- Campus Parking Policy
- Drugs and Alcohol
- Equal Opportunity, Affirmative Actions, Sexual Harassment & Tolerance
- False Public Alarms Policy
- Grade Grievance Procedure
- Human Relations Statement on Campus Climate for Civility & Human Dignity
- Montclair State University Guidelines for Responsible Computing
- Reserving Campus Facilities
- Sexual Assault Policy
- Sexual Harassment Policy
- Smoking Policy
Drugs and Alcohol Policies
The University prohibits the possession, use and sale of illegal drugs. The possession, use and sale of illegal drugs and controlled substances is a violation of University policy, the Student Code of Conduct, and Federal and New Jersey law. Individuals engaging in this activity are referred to University Police for criminal prosecution. In addition, students and employees engaged in this activity will be subject to discipline. Illegal drugs or controlled substances refers to those defined as illegal under federal, state, and/or local laws and include, but are not limited to, all forms of narcotics, depressants, stimulants, hallucinogens, or other drugs whose use, possession, or transfer is restricted or prohibited by law (except for drugs prescribed by a physician or dentist and used according to instructions for the purpose for which they were prescribed).
When such activity occurs on campus, Montclair State University shall initiate appropriate measures, which may include disciplinary action. When such activity occurs off campus, Montclair State nevertheless may consider initiating disciplinary action if the University determines that the activity has a substantial adverse effect upon the University or upon individuals of the University community. In addition, such matters may be reported by the University to the appropriate law enforcement authorities.
A federal or state drug conviction (but not a local or municipal conviction) can disqualify a student for FSA funds. Convictions only count against a student for aid eligibility purposes (FAFSA question 23c) if they were for an offense that occurred during a period of enrollment for which the student was receiving federal student aid.
Since involvement with drugs may be associated with medical and psychological problems, students and others with drug problems may be referred to Psychological Services. Students should be aware that Montclair State continually develops and offers programs and courses on drug education and prevention. Individual and group counseling is also available on campus and off-campus at rates determined on a sliding scale, based on ability to pay.
The University prohibits the possession, use and sale of alcoholic beverages by persons under 21 years of age. The possession, use and sale of alcoholic beverages by persons under 21 years of age is a violation of University policy, the Student Code of Conduct, and New Jersey law. Individuals engaging in this activity are referred to University Police for criminal prosecution. In addition, students and employees engaged in this activity will be subject to discipline.
University policy related to possession and consumption of alcoholic beverages grows out of two principles: (1) the laws of the State of New Jersey must be strictly enforced and (2) any consumption must occur within a social framework wherein beverages are not the focus of the event.
Students and others with alcohol abuse problems should be aware that they may be referred to Psychological Services for referral and/or counseling information. In addition, a series of programs and courses on alcohol are offered by the University. Individual and group counseling is also available on campus and off-campus at rates determined on a sliding scale, based upon ability to pay.
All applicable state and municipal penalties will be imposed by the appropriate municipal, county or State court. In addition to Municipal and State penalties, there are Montclair State penalties for offenses committed. The Dean of Students or designee will be notified of all offenses and will initiate action as outlined in the Non-Academic Disciplinary Procedures of the Student Handbook. A copy of the campus guidelines concerning alcohol consumption may be obtained in the Dean of Students' Office.
New Jersey Laws Prohibiting Sale, Possession, Distribution, and Consumption of Alcohol
In New Jersey the sale of alcoholic beverages to individuals under age 21 is prohibited. Furthermore, the sale of alcoholic beverages is prohibited unless under the authority of a license or permit. Sale of alcoholic beverages on the Montclair State University campus is permitted to individuals who are 21 years of age or older, and restricted to the University Hall Conference Center or other college premises eligible for Alcoholic Beverage Commission Special Permits. Because a majority of Montclair State University students are under the age of 21, the sale and/or consumption of alcoholic beverages is permitted only in those areas and at those times when special permission has been obtained from the appropriate administrative office on campus.
Residence Halls and Hawk Crossings Apartments
No alcohol will be permitted in any of the residence halls, or Hawk Crossings Apartments, including residents' rooms and common areas such as lounges and recreation rooms. Residents are held directly responsible for the conduct of their guests.
