclusive. Appeals shall be decided upon the record of the original proceeding and upon the written appeal letter. If the Vice President finds grounds for a modification or reversal, then s/he may either dismiss the case, change the sanction, or remand the case to the original or another Judicial Board for review or rehearing. If the disciplinary determination was reached by an "Uncontested Admission of Violation" the only acceptable grounds for appeal will be #1 below.

Appeals shall be approved only on one or more of the following grounds:

1. If the sanctions are found to be significantly disproportionate to the offense.
   
   
2. If specified procedural error or errors in the interpretation of College regulations were so substantial as to effectively deny the person charged a fair hearing.
   
   
3. If new and significant evidence becomes available which could not have been discovered by a properly diligent person before or during the original hearing.
   
   
4. If the decision is held to be arbitrary and capricious. The imposition of sanctions is normally deferred during the appeal process although sanctions may go into effect immediately if the Vice President deems it necessary pending the appeal. The decision of the Vice President is final. There is no further appeal within the College.

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Alcohol and Other Drugs

Ramapo College of New Jersey is committed to providing a safe and healthy learning environment for all its members and one that maximizes the academic and social development of its students. The College believes that the health and safety of all its members, and especially the academic and social development of its students is negatively affected by the use of illegal drugs and the abuse and improper consumption of alcohol. It believes specifically that all students have the right to engage in academic and extracurricular activities without interference from others under the influence of alcohol and other drugs. In addition, unlawful and abusive use interferes with the mission of the College in its goals of teaching and learning and through the consequent costs due to crime, property damage, and risk management. The purpose for this Policy on Alcohol and Other Drugs is to define and communicate to all members of the College community acceptable and unacceptable behavior with regard to alcohol and other drugs and the sanctions for policy violations.

Alcohol Laws

As of January 1, 1983 New Jersey state law prohibited the sale, possession, or consumption of alcohol by individuals under 21 years of age. Ramapo College is a public institution governed by Federal, State, and local laws, and by College regulations. The College complies with municipal and other law enforcement authorities in enforcing these laws as stated below:

State of New Jersey

The purchase and consumption of alcohol is a right extended by the State of New Jersey. The legal age to purchase and consume alcoholic beverages in the State of New Jersey is twenty-one. (N.J.S.A. 9:17b-1)

A. Possession or Consumption of Alcoholic Beverages in Public Places by persons under legal age (N.J.S.A. 2C:33-15) – Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle is guilty of a disorderly persons offense and shall be fined not less than $500.

B. Purchase of Alcohol by/for the Underaged (N.J.S.A. 33:1-81) – An underaged person who purchases or attempts to purchase alcohol, or who misstates his/her age, or a person of legal age who purchases alcohol for an underaged person faces a conviction of a disorderly persons offense, which incurs a fine of not less than $500 and loss of license for six months. In addition, underaged persons may be required to participate in a state-sponsored alcohol education program.

C. Offering Alcoholic Beverages to Underage Person (N.J.S.A. 2C:33-17) – Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage is a disorderly person. This provision does not apply to certain close relatives, certain activities confined to the home, or if the consumption is part of a religious observance.

D. Transfer of ID (N.J.S.A. 33:1-81.7) – Someone who is underaged and uses another person’s ID card to obtain alcohol, or someone of legal age who gives his/her ID card to an underaged person so that s/he can obtain alcohol, faces a fine of up to $300 or up to 60 days in jail.

E. False ID (N.J.S.A. 2C:21-2.1 1d) – A person who knowingly possesses a document or other writing which falsely purports to be a driver’s license or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age or any other personal identifying information is guilty of a crime in the fourth degree.

F. Host/Hostess Liability – Under a 1984 New Jersey Supreme Court decision, Kelly vs. Gwinnell, a host or hostess who serves alcoholic beverages to a guest, knowing that the guest is intoxicated and will soon be driving, can be held liable for injuries inflicted on a third party if that guest is involved in a motor vehicle accident.

