When making copies of a work or displaying a work publicly, one shall obtain permission of the owner unless the copyright has expired, the work has no copyright protection, one has a license for the use of the work, or the copy or display falls within the guidelines for “fair use.”

Procedures

This policy governs the copying and use of print and non-print materials. Such materials can include print, computer print-out, computer software, and broadcast programming, for example. The purpose of this policy is to inform the Ramapo College Community of their obligations under the copyright law and the procedures employed to assure compliance with the law. All faculty, staff, students, visitors and guests shall adhere to this policy.

I. Copyright Defined

A copyright is a statutory property right to original works of authorship, including works of literature, art, dance, computer programs and certain other intellectual works (17 U.S.C. 101 et seq.) The statutory created right gives the owner of the copyright the exclusive right (and the right to authorize others) to reproduce the work, distribute copies or phone records of the work, perform the work publicly, display the work publicly, lend a work, prepare a derivative work based upon the original, transfer, rent or lease such work.

II. Works That Are Protected

A copyright protects original works of authorship that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrighted works include the following categories.

• literary works
• musical works, including any accompanying words
• dramatic works, including any accompanying music
• pantomimes and choreographic works
• pictorial, graphic, and sculptural works
• motion pictures and other audiovisual works
• sound recordings
• architectural works
• computer programs
• compilations

A copyright is automatically secured upon creation when it is fixed in copy or phone record for the first time. For works published after March 1, 1989, copyright notice is optional. For works created prior to March 1, 1989, other notice provisions apply; specifically, the owners cannot enforce their legal rights until the copyright is registered with the Copyright Office in Washington D.C. In all cases, however, registration provides certain advantages, including the ability to qualify for an award of attorney’s fees and substantial statutory damages. Copyright protection cannot be determined merely by looking at a work.

III. Permission to Use And/Or Copy a Copyrighted Work

When making copies of a work or displaying a work publicly, one shall obtain permission of the owner unless the copyright has expired, the work has no copyright protection, one has a license for the use of the work, or the copy or display falls within the guidelines for “fair use.”

The term “fair use” is in flux at the time of the College’s adoption of this policy; however, the College adopts the following guidelines to assure compliance with the law.

There is a limitation on an owner’s exclusive right to use a work. If the use of copyrighted material meets the statutory definition of “fair use” (17 U.S.C. Section 107), a protected work may be used without permission.

In determining whether the use made of a work falls within the definition of fair use one needs to consider:

• The purpose and character of the use-commercial versus educational.
• The nature of the copyrighted work.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
• The effect of the use upon the potential market for or value of the copyrighted work.

IV. Guidelines for “Fair Use” [1]

1. Print Media
   1. Single Copying For Faculty Members
      1. A chapter from a book;
      2. An article from a periodical or newspaper;
      3. A short story, short essay or short poem, whether or not from a collective work;
      4. A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper
   2. Multiple Copies For Classroom Use
      1. Multiple copies (should not exceed in any event more than one copy per student in a course) may be made by or for the faculty member Teaching the course for classroom use or discussion provided that:
      2. The copying meets the tests of brevity and spontaneity as defined below; and
      3. Meets the cumulative effect test as defined below; and
      4. Each copy includes a notice of copyright

