TCNJ

of Student Conduct and who has not previously served as an investigator or administrator in the process for the parties involved. e administrator will hear information presented by any parties in a formal hearing setting, and render a decision and sanctions if appropriate. A formal board hearing is conducted within a practical period by a board of trained faculty, staff and/or students and is advised by the Director of Student Conduct or designee. e advisor does not vote nor participate in deliberations, but may answer questions regarding procedural standards, policy, or sanctioning practices. e board will hear information presented by any parties and render a decision and sanctions if appropriate. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in student conduct proceedings. A hearing administrator or board will determine whether the accused student is responsible for any charges. e hearing administrator or board's determination will be made on the basis of whether it is more likely than not that the accused student violated the Undergraduate Student Conduct Code or Graduate Student Conduct Code. Both the complaining party and the accused student are permitted to have an advisor of his or her choice present during any college proceeding, hearing, or meeting. An investigation and/or disposition should generally be completed within 60 days of the date the complaint is filed. Notification of Disposition and Appeal Procedures in a Student Disciplinary Proceeding Both the complaining party and the accused student will be sent notifications simultaneously in writing of the result of any institutional disciplinary proceeding (including appeal) that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking. Both the accused student and the student who filed a complaint resulting in a student being charged with a violation under Personal Abuse (see Section D.3. in the Undergraduate Student Conduct Code or Graduate Student Conduct Code) is afforded one single opportunity to appeal decisions and/or any sanctions issued by a hearing administrator or board within 5 business days of the date of written notification of the decision and/or relevant sanctions. e decision of the administrator reviewing the submitted appeal is final and conclusive. Possible Sanctions in a Student Disciplinary Proceeding A student found responsible for sexual penetration that occurs without the effective consent 2 of the victim, or that occurs when the victim is unable to give consent will be issued sanctions ranging from suspension to expulsion. Students found responsible for any intentional, non-consensual sexual contact with 16 2 Effective consent is defined as informed, freely, and actively given mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. A person may be unable to give effective consent when he or she is unable to consent due to his or her age, or because he or she is physically helpless, mentally incapacitated, or intoxicated from alcohol or other drugs.

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