Student Conduct

The Director of Student Conduct acts on behalf of the Office of the Dean of Students and works closely with the Department of Residential Education and Services on issues of University policy, community standards, and student discipline. The Director and the Office of the Dean of Students, address academic and non-academic violations.

Orientation Information

Below are links to presentations made at the 2013 New Student Orientation events:

Contact

Please contact Jerry Collins with any questions you have about the discipline process, filing a complaint, University policies, or the role of student conduct in campus life and student development.

Jerry Collins
Director of Student Conduct
Office of the Dean of Students
Student Center, Room 400
collinsje@mail.montclair.edu
973-655-6981 (Phone)
973-655-7656 (Fax)

C. Computer Misuse        
Minimum sanction: Probation; Maximum sanction: Expulsion.

  1. A student will be found responsible for the misuse of computers who uses any information technology to materially disrupt University operations or to substantially interfere with the right of other members of the University community to secure access and use of University facilities and services. Computer misuse includes, but is not limited to, hardware theft or fraud, duplicating copyrighted software, unauthorized use, the subverting of restrictions, plagiarizing class programs, invasion of privacy rights, and unlawful use of the Internet. Unlawful downloading of music, movies, or other copyrighted material is expressly prohibited, as is the illegal file sharing of such material. A student may be found responsible for computer misuse who uses University computing facilities and information technology services, such as a student e-mail account, when violating other provisions of the Student Code of Conduct. This also includes any violation of University Information Technology policies.
  2. A student who photographs, films, videotapes, records or otherwise reproduces in any manner, or discloses the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without said person’s consent, and under circumstances in which a reasonable person would not expect to be observed will also be found responsible for electronic invasion of privacy.

D. Dating, Relationship or Sexual Misconduct 
Minimum sanction:  Probation; Maximum sanction: Expulsion.

The University is committed to protecting the health and safety of students and to implementing the New Jersey Campus Sexual Assault Victim's Bill of Rights Act and the Federal Violence Against Women Act, by prohibiting threats, intimidation, coercion, assault, abuse and violence in dating, interpersonal and sexual relationships. This policy is gender neutral recognizing that both men and women can be victims or perpetrators of dating, relationship or sexual misconduct.  The University will assist the victim in reporting any sexual misconduct to law enforcement authorities.  Victims of sexual assault will have the right to interim and supportive measures following an allegation of Dating, Relationship or Sexual Misconduct, or Violence including but not limited to, a No Contact Order and/or changing his/her academic and living situation if such options are reasonably available.  For additional resources, please refer to montclair.edu/montclair-state-university-police-department/jeanne-clery-act/.

The University will identify and implement such interim measures to protect the complainant before the final outcome of an investigation involving Dating, Relationship or Sexual Misconduct or Violence, and to ensure equal access to its education programs and activities The University will undertake these measures promptly once it has received notice of an allegation of Dating, Relationship or Sexual Misconduct or Violence. Interim measures may include, but not be limited to, a No Contact Order, or permitting complainant to change academic and extracurricular activities or his or her living, transportation, dining, and working situation as appropriate. The University may impose the same or additional protective measures after a final determination of the Dating, Relationship or Sexual Misconduct or Violence charges.     

  1. Sexual Misconduct. A student is responsible for sexual misconduct when the student engages in a sexual act without the Consent of the other participant(s). Sexual misconduct includes Stalking, Sexual Assault, and any other sexual contact, intercourse and/or penetration without a person’s Consent.  

    Sexual Misconduct also occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s Consent, and includes but is not limited to, prostituting another person; recording images or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s Consent; distributing images or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not Consent to such disclosure and objects to such disclosure; and viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s Consent, and for the purpose of arousing or gratifying sexual desire.. 

  2. Dating or relationship misconduct. It shall be a violation of this Code for a student to engage in Dating Violence or Domestic Violence as defined by this Code and Section E below.  A student may be found responsible for dating or relationship misconduct and/or  violence when a student engages in sexual misconduct and/or violence (as defined above), or harassment, intimidation, or bullying (as defined in E. below), directed to a member of the University community with whom the student had, or has, or seeks to have a dating, or interpersonal, and/or sexual relationship; or any present or former housemate, roommate, spouse, or person with whom the student shares custody or parenthood of a child.