V. The following definitions apply to the above guidelines

1. Brevity
   1. Poetry
      1. a complete poem if less than 250 words and if printed on not more than two pages or;
      2. From a larger poem, an excerpt of not more than 250 words.
   2. Prose
      1. either a complete article, story, or essay of less than 2,500 words, or
      2. an excerpt from any prose work of not more than 1000 words or 10% of the work, whichever is less, but in an event a minimum of 500 words.Each of the numerical limits stated in “i” and “ii” above may be expanded to permit the completion of an unfinished line of a poem or of an unfinished prose paragraph.
   3. Illustration
      One chart, graph, diagram, drawing, cartoon, or picture per book or per issue.
   4. “Special” works
      Certain works in poetry, prose or in “Poetic prose” which often combine language with illustrations and which are intended sometimes for children and at other times for a more general audience fall short of 2,500 words in their entirety. Paragraph “ii” above notwithstanding, such “special works” may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing not more than 10% of the words found in the text therefore, may be reproduced.
2. Spontaneity
   1. The copying is at the instanced and inspiration of the individual faculty member, and
   2. the inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a permission request.
3. Cumulative Effect
   1. The copying of the material is for use in only one course in the institution for which the copies are made.
   2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
   3. There shall not be more than nine instances of such multiple copying for one course during one class term. (The limitations stated in “ii” above shall not apply to current news periodicals and newspapers and current news section of other periodicals.)
4. Prohibitions
   1. Copying shall not be used to create, replace, or substitute for anthologies, compilations, or collective works. Such Replacement or substitution may occur whether copies of various works or excerpts there from are accumulated or are reproduced and used separately.
   2. There shall be no copying of or from works intended to be “consumable” in the course of study or of teaching. These include workbooks, exercises, standardized tests and test booklets and answer sheets and like consumable material.
   3. Copying shall not
      • Substitute for the purchase of books, publisher’s reprints, or periodicals;
      • be directed by higher authority;
      • be repeated with respect to the same item by the same faculty member from term to term.
   4. No charge will be made to the student beyond the actual cost of the photocopying.
   5. The Copy shall include the copyright notice which appears on the printed copy.
5. Non-print Media
   1. Broadcast Programming
      1. Permissible Uses
         1. The guidelines set forth below were developed to apply only to off-air recording for educational purposes.
         2. A broadcast program may be recorded off-air spontaneously with broadcast transmission (including simultaneous cable transmission) and retained by a nonprofit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after a date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. “Broadcast programs” are television programs transmitted by television stations for reception by the general public without charge.
         3. Off-air recordings may be used once by individual faculty members in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary. In classrooms and similar places devoted to instruction within a single building, cluster, or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive-school days in the forty-five (45) day calendar day retention period. “School days” are school session days not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions within the forty five (45) calendar day retention period.
         4. Off-air recordings may be made only at the request of, and by, individual faculty members, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same faculty member, regardless of the number of times the program may be broadcast.
         5. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of faculty members under these guidelines. Each such additional copy will be subject to all provisions governing the original recordings.
         6. After the first ten (10) consecutive school days, off-air recording may be used up to the end of the forty-five (45) calendar day retention period only for faculty member evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization. Off-air recordings need not be used in their entirety, but the recorded program may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
         7. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

[1] These Guidelines are taken from, Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions With Respect to Books and Periodicals. H.R. Rep No. 1476, 94th Cong., 2d Sess. 68 (1976).

Policy Statement

The Ramapo College Board of Trustees, as the final agency head, will adjudicate contested cases according to the procedures on controversies and disputes and in accord with State Law.

Reason for Policy

This policy sets forth procedures for the adjudication of contested cases by the Ramapo College Board of Trustees in accordance with the procedures on controversies and disputes and in accord with State Law.

To Whom Does the Policy Apply

All employees of the College

Related Documents

College Board of Trustees Bylaws

N.J.S.A. 18A:3B-6 – Powers and Duties of Governing Body

N.J.S.A. 18A:6-9 et seq.

N.J.S.A. 18A:6-18

N.J.S.A. 18A:60-1 et seq.

Contacts

General Counsel

 

 

Rules of Procedure in Controversies and Disputes

1. JURISDICTION

1.1 Pursuant to N.J.S.A. 18A:3B (f), the Board of Trustees shall have jurisdiction over all controversies and disputes concerning tenure, personnel matters of employees not classified under Title 11A of the New Jersey Statutes, and other issues arising under Title 18A of the New Jersey Statutes involving higher education.

2. DEFINITIONS

For purposes of these rules the following terms shall have the following meanings:

2.1 “Administrative Procedure Act” shall mean the “Administrative Procedure Act of the State of New Jersey,” N.J.S.A. 52:14B-1 et seq.

2.2 “Advocate” shall mean the Deputy Attorney General assigned by the Attorney General or other legal counsel providing legal representation to the College, its officers and employees, in connection with any controversy or dispute.

2.3 “Attorney General” shall mean the Attorney General of the State of New Jersey.

2.4 “Board” shall mean the Board of Trustees of Ramapo College of New Jersey.

2.5 “Board’s counsellor” shall mean the Deputy Attorney General assigned by the Attorney General or other legal counsel providing legal representation to the Board in its capacity as final agency decision maker.

2.6 “Contested case ” shall have the same meaning as the term “contested case” under the Administrative Procedure Act and the rules of the Office of Administrative Law promulgated pursuant thereto.

2.7 “Final College Decision maker” shall mean the President unless (a) the President has, either by a general delegation or on a case-by-case basis, delegated final decision making authority to a Vice President or other college official, in which event the “Final College Decision maker” shall mean such Vice President or other college official; or (b) the matter in dispute must, by statute, be determined by action of the Board, in which event the “Final College Decision maker” shall mean the Board.

2.8 “Initial Decision” shall mean the initial decision of the Office of Administrative Law rendered in accordance with the provisions of the Administrative Procedure Act and the rules of the Office of Administrative Law promulgated pursuant thereto.

2.9 “Judicial Committee” shall mean the committee designated by the Board in its by-laws as having the authority to make the determinations required by these rules on controversies and disputes or any matter relating thereto.

2.10 “Office of Administrative Law” shall mean the “Office of Administrative Law” created by the Administrative Procedure Act.