G. Driving While Intoxicated

1. Operating Motor Vehicles While Under the Influence of Intoxicants (N.J.S.A. 39:4-50)
   
   DEFINITION: A person is said to be legally drunk in New Jersey if his/her blood alcohol concentration is at or above .08%.
   
   PENALTIES: All persons convicted of DWI must pay an insurance surcharge of $1,000 per year for three years. In addition:
   1. For the first offense, there are additional fines and charges of at least $470 (bringing the total minimum charges for a first offense to $3,470); loss of license for 7-12 months; and a requirement to spend 12-48 hours in an Intoxicated Driver Resource Center. A first-time offender also faces a possible 30- day jail term.
      
   2. For a second offense, there are additional fines and charges of at least $720; loss of license for 2 years; a requirement to perform 30 days of community service and to spend 48 hours in an Intoxicated Driver Resource Center or jail. Also, there is a possible 90-day jail term.
      
   3. For a third offense, additional fines and charges of at least $1,220; loss of license for 10 years; and a 180-day jail term. The insurance surcharge for a third-time offender is $1,500 per year for three years. These fines and charges do not include court and legal fees.
      
      
2. Driving While License Is Suspended Due to DWI (N.J.S.A. 39.3- 40) – If a person is found driving while his/her license is suspended due to a conviction for Driving While Intoxicated, that person upon conviction again shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.
   
   
3. Refusal to Take the Breathalyzer Test (N.J.S.A. 39:4-50.4a) – Refusal to take the breathalyzer test where there is probable cause for arrest for DWI will result in a 6-month loss of license, a fine of $250-$500, and an obligation to satisfy the requirements of an alcohol education or rehabilitation program. A person can also be convicted of DWI without the results of a breathalyzer test. In that case, s/he will suffer all the additional fines and penalties specified for the DWI conviction.

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Township of Mahwah

A. No person shall consume, or offer to another for consumption, alcoholic beverages in, on, or upon any public street, road, alley, sidewalk, park, or playground or in, on, or upon any land or building owned or occupied by the Township, unless otherwise provided under this section. (3-10.1)a.

B. No person shall have in his possession or possess any alcoholic beverage in, on, or upon any public street, road, alley, sidewalk, park, or playground or in, on, or upon any land or building owned or occupied by the Township, unless the alcoholic beverage is in its original sealed container with original unbroken tax stamp or unless otherwise provided under this section. (3-10.1)b.

C. No licensee or employee of a licensee shall sell, serve, or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above-named persons. (6-4.6)

D. No licensee shall sell or serve alcoholic beverages to persons under the legal age. (6-5)

E. It is unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property. (6-8)

Alcohol at Campus Events

A. This policy applies to all members of the Ramapo College community and to those who rent space here and wish to sponsor events at which alcohol will be served or sold.

B. If alcohol is to be served and no money is to change hands, only a College Alcohol Permit and a copy of the policy must be obtained in the Office of Student Development (Scott Student Center, second floor). Sponsors must pick up signed permits in the Office of Student Development where event arrangements will be finalized.

C. If alcohol is to be sold, or where any transfer of money takes place, the sponsor of the event must secure a Special Permit for Social Affairs from the New Jersey Division of Alcoholic Beverage Control and a Ramapo College Alcohol Permit. The application for the ABC permit must be submitted at least two weeks before the event to the Trenton office, be accompanied by a fee, and have the signatures of authorized College and local officials. The final permit from the New Jersey Alcohol and Beverage Commission must be submitted to the Director of Student Activities at least 24 hours before the event. Details about how to apply for this permit are available in the Office of Student Development and from the Office of Events and Conferences.

D. Alcohol permits (College and/or N.J. Division of Alcoholic Beverage Control) and a copy of this policy must be prominently displayed at the bar where the alcohol is being dispensed/sold.

E. New Jersey State law requires that all advertising, tickets, etc., which contain references to the sale of alcohol include the permit number that will be issued.

F. Members of the Bartender’s Guild, a group of trained students, are required to oversee the process of proofing guests and serving/selling alcohol at events for which permits are obtained. The members of the Guild are to be paid by the sponsor at a specified hourly rate. Bartenders are allowed to serve only those wearing wristbands, and may request additional proof of age as they deem necessary. No bartender may serve anyone who appears intoxicated.