E. Harassment
Minimum sanction: Warning; Maximum sanction: Expulsion

Students are prohibited from engaging in harassment, intimidation and bullying. A student will be found responsible for harassment, intimidation or bullying if he or she engages in conduct, including but not limited to, any gesture, written, verbal or physical act, or any electronic communication (which includes  e-mails, text messages, and Internet postings on web-sites or social media), whether it be a single incident or series of incidents, that occurs on or off  the University’s campus, through use of the University facilities, or at any function sponsored by the University or any University related-organization; that is so severe or pervasive and objectively offensive that substantially disrupts or interferes with the orderly operation of the University or the rights of any student or other member of the University community; and that:

(a) involves intimidation or threats to another person's safety, rights of personal privacy and property, academic pursuits, University employment, or participation in activities sponsored by the University or organizations or groups related to the University, or
(b) creates an intimidating or hostile environment by substantially interfering with a student’s education, or by materially impairing the academic pursuits, employment or participation of any person or group in the University community, or by severely or pervasively causing physical or emotional harm to the student or other member of the University community; or 
(c)  a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or other person or damaging the property or placing him/her in reasonable fear of physical or emotional harm to his/her person, or to any member of that person’s family or household, or of damage to his/her property; or 
(d) a reasonable person should know, under the circumstances, will have the effect of insulting or demeaning any student or group of students.
e) a student violates a domestic violence restraining order obtained against a other student.; or
f) depending upon the facts and circumstances, Dating Violence, and Domestic Violence may also be Harassment.

  • Discriminatory Harassment, Intimidation and Bullying
    Minimum sanction: Probation; Maximum sanction: Expulsion
    A student will be found responsible for discriminatory harassment, intimidation or bullying who engages in conduct described above as “harassment/ intimidation/bullying” which the student directs at a specific group or individual, based upon race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, familial status, disability, nationality, sex, gender identity or expression, or any other characteristic protected from discrimination by the New Jersey Law Against Discrimination, N.J.S.A. 10:5-4.
  • Sexual Harassment
    Minimum sanction: Probation; Maximum sanction: Expulsion
    A student will be found responsible for sexual harassment who engages conduct described above as “harassment/intimidation/bullying” which the student directs at a specific individual based on sex, or which would not have occurred but for the individual’s gender, or gender identification, which conduct is unwelcome and substantially interferes with work, educational performance or equal access to the University’s resources and opportunities. Sexual harassment is a violation of Montclair State University's Statement on Equal Opportunity, Affirmative Action, Sexual Harassment and Tolerance as well as Title IX of the Education Amendments of 1972, and Title VII of the Civil Rights Act of 1964 (as amended in 1991). Under certain circumstances, sexual harassment may constitute sexual assault or abuse. The University will fully comply with all relevant civil laws prohibiting sexual harassment and all criminal laws concerning sexual assault. Please see the University policy on Sexual harassment.
  • Stalking
    Minimum sanction: Probation; Maximum sanction: Expulsion
    A course of conduct by a student directed at a specific person that is sufficiently severe or pervasive and objectively offensive that a reasonable member of the University community would fear for his/her safety; the safety of a third party; or for the security of his/her residence and personal property. The course of conduct may include: repeatedly following the person, invading the person’s privacy, vandalizing property, communication of any type, and similar acts that threaten, intimidate or create fear of injury or death of self or members of that person's family or household or fear of harm to that person’s property.

F.  Invasion of Privacy
Minimum sanction: Probation: Maximum sanction: Expulsion 

1. Making, attempting to make, transmitting, or attempting to transmit audio, video, or images of any person(s) in bathrooms, showers, bedrooms, or other premises where there is an explicit expectation of privacy with respect to nudity and/or sexual activity, without the knowledge and consent of all participants subject to such recordings.

2. Making, attempting to make, or transmitting an audio or video recording of private, non-public conversations and/or meetings without the knowledge and consent of all participants subject to such recordings.  This provision does not extend to the recording of public events or discussions, or to recordings made for law enforcement purposes.

3. Viewing or spying on a person(s) in bathrooms, showers, bedrooms, or other premises where there is an explicit expectation of privacy with respect to nudity and/or sexual activity, without the knowledge and consent of all participants.

4. Unauthorized intrusion upon a person’s private property or communications.

5. Unauthorized appropriation and/or use of someone’s identifying or personal data or documents.

G. Destruction of Property
Minimum sanction:  Probation; Maximum sanction: Suspension.

  1. No student may intentionally or with reckless intent damage, deface or destroy University property or that of any other person;
  2. No student may litter or place graffiti on walls, doors, furniture or other property.

H. Disruptive Conduct
Minimum sanction:  Warning; Maximum sanction: Suspension.

A student will be found responsible for disruptive conduct if he or she substantially impairs, interferes with or obstructs the orderly conduct, process and functions of the University. Disruptive conduct includes, but is not limited to: noise which is unreasonably excessive in the area, time or manner in which it occurs; threatening or obscene language or behavior in public places; obstruction of vehicular traffic; and classroom behavior which materially interferes with either (a) the instructor's ability to conduct the class or (b) the ability of other students to profit from the instructional program.