2.11 “President” shall mean the President of Ramapo College of New Jersey.

2.12 “Secretary” shall mean the Secretary of the Board of Trustees, provided however that whenever, under these rules, a paper is required to be filed with or served on the Secretary it shall be deemed filed or served when received at the office of the President.

3. COMMENCEMENT OF A CASE

3.1 Petition of Appeal
To initiate an appeal, controversy or dispute before the Board, an aggrieved party shall file with the Secretary a petition of appeal, and ten (10) copies, within forty-five (45) days after actual or constructive notice of the decision by the Final College Decision maker.

3.2 Format of Petition of Appeal
The petition of appeal shall include the following information set forth in separately numbered paragraphs:

3.2.1 name and address of the aggrieved party(ies),

3.2.2 name and affiliation of each party respondent,

3.2.3 statement of the essential facts giving rise to the dispute over which the Board has jurisdiction (each essential fact shall be set forth in separately numbered subparagraphs),

3.2.4 the citations, if known by the aggrieved party, of the section or sections of the higher education laws under which the controversy has arisen,

3.2.5 a statement that this is an appeal from a final decision of the Final College Decision maker,

3.2.6 when possible, the aggrieved party shall attach a copy of the decision of the Final College
Decision maker.

3.3 Filing
A petition of appeal shall be deemed filed when it has been received by the Secretary, at the office of the President, as indicated either by the date of receipt of certified mail or by the date stamp applied at the office of the President on the date of receipt.

3.4 Service
Within ten (10) days of filing, a petition of appeal shall be served, by personal delivery or by certified mail with return receipt requested, upon (a) the Final College Decision maker; (b) the President, if the President is not the Final College Decision maker, (c) any other party respondent and (d) the Attorney General or other legal counsel representing the Board and the College.

4. ANSWER

4.1 Filing and Service
Within twenty (20) days of service of a petition of appeal, all party respondents shall file with the Secretary an answer together with proof of service of a copy thereof upon the aggrieved party. Service may be effected by personal delivery or by certified mail, return receipt requested, addressed to the aggrieved party at the address stated in the petition of appeal.

4.2 Format of Answer
4.2.1 The answer shall specifically respond to the petition of appeal paragraph by paragraph. Each paragraph shall either be admitted, denied or contain a statement that the respondent lacks knowledge or information sufficient to form a belief as to such allegation. Allegations which are not denied shall be deemed to be admitted.

4.2.2 The answer shall also set forth separate defenses claimed by the respondent.

4.3 Extensions of Time
4.3.1 Prior to the time for the filing of the answer, the parties may mutually agree to extend the time for the filing of the answer for a period not to exceed thirty (30) days. Upon such an agreement, the respondent shall notify the Secretary, by means of written correspondence or electronic communication, of such agreement including the length of the extension.

4.3.2 If such an agreement is not possible, the Judicial Committee, upon written application of the respondent for good cause shown, may extend the time to answer for a period not to exceed thirty (30) days provided that a request for such extension has been filed with the Secretary at least three (3) days before the time for answer would have otherwise expired.

4.4 Failure to Answer
Upon failure of a respondent to answer within the answering period, the Judicial Committee may recommend and the Board may determine, upon application by the aggrieved party or on its own initiative, that the allegations contained in the petition of appeal are admitted or uncontested and render an appropriate order disposing of the matter.

5. AMENDMENTS

5.1 Petition of Appeal
A petition of appeal may be amended only with approval of the Judicial Committee.

5.2 Answer
An answer may be amended only with approval of the Judicial Committee except when filed in response to an amended petition of appeal.

6. INITIAL REVIEW OF FILING BY THE JUDICIAL COMMITTEE

6.1 Initial Review
Within twenty (20) days of the filing of all pleadings the Judicial Committee shall meet and determine (a) whether the Board has jurisdiction of the matter and (b) whether the pleadings present a contested case. If the Judicial Committee determines that the Board has jurisdiction and that a contested case is presented, the matter shall be referred to the Office of Administrative Law in accordance with Rule 8. If the Judicial Committee determines that the Board lacks jurisdiction or that a contested case has not been presented, the Judicial Committee shall refer the matter to the Board for appropriate action and may, in connection therewith, make a recommendation as to such action.

6.2 Consultation
The Judicial Committee may seek legal assistance from the Board’s counsellor in making determinations under Rule 6.1 and, in such event, the time for a determination by the Judicial Committee shall be extended for a period, not to exceed five (5) days, for the purpose of allowing such advice.

6.3 Notice of Filing
The Secretary shall give notice of any such Judicial Committee findings under Rule 6.1 to the Board, the aggrieved party, the respondents, the President and the Attorney General/other legal counsel representing the Board and the College.