G. At events where students will be present or where those under the age of 21 are likely to be present, two proofs of identification (Ramapo College picture ID and either a driver’s license or passport containing a picture) will be required. In addition, students will be further identified through a computer print-out containing current students’ names, student identification numbers, and birthdates. Before obtaining wristbands, which authorize students to purchase/consume alcohol at the event, students must sign a statement attesting to the fact that they have read and understand the current College Alcohol Policy.

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H. In rare cases, where all guests at an event are going to be over the age of 21, the sponsor of the event may request an exemption from using the Bartender’s Guild to sell/dispense alcohol. This request must be made at the same time the permit application is completed. The response to the request will be made by the Director of Student Activities, after consulting with the Vice President for Student Affairs, the Dean of Students, or the Associate Dean of Students. If an exemption is granted, the sponsor must agree to carefully monitor the event to ensure all those who purchase or consume alcohol are of legal age and there is no excessive drinking or open drunkenness. In addition, the sponsor must agree to read and become familiar with information provided by the Office of Student Development at the time the permit is obtained relating to the monitoring of events at which alcohol is served or sold.

I. Guests who are not Ramapo College students and wish to attend a College event at which alcohol is to be dispensed/sold, must be hosted by a Ramapo student with a current valid College ID. The host must be present at the time the guest wishes to enter the event and understand that he/she will be responsible for the actions of the guest. Hosted guests must present two forms of identification, including one with a photograph and date of birth, and print and sign their names on the list at the entrance to the event. The Ramapo College host will be required to legibly sign the list next to the guest’s name.

J. At events for which alcohol permits have been obtained, the alcohol service area will be roped off or otherwise demarked from the general event area. Alcohol may not be removed from the roped off area.

K. College Public Safety Officers and/or Mahwah Police Officers, as well as members of the Bartender’s Guild, will monitor events to ensure proper procedures are followed.

L. Non-alcoholic beverages must also be served whenever alcohol is served/sold, and must be displayed as openly as the alcohol. Food must be served in adequate amounts when alcoholic beverages are served or sold.

M. Persons attending events at which alcohol is sold or served may not bring any alcohol to the event. The only alcohol to be consumed at a sanctioned event is to be sold/served by those charged with that responsibility. Students arriving intoxicated from drinking elsewhere will be barred.

N. No student activity fee money may be used for the purchase of alcoholic beverages.

O. Deliveries of alcoholic beverages to the campus may not be made by liquor stores or distributors unless specifically authorized by the President or his/her designee, the Vice President for Student Affairs, the Dean of Students, or the Associate Dean. Deliveries to the residence halls are prohibited.

P. No event for which an alcohol permit has been issued may include any kind of a "drinking contest" or "drinking game," or feature any inducements to consume excessive amounts of alcohol. Advertisements for events shall not make reference to the amount of alcohol to be available, nor promote alcohol as a prime feature.

Q. Public intoxication/drunkenness is not an acceptable condition for anyone on campus, whether the drinking which lead to it took place on or off campus. The identification of such persons at events for which permits have been issued will generally be made by members of the Bartender’s Guild and Ramapo College Public Safety Officers. A person in this condition may be asked to leave an event. If the person is a student, the student's family or emergency contact may be called to assist. Other guests may have a taxi called (at the intoxicated person’s expense) to take them to their permanent residence. Those who are intoxicated/drunk and whose behavior is disruptive, may have charges filed against them for violations of the College Code of Conduct (students) and/or the appropriate local or State statutes (students, employees and guests).

R. College-approved security and police personnel must be present at all events at which alcohol is served or sold.

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Alcohol in College Residence Halls (Living Units)

1. Alcohol is not permitted within Pine, Linden, Bischoff Hall, Mackin Hall, The Overlook or other designated "dry" living units. No one, regardless of age, is permitted to possess or consume alcohol in these areas.
   