6.4 Opposition
Any party aggrieved by a finding of the Judicial Committee that the Board does not have jurisdiction or that a contested case has not been presented, shall have the right, within ten (10) days of notice of such finding, to file with the Secretary a notice of opposition and brief or supporting documentation for consideration by the Board.

6.5 Board Review
Within sixty (60) days of a notice that the Judicial Committee has recommended that the Board does not have jurisdiction or that a contested case has not been presented, the Board shall determine the action to be taken. If any person has filed a notice of opposition and brief under Rule 6.4, all parties to the matter shall have the right to reasonable notice of the date upon which the matter will be acted on by the Board.

7. REFERRAL TO OFFICE OF ADMINISTRATIVE LAW

7.1 Certification by Secretary
Upon a determination by the Judicial Committee or the Board that a matter is a contested case, the Secretary shall make the transmission to the Office of Administrative Law.

7.2 Proceedings
After such transmission and certification, the matter shall proceed thereafter in accordance with the Rules of the Office of Administrative Law.

8. APPEAL OF INTERLOCUTORY RULINGS

8.1 Application f or Interlocutory Review
Subsequent to transmittal to the Office of Administrative Law, if any party makes an application for interlocutory review, the application shall be filed with the Secretary, who shall transmit all papers thereon to the Judicial Committee immediately following such request.

8.2 Judicial Committee Review of Application
Within ten (10) days of the request for interlocutory review, the Judicial Committee shall determine whether the matter will be reviewed and if so, issue a decision on whether to accept the request for interlocutory review.

8.3 Failure of the Judicial Committee to Act
If the Judicial Committee does not determine to review a matter within ten (10) days of the request for interlocutory review, the request shall be deemed denied.

8.4 Notice
Within ten (10) days of the request for interlocutory review , the Secretary shall give notice to the parties, the President, the Board and the Clerk of the Office of Administrative Law as to the determination of the Judicial Committee or the Judicial Committee’s failure to act. Informal communication by telephone or in person to the parties or their representatives and to the Clerk of the Office of Administrative Law within the ten (10) day period will satisfy this notice requirement, provided that a written communication or order shall promptly follow.

8.5 Proceedings when Interlocutory Review is Granted
8.5.1 Within three (3) days of receiving notice that interlocutory review has been granted, the party opposing interlocutory review may file with the Secretary written arguments in support of the order or ruling being reviewed. A copy shall be served upon the party requesting review.

8.5.2 Within twenty (20) days of receipt of the request for interlocutory review, the Judicial Committee, if it has elected to review the matter, shall issue a decision, order or other disposition and such shall be deemed to be the action of the Board unless the Board, within ten (10) days of notice, determines that it will reverse the action of the Judicial Committee.

8.5.3 The time period for such decision, order or other disposition may be extended only if approved by the Judicial Committee and the Director of the Office of Administrative Law.

8.6 Effect
Except for those rulings which, by the Rules of the Office of Administrative Law are mandatory subjects of an application for interlocutory review, any ruling made by the Judicial Committee on any application to it for interlocutory review may be reviewed further by the Board after the Initial Decision of the Administrative Law Judge even if the Judicial Committee declined to review it or an application for interlocutory review was made but not considered by the Judicial Committee in a timely manner.

9. FINAL DECISIONS

9.1 Transmission of Initial Decision
Upon receipt of an Initial Decision from the Office of Administrative Law, the Secretary shall send a copy of the decision to all members of the Board and shall, in addition, send a copy of the record to the Judicial Committee.

9.2 Exceptions and Replies
If exceptions or replies are filed pursuant to N.J.A.C. 1:1-18.4, the Secretary shall promptly forward a copy of all such exceptions and replies to the Board.

9.3 Recommendation of the Judicial Committee
Within thirty (30) days of receipt of the Initial Decision, or sooner if mandated by federal or State law, the Judicial Committee shall recommend to the Board whether an order or a final decision should be entered adopting, rejecting or modifying the Initial Decision. If the Judicial Committee determines that issues or arguments were not previously raised or were incompletely considered, the Judicial Committee may recommend that the Board remand the matter to the Office of Administrative Law.

9.4 Motions to Reopen the Hearing
If, after the Initial Decision, a motion is made by any party to reopen the hearing, the matter shall be referred to the Judicial Committee for a recommendation to be made within thirty (30) days of receipt of the Initial Decision.

9.5 Full Board Action
Within forty-five (45) days after the receipt of an Initial Decision, or sooner if mandated by Federal or State law the Board may enter an order or final decision adopting, rejecting or modifying the Initial Decision. Any order or final decision rejecting or modifying the Initial Decision shall specify in clear and sufficient detail the nature of the rejection or modification, the reasons for it, the specific evidence in the record and/or interpretation of law on which it is based and the resulting changes or modifications to the disposition. An order or final decision rejecting or modifying the findings of fact in the Initial Decision shall be based upon substantial evidence in the record.

9.6 Effect of Failure of Board to Act
If the Board does not reject or modify the Initial Decision within forty-five (45) days of receipt thereof and, unless the period is extended pursuant to N.J.A.C. 1:1-18.8, the Initial Decision shall become the final decision of the Board.

9.7 Application for a Stay of the Final Decision
Any application by a party for a stay of the final decision shall be filed with the Secretary with copies served on all other parties and, within ten (10) days of the filing thereof, shall be determined by the Judicial Committee. Any party opposing an application for a stay shall file any opposing papers prior to the determination of the Judicial Committee. The determination of the Judicial Committee which the Secretary shall file with the Board shall be deemed to be the action of the Board unless the Board, within ten (10) days of notice, determines that it will reverse the action of the Judicial Committee.

9.8 Extensions of Time
9.8.1 For Exceptions or Replies. Requests to extend the time limit f or exceptions and replies shall be submitted in writing with a proposed form of extension order to the Secretary who shall transmit the same to the Judicial Committee who shall make a determination thereon within ten (10) days of filing. The action of the Judicial Committee on any such request shall be deemed to be that of the Board and the Secretary shall sign and issue an order and cause it to be served upon all parties and the Director of the Office of Administrative Law. If the extended time limit necessitates an extension of the deadline for final decision, the Judicial Committee shall submit an application therefore in accordance with these Rules and N.J.A.C. 1:1-18.8.

9.8.2 For the Final Decision. For good cause, the Judicial Committee or the Board may request an extension of the time for issuing the final decision. Such request shall be made to the Office of Administrative Law no later than the day on which the time period for the final decision is to expire.

10. SETTLEMENT

10.1 Proposals for Settlement
When the parties wish to settle a matter, the Advocate shall report the full settlement terms to the Judicial Committee and the Judicial Committee may consult with the Advocate with respect to the desirability thereof. In the event the Judicial Committee recommends a settlement, such recommendation shall not be binding upon the Board until the full Board has approved the settlement.

10.2 Action on Settlement
All settlements agreed to by the parties shall be incorporated into an Initial Decision by the  Office of Administrative Law.

11. MISCELLANEOUS

11.1 Construction
These Rules shall be construed to achieve just results, simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

11.2 Relaxation
Except for rules relating to the burden of proof, statutory procedural requirements, or requirements of the Office of Administrative Law that may not, by their terms, be relaxed or disregarded, the Judicial Committee or the Board may relax or disregard any provision of these Rules if the Judicial Committee or the Board determines that adherence would result in unfairness or injustice.

11.3 Computation of Time
In computing any period of time fixed by these Rules, the day of the act or event from which the designated period begins to run is not be included. The last day of a period so computed is to be included unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor legal holiday. In computing a period of time less than seven days, Saturday, Sunday and legal holidays shall be excluded.

11.4 Conflict with Statutes or Rules of the Off ice of Administrative Law
If any provision of these Rules conflicts with any statute or rule of the Office of Administrative Law , such statute or rule shall control and these rules shall be construed as nearly as may be practicable to comply with such statute or rules.

Related Resources

Ramapo College Board of Trustees Bylaws

N.J.S.A. 18A:3B-6 – Powers and Duties of Governing Body

N.J.S.A. 18A:6-9 et seq.

N.J.S.A. 18A:6-18

N.J.S.A. 18A:60-1 et seq.

Policy

Officers and senior administrators (as those terms are defined in Board of Trustees Policy 202—Appointment of College Employees through the President’s Authority) may be employed “at will” or on terms of up to two years in duration. Managers with a job classification lower then senior administrator are employed “at will.”

Reason for Policy

This policy replaces the language in Policy 449: Contracts for Managerial Employees/Initial Appointment and Multi-year and updates the employment relationship between the College, its officers, senior administrators, and managers. The revised policy (a) eliminates the annual reappointment process, (b) converts managers and certain senior administrators to “at will” employment, (c) adjusts the current College practice of providing officers and certain senior administrators with employment arrangements of up to two years, and (d) add an “at will” employment alternative for officers and senior administrators.

To Whom Does the Policy Apply

Officers, senior administrators, managers

Related Documents

Board of Trustees Policy 202—Appointment of College Employees through the President’s General Authority

Contacts

Director of Human Resources
(201) 684-7506

Policy

Policies serve to establish fundamental principles as a basis for action by members of the community. The College has procedures for creating, revising, rescinding, and publishing official campus policies and procedures.

College policies are needed to administer the College and its various units in accordance with applicable law and regulation, reasonable administrative practice, and the delegation of authority. These policies are generally accompanied by procedures and related supplemental resources for managing the College. The scope of the College’s policies is wide, ranging from the entire college to individual schools or units.