   
2. At the time of an alcohol violation, all alcohol and containers will be confiscated and properly disposed of regardless of the age of the occupant or the designation of the living unit as "wet" or "dry."
   
   
3. Alcohol containers and paraphernalia, including, but not limited to empty cans, bottles and cartons, are not permitted as room decorations in any "dry" living unit. Alcohol containers and paraphernalia, including signs, are not permitted as window decorations in any living unit.
   
   
4. If a student is of legal drinking age, s/he may transport an alcoholic beverage as long as it is in its original closed container.
   
   
5. Kegs, beer balls and multi-quart containers of alcohol are prohibited in the residence areas at all times. No retail deliveries of alcohol are allowed to the residence areas.
   
   
6. Possession of grain alcohol is prohibited at all times.
   
   
7. Consumption of any form of alcohol in an open container, including but not limited to cups, cans, plastic containers or bottles, is prohibited outside a student’s living unit and/or any outside campus area.
   
   
8. Residents holding a gathering in their living unit where an alcohol violation is taking place will be considered the hosts. Hosts can be held responsible for injury or damage occurring to any person or property in which the consumption of alcohol was a contributing factor. Hosts will be subject to disciplinary action and may receive harsher sanctions.
   
   
9. Presence in any living unit (room, suite, or apartment) where an alcohol violation is taking place, even if not actually in possession of or consuming alcoholic beverages, will result in disciplinary action being taken.
   
   
10. Games or activities that encourage excessive drinking or the serving of alcohol that leads to the endangerment of an individual’s well being or to clear property damage will not be tolerated.
    
    
11. Consumption of alcohol to the point of intoxication, regardless of age, is prohibited. A person in this condition may be asked to leave the campus. If the person is a student, the student’s family or emergency contact may be called to assist. Other guests may have a taxi called (at the intoxicated person’s expense) to take them to their permanent residence.

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To help students understand what is and what is not permitted under the Alcohol in College Residence Halls Policy, the following interpretation is included:

Persons under the age of twenty-one MAY NOT:

• Be in possession of or in the presence of alcohol in any living unit.
• Permit persons to bring in or consume alcohol in their living unit.
• Carry opened or unopened alcoholic beverage containers any place on campus.
• Provide alcohol to any persons on campus.
• Possess alcohol displays made up of empty alcoholic beverage containers.

Persons twenty-one and older MAY NOT:

• Consume alcohol outside of a living unit (lobby, hallways, stairwells, grounds, etc.).
• Consume alcohol in a living unit which has no resident of legal age or in which the legal age resident is not present.
• Provide alcohol to others under the age of twenty-one.
• Charge in any way for alcohol consumption by others.
• Possess kegs, beer balls, or paraphernalia that promotes large consumption of alcohol.
• Permit underage persons to possess or be in the presence of alcohol in their room/apartment.
• Possess alcohol or alcohol displays within Pine, Linden, Bischoff Hall, Mackin Hall, The Overlook, or any other designated "dry" living units.

Persons twenty-one and older MAY:

• Consume alcohol in their living unit.
• Consume alcohol in another living unit if the host is twenty-one or older and is present.
• Carry unopened alcoholic beverage containers on campus (must be packaged and out of plain view).
• Provide alcohol in their living unit to others aged twenty-one or older.
• Possess alcohol displays made up of alcoholic beverage containers if all residents are over the age of twenty-one.

Please note:
Persons who are present, within College Housing, where alcohol is being consumed by those over or under the age of 21 will be presumed to have been drinking or in possession of alcohol if Public Safety, OCAs, RAs or CAs are called to the scene. This is because it is not possible to distinguish who is actually consuming or possessing alcohol on an individual basis where a number of persons are present and without the use of specialized testing equipment used to determine blood alcohol content. College staff are not qualified to operate such equipment.

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Minimum Recommended Sanctions For Alcohol Policy Violations:

1st violation – not less than $50 fine and attendance at 4 - 10 hour Checkpoint program and possible Parental Notification. (Refer to Parental Notification Policy on pages 58 – 59.)