Reason for Policy

Sets forth the policy, procedures and regulations for managing the College’s operations.

To Whom Does the Policy Apply

All members of Ramapo College

Related Documents

Procedure 223: College Policies

Contacts

Office of the President
(201) 684-7609

Date Adopted: April 5, 2005
Date Revised: October 13, 2009, September 2013, December 2016, September 27, 2021, April 2023*

*Non-substantive amendments

Background 

Policies consist of the policy statement, which is broad and overarching.

Policies are accompanied by procedures, which are rules, protocols, directives and guidelines that help operationalize the policy as part of the implementation process.

This procedure describes the process for creating, reviewing, revising, rescinding, and publishing official campus policies and procedures.

Policy Library

The College’s Web-based Policy Library is the official source for policies approved by the College’s Board of Trustees, the President’s Senior Leadership Team, and/or Core Vice Presidents for the College’s operations. If an academic, administrative, and/or unit policy is inconsistent with an approved Board of Trustees policy, the Board policy will prevail. The maintenance and management of the Policy Library is the responsibility of the Policy Committee. Questions about the process for developing policies and updating procedures should be emailed to policies@ramapo.edu.

Policy Approval Authority

Depending upon its scope, a policy may be approved by the:
● Board of Trustees;
● President/Senior Leadership Team;
● Provost; or
● Core Vice President

Policy Classification

Policies are organized according to the area responsible for overseeing the policy. The numerical classification for each policy denotes the area with primary responsibility for the maintenance and review, not the approval, of the policy:

● 200: Board of Trustees
● 300: Teaching, Learning, and Growth
● 400: Administration, Fiscal Health
● 500: Enrollment Management, Student Well-being
● 600: President/Senior Leadership Team
● 700: Institutional Advancement

Roles in the Policy Process

Board of Trustees
● Upon the recommendation of a standing Board Committee, approves reviews, revises, and rescinds policy statements which denote Board of Trustees approval authority in accordance with applicable New Jersey laws and Bylaws of the Board.

● Policies considered by the Board of Trustees are identified and acted upon by the Board.

President/Senior Leadership Team
● Following identification by the Board of Trustees, recommends to the Board of Trustees standing committees, as appropriate, the establishment, review, revision, or rescission of policy statements which denote Board Approval Authority

● Approves the review and revision of procedures which may accompany policy statements which denote Board Approval authority.

● Approves, reviews, revises and rescinds policies which denote President/Senior Leadership Team authority.

● Receives certain policies from the Provost after they are reviewed and endorsed by the Academic Policy Council.

Responsible Executive
● Identifies a need to establish, review, revise, or recommend for rescission policies under their purview.

● Designates the Responsible Unit to lead the drafting or revision process, and notifies the College Policy Committee that said policy is under development or review.

● Receives public comment on the policy for consideration and, in consultation with the Policy Committee,  may choose to acknowledge, adapt, explore or disregard public comments.

● Reviews and approves the Responsible Unit’s draft and sends it to the College Policy Committee for further review.

Responsible Unit
● Reviews unit procedures and practices periodically to determine if they correspond with policy.

● Drafts the initial policy utilizing the policy template and/or advances draft revisions or recommendations for rescission of existing policy to Responsible Executive.

● Coordinates initial stakeholder review and input as appropriate.

Note: Policies that primarily address academic procedures and regulations are first established, reviewed, revised, or recommended for rescission by the Academic Policy Council, are then approved by the Provost, and are then provided to the President/Senior Leadership Team as an information item.

College Policy Committee
● Assists Responsible Executives with the establishment, review, revision, and rescission of policies and procedures.

● Serves as the penultimate stage of review prior to advancing a policy to the approval authority.

● Assigns policy category and policy numbers.

● Fosters a cyclical review of policies and procedures.

● Notifies College constituents and solicits comment on policies under review, new, revised, and rescinded policies (those that require Board or President/Senior Leadership Team approval only); shares public comment with the Responsible Executive and consults on next steps.

Faculty Assembly
● Advances to the Responsible Executive proposals for establishing, reviewing, revising, and/or rescinding policies.

Ramapo Staff Association
● Advances to the Responsible Executive proposals for establishing, reviewing, revising, and/or rescinding policies.

Student Government Association
● Advances to the Responsible Executive proposals for establishing, reviewing, revising, and/or rescinding policies.

Policy Maintenance

All policies shall be reviewed periodically (every three to five years) by the responsible unit to determine if procedures and practices correspond with policy and with current regulations. If changes in practices or procedures have occurred, then the responsible unit, in partnership with the Responsible Executive, shall advance revisions as described above.

Notification

To the extent practicable, employees will normally be notified of new, revised, or rescinded policies through official College communication channels. The College reserves the right to add, amend, or revoke any policies, procedures, rules, and regulations or incorporate additional ones, with or without notice, as circumstances or the good of the College may require.

Policy/Procedure Format
Policies and procedures are written utilizing a template, described below, to provide information in a consistent format.
The following format is in place to ensure uniformity and consistency in appearance when developing policies:
● Use Arial font, 10pt or 11pt.; bold font for headers; and regular font for the body

Ramapo College Policy Template (pdf)

Ramapo College Procedure Template (pdf)

Policy

Ramapo College of New Jersey is committed to preparing and implementing fair, accurate and complete financial policies, reports and materials, as well as, maintaining the internal controls essential to support its financial and accounting systems. This Policy and procedure provides an avenue for employees, students, vendors, volunteers and any other persons who suspect fraud, abuse or misuse of College resources, dishonest actions, suspects a conflict of interest or any other behavior that violates College policies, laws and regulations to be reported to the College. The action of coming forward and stating one’s concerns is known as “whistle blowing” and is encouraged by the College. A report of a violation should reflect a real or legitimate concern.

Reason for Policy

Implementation of this Policy, will aid the College in achieving its stated goal of compliance with all College policies, procedures applicable State and Federal laws, regulations, and applicable accounting standards, controls and audit practices.

To Whom Does The Policy Apply

All members of the community

Related Documents

None

Contacts

Patricia Chavez, Director of Internal Audit
Phone: (201) 684-7622

Purpose

Ramapo College of New Jersey is committed to preparing and implementing fair, accurate and complete financial policies, reports and materials, as well as maintaining the internal controls essential to support its financial and accounting systems. The Audit Committee of the Board of Trustees has established the following procedures for reporting, receipt, retention and treatment of confidential complaints regarding irregularities in accounting, internal accounting controls, auditing matters, federal, state and local laws and regulations, and College policy and procedures.

These procedures describes the process for employees, students, vendors, volunteers and any other persons to submit good faith reports, letters and/or e-mails setting forth complaints or concerns regarding accounting, auditing or internal control issues, violations of College policies, problems with College management or other matters related to the College. The action of coming forward and stating one’s concerns is known as “whistle blowing” and is encouraged by the College.

Implementation of this Policy will aid the College in achieving its stated goal of compliance with all College policies, procedures, applicable State and Federal laws, regulations, and applicable accounting standards, controls and audit practices. This Policy is subject to the direct oversight of the Audit Committee of the Board of Trustees in carrying out its responsibilities under the Audit Committee Charter.

Scope of Matters Covered by These Procedures

Accounting Matters

• These procedures pertain to complaints relating to any accounting, internal controls or auditing matters, including, without limitation, the following:
• Actual, alleged or suspected fraud or deliberate error in the preparation, evaluation, review or audit of any financial statement of the College;
• Actual, alleged or suspected fraud or deliberate error in the recording and maintaining of financial records of the College;
• Actual, alleged or suspected fraud or deliberate misapplication of generally accepted accounting principles;
• Actual, alleged or suspected deficiencies in or noncompliance with the College’s internal accounting controls;
• Actual, alleged or suspected misrepresentation of a fact or the making of a false statement to or by a senior officer, accountant or other employee regarding a matter contained in the financial records, financial reports or audit reports of the College;
• Actual, alleged or suspected deviation from full and fair reporting of the College’s financial condition.
• Actual, alleged or suspected retaliation of anyone who in good faith makes a complaint.

Other

These procedures also relate to reports of violations pertaining to:

• Applicable state and federal laws, rules and regulations;
• College Codes of Conduct and Ethics;
• Any other code, policy, or procedures established by the College.

Procedures for Making Reports

In addition to any other avenue available to an employee, any employee may report to the Audit Committee openly, confidentially, or anonymously any accounting or legal allegation or report of a retaliatory act orally or in writing to:

• Name: Patricia Chavez, Director of Internal Audit
• Address: 505 Ramapo Valley Road Room: M-208 Mahwah, NJ 07430
• Phone: (201) 684-7622
• Fax: (201) 684-7960
• Email: whistleblower@ramapo.edu

The Audit Committee encourages filers to provide their identity to assist in any investigation.

Any officer or employee of the College who receives a report of actual or alleged wrongdoing which is or may constitute a complaint should forward the report to the internal auditor (respecting, where appropriate, the confidential circumstances under which the report was made.)

The internal auditor shall report all complaints to the Audit Committee at the next regularly scheduled meeting of the Audit Committee in accordance with the procedures set forth in this Policy. However, in the event that a complaint is, in the judgment of the internal auditor, of a significant nature or could require action prior to the next regularly scheduled meeting of the Audit Committee, the internal auditor shall inform the Audit Committee as soon as practicable. In assessing whether a complaint warrants immediate action, the internal auditor may consult with the co-chairs or other members of the Audit Committee, other officers of the College, and other counsel.