2nd violation – not less than $100 fine, Parental Notification, attendance at 10 + hour Checkpoint program and Residence Probation and possible Suspension of Activities Privileges.

3rd violation – not less than $200 fine and 10 Community Restitution hours, Parental Notification, referral to CHCS for Substance Assessment and possible outside treatment, Disciplinary Probation, Suspension of Activities Privileges, loss of campus housing, and possible Suspension from College.

4th violation – Suspension from the College and Parental Notification. If a student’s consumption of alcohol resulted in serious danger to him/herself or others, the student will be referred to the Center for Health and Counseling for a mandatory individual assesment.

If at any time student’s consumption of alcohol resulted in a serious danger to him/herself or others, the student may be referred to the Center for Health and Counseling Services for a mandatory individual assesment. Distribution and/or the sale of alcohol to underage persons will be viewed as an aggravating factor in sanctioning. Other factors to be considered in deciding sanctions shall include present demeanor and past disciplinary record of the student, the nature of the offense, and severity of any damage, injury, or harm resulting from it as perceived by the victim and/or appropriate College officials.

Repeated or aggravated violations of any provisions of this Policy may result in expulsion, suspension, or in the imposition of such lesser sanctions as may be appropriate.

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Drug Policy

Violations of College rules and/or Federal, State, or local statutes related to the possession, use, or distribution of illegal drugs/substances are treated as very serious matters. Students found responsible through the College judicial system of possession, use, or distribution of illegal drugs/substances on campus or at College-related events can expect serious consequences including loss of privileges, suspension, or expulsion from the College. In certain cases, students’ receipt of financial aid will be negatively affected as called for by law.

College officials may inform local or other law enforcement authorities about suspected or known drug violations.

Drug Laws

Federal penalties and sanctions for illegal possession of a controlled substance:
A. 21 U.S.C. 844 (a)

1. First conviction: Up to one year imprisonment and fined at least $1,000.
   
   
2. After one prior drug conviction: At least 15 days in prison, not to exceed two years and fined at least $2,500.
   
   
3. After two or more prior drug convictions: At least 90 days in prison, not to exceed three years and fined at least $5,000.
   
   
4. Special sentencing provisions for possession of crack cocaine: Mandatory, at least five years in prison, not to exceed 20 years and fined up to $250,000, or both, if:
   
   1. First conviction and the amount of crack possessed exceeds 5 grams.
      
   2. Second crack conviction and the amount of crack possessed exceeds 3 grams.
      
   3. Third or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

B. 21 U.S.C. 853(a)(2) and 881(a)(7) – Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one year imprisonment.

C. 21 U.S.C. 881(a)(4) – Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.

D. 21 U.S.C. 844a – Civil fine of up to $10,000 (pending adoption of final regulations).

E. 21 U.S.C. 853a – Denial of Federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one year for first offense, up to five years for second and subsequent offenses.

F. 18 U.S.C. 922(g) – Ineligible to receive or purchase a firearm.

G. Miscellaneous – Revocation of certain Federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

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State of New Jersey – "Comprehensive Drug Reform Act of 1986"

A. Persons distributing, dispensing, or possessing with intent to distribute certain controlled dangerous substances more than 5 ounces in weight are guilty of "first degree" crimes and will receive sentences with mandatory minimum terms of parole ineligibility. Persons distributing, dispensing, or possessing with intent to distribute 1/2 ounce to 5 ounces are guilty of "second degree" crimes. Those doing so with less than 1/2 ounce are guilty of "third degree" crimes. These demarcations mean that very small amounts may subject a person to criminal penalties. Offenses for distribution may also be aggregated so that cumulative amounts are used to increase the severity of the penalties imposed.

B. Legal adults (i.e., those 18 or older) using persons under 18 to assist in a drug distribution network will receive a sentence of at least five years and a fine of five times the street value. Distributing or selling controlled substances to persons 17 or younger or to pregnant women will bring twice the usual penalties.

C. Anyone who manufactures, distributes, or dispenses drugs resulting in someone’s death will be held strictly liable and may even be charged with murder.