Content of Complaints

To assist the College in the response to or investigation of a complaint, the complaint should contain as much specific, factual information as possible to allow for proper assessment of the nature, extent and urgency of the matter that is the subject of the complaint, including, without limitation and to the extent possible, the following information:

• The alleged event, matter or issue that is the subject of the complaint;
• The name of each person involved;
• If the complaint involves a specific event or events, the approximate date and location of each event;
• Any additional information, documentation or other evidence available to support the complaint.

Responsibilities of Audit Committee with Respect to Complaint Reports

Upon receipt of a complaint or concern, the Audit Committee will acknowledge to the sender receipt of the complaint.

Each complaint will be reviewed and investigated by the internal auditor and/or such other persons as the Audit Committee determines to be appropriate, under the Audit Committee’s direct review, direction and oversight.

The Audit Committee shall have the authority to retain legal or accounting expertise in any investigation as it deems necessary to conduct the investigation in accordance with its charter and this Policy.

If, as a result of the Audit Committee’s investigation it determines that a complaint raised is substantiated, the Audit Committee shall report its findings to the Board of Trustees of the College and shall take and cause the College to take any and all necessary or appropriate remedial and corrective actions. Such actions may include disciplinary actions, up to and including dismissal, against employees of the College.

The Audit Committee will determine the appropriate violation reports to be made to the College’s external independent auditor, the relevant regulatory authorities, and/or law enforcement agencies.

After an investigation is completed, the Audit Committee will send notification to the complainant.

Confidentiality / Anonymity

The Audit Committee shall not, unless compelled by judicial or other legal process, reveal the identity of any person who makes a complaint or reports a retaliatory act and who asks that his or her identity as the person who made such complaint or report remain confidential and shall not make any effort, or tolerate any effort made by any other person or group, to ascertain the identity of any person who makes a report. The identity of other persons subject to or participating in any inquiry or investigation relating to a complaint shall be maintained in confidence subject to the same limitations.

Prohibition and Protections from Retaliation

The Audit Committee shall not tolerate any retaliation by management or any other person or group, directly or indirectly, against anyone who, in good faith, makes a complaint, reports a retaliatory act or provides assistance to the Audit Committee, management or any other person or group, including any governmental, regulatory or law enforcement body, investigating a report.

The College will not discharge, demote, suspend, threaten, harass or in any manner retaliate or discriminate against any employee in the terms and conditions of employment based upon any lawful actions of such employee with respect to good faith reporting of complaints. The College is committed to achieving compliance with all policies and procedures, applicable laws and regulations, accounting standards, accounting controls and audit practices.

Any employee who believes he or she has been subjected to or affected by a retaliatory conduct for reporting suspected unlawful activity, or for refusing to engage in activity that would result in a violation of law, should report such conduct to the appropriate supervisory personnel (if such supervisory personnel is not the source of or otherwise involved in the retaliatory conduct). Any supervisory employee who receives such a report, or who otherwise is aware of retaliatory conduct, is required to advise the internal auditor or a member of the Audit Committee, of such report or knowledge of retaliatory conduct.

All internal complaints will be investigated promptly and with discretion, and all information obtained will be handled on a “need to know” basis. At the conclusion of an investigation, as appropriate, remedial and/or disciplinary action will be taken where the allegations are verified and/or otherwise substantiated.

Reporting and Retention of Complaint and Investigation Records

The internal auditor, as designated by the Audit Committee, will maintain a log of all complaints tracking their receipt, investigation and resolution, and shall prepare a periodic summary thereof for the Audit Committee.

All records of the Audit Committee and advisors it utilizes in connection with its investigation and response to a compliant shall be delivered to the internal auditor for retention in accordance with the College document retention policies and procedures (or, if delivery of the records to the internal auditor would, in the judgment of the Audit Committee, be inappropriate, the Audit Committee secretary shall maintain them in accordance with the College document retention policies, procedures and practices).

Policy Administration

The Audit Committee will be responsible for the administration of this Policy, including any updates which may be necessary or appropriate.

Compliance with the Policy

The College will deliver a copy of this Policy to all current employees promptly after the adoption of this Policy and will deliver a copy of this Policy to new employees on or prior to their start of employment. In addition, a link to the current version of this Policy will be maintained on the College’s website. All employees must follow the procedures outlined herein and cooperate with any investigation initiated pursuant to this Policy. Adhering to this Policy is a condition of employment. The College must have the opportunity to investigate and remedy any alleged violations of this Policy or employee concerns, and each employee must ensure that the College has an opportunity to undertake such an investigation. This Policy does not constitute a contract of employment or change the at-will status of any employee.