D. Those in possession of a controlled substance (State Schedules I, II, III, IV) or who are under the influence of such a substance without a valid prescription obtained from a doctor in the course of his/her professional practice may receive fines up to $35,000. Those possessing controlled substances (Schedule V) may receive a $15,000 fine. Possession of more than 50 grams of marijuana or more than 5 grams of hashish may receive a $25,000 fine. (Lesser drug amounts result in a disorderly persons offense and at least 100 hours of mandatory community service.)

E. Each person convicted, adjudicated delinquent, or placed in supervisory treatment for any drug offense will be fined. Fines are mandatory for specific offenses and range from $500 to $3,000. These monies will be used to fund programs to prevent drug abuse and are termed Mandatory Drug Enforcement and Demand Reduction Penalties.

F. Strict laws are in place regarding drug "analogs" or so-called "designer drugs" such as MDMA, known as "Ecstasy." Those caught with a halfounce to five ounces commit a second-degree offense, which carries a penalty of up to 10 years in prison.

G. Persons convicted of drug offenses will forfeit their drivers’ licenses for at least 6 months (maximum of 2 years). This includes those charged as disorderly persons for possession of small amounts of marijuana, etc.

H. Maximum potential fines for certain offenders are established on the basis of the street value of the drug involved. (These amounts can be very high.)

I. Some juveniles may be tried as adults.

J. A person who sells or gives to a person under 18 tobacco in any form, including smokeless tobacco, or cigarette papers will be punished by a fine for a petty disorderly persons offense.

K. A person commits a disorderly persons offense if the person inhales the fumes of any toxic chemical for the purpose of causing a condition of intoxication.

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Minimum Recommended Sanctions For Drug Policy Violations

Drug Possession
1st violation - not less than $200 fine and 20 Community Restitution hours, Parental Notification, formal drug assessment through Center for Health and Counseling Services, possible Suspension of Activities Privileges, possible loss of Campus Housing, and possible Suspension from College.

2nd violation - Parental Notification, Suspension from College, or possible Expulsion.

Distribution of Drugs (without intent of financial gain)
1st violation - Parental Notification, Suspension from College, or possible Expulsion.

2nd violation - Parental Notification and Expulsion.

Distribution of Drugs (with intent of financial gain)
1st violation - Parental Notification and Expulsion.
Factors to be considered in deciding sanctions shall include present demeanor and past disciplinary record of the student, the nature of the offense, and severity of any damage, injury, or harm resulting from it as perceived by the victim and/or appropriate College officials.

Repeated or aggravated violations of any provisions of this Policy may result in expulsion, suspension, or in the imposition of such lesser sanctions as may be appropriate.

Parental Notification for Student Violations of the Alcohol and Other Drugs Policy

Ramapo College’s Alcohol and Other Drugs Policy outlines the College’s position regarding the unauthorized possession, use or distribution of alcohol and controlled substances on campus. A 1998 amendment to The Family Education Rights and Privacy Act of 1974 authorizes higher education institutions to inform a parent or legal guardian of any student under age 21, who has been found in violation of any federal, state or local law or any rule or policy of the institution governing the use or possession of alcohol or controlled substances.

The Office of Judicial Affairs will notify parents/guardians of students under 21 years of age when a student is found responsible* for (1) a violation of the drug policy, (2) a second violation of the alcohol policy, and (3) on the first violation of the alcohol policy when one or more of the following occurs:

• the student demonstrates a reckless disregard for his or her personal safety or the safety of others;
• medical attention to any person, including the student, is required as a result of the student’s alcohol related behavior**;
• there is significant property damage;
• the student operates a motor vehicle under the influence of alcohol;
• the incident involves another serious violation of the Code of Conduct or New Jersey Law;
• the student’s alcohol-related behavior repeatedly negatively impacts the learning environment.

*Please note: Parental notification will only take place after all possible appeal processes have upheld the finding of responsible.

**In a situation where a student’s health or safety is/was seriously endangered every attempt will be made to notify the parent/guardian immediately.