The University promotes an alcohol-free residence hall community as part of a strong academic environment. Because the majority of campus residents are under age and due to the challenges of alcohol abuse, alcohol is prohibited in the residence halls. Possession of alcohol, or empty alcohol cans, bottles, etc., constitutes a violation and may result in strict disciplinary action and/or dismissal from the residence community. Students may be asked to reveal the contents of bags, boxes, etc., if reasonable suspicion of possible alcohol possession exists.
The Village at Little Falls
Alcohol possession and consumption are permitted only in the Village apartments where all residents are of legal drinking age and where there are no guests who are not of legal drinking age and only inside the apartments.
In keeping with NJ laws regarding alcohol, and the University's own philosophy regarding substance use and abuse, only Village residents 21 years of age or older may possess and consume alcohol inside their apartments and only under the following conditions: 1) no alcohol deliveries are permitted to the apartments, 2) no alcohol is permitted outside the buildings or in hallways/stairwells, or other common areas outside of apartments and 3) no alcohol is given to individuals under 21 years of age. In addition, quantities of alcohol are limited based on the guidelines outlined in the Department of Residential Education and Services handbook.
Criminal Offenses and Penalties under New Jersey Law Pertaining to Abuse of Alcohol
N.J.S.A 33:1-2 makes it unlawful to directly or indirectly sell alcoholic beverages to any person of any age without a license or special permit issued by the New Jersey Alcoholic Beverage Control Commission. Sale is construed to include admission charges, the sale of cups, the sale of tickets, and/or the acceptance of donations.
N.J.S.A 2C:33-17 states any alcoholic beverage available to a person under the legal drinking age, in public or private, without an adult parent or guardian present and consenting, is punishable by a fine of $1,000 and/or up to six months in jail.
Note: It is NOT A DEFENSE to any of the above charges that the accused believed the person to be of legal drinking age, EVEN if that belief was reasonable. The only available defense is based on the presentation of a photographic identification card or driver license, issued by a state.
N.J.S.A 2C:33-15 provides for MINIMUM fine of $500, suspension of driving privileges for six months and requires participation in an Alcohol Education Program for any person under the legal drinking age to possess, in any public place, any alcoholic beverage, regardless of whether or not the container is sealed.
N.J.S.A 39:4-50 provides for a MINIMUM $200 fine for any operator or passenger in a motor vehicle found to be in possession of any open container of an alcoholic beverage, regardless of his/her age.
N.J.S.A 33:1-81 makes it an offense, punishable as outlined below, for:
1) a person under the legal drinking age to enter a licensed premise with the intent to purchase or consume alcoholic beverages;
2) a person under the legal drinking age to purchase or consume alcoholic beverage on a licensed premise;
3) a person of legal drinking age to purchase an alcoholic beverage FOR a person under the legal drinking age;
4) a person under the legal drinking age to misrepresent or misstate his/her age in connection with the sale or service of any alcoholic beverage.
A person convicted of a violation of any of these provisions is subject to the following penalties for EACH violation: a MINIMUM fine of $100 AND a MANDATORY one year loss of driving privilege, AND court ordered participation in an Alcoholic Education Program.
N.J.S.A 39:4-50 et. seq. provides penalties for any person convicted of operating a motor vehicle anywhere within this State, on public or private property, while under the influence of an alcoholic beverage or any drug (including lawful drugs if the operator's ability to safely operate a motor vehicle is impaired thereby).
New Jersey Laws Pertaining to Illegal Use of Drugs:
N.J.S.A. 2C:35-10. Possession, Use or Being under the Influence
a. a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:
(1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $35,000.00 may be imposed;
(2) Any controlled dangerous substance, or its analog, classified in Schedule V, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $15,000.00 may be imposed;
(3) Possession of more than 50 grams of marijuana, including any adulterants or dilutants, or more than five grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or
(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.
Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
b. Any person who uses or who is under the influence of any controlled dangerous substance, or its analog, for a purpose other than the treatment of sickness or injury as lawfully prescribed or administered by a physician is a disorderly person.
c. c.Any person who knowingly obtains or possesses a controlled dangerous substance or controlled substance analog in violation of subsection a. of this section and who fails to voluntarily deliver the substance to the nearest law enforcement officer is guilty of a disorderly persons offense. Nothing in this subsection shall be construed to preclude a prosecution or conviction for any other offense defined in this title or any other statute.
2C:35-5. Manufacturing, Distributing or Dispensing. a. Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be unlawful for any person knowingly or purposely:
(1) To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
(2) To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.
N.J.S.A. 2C:35-5.3a. Manufacturing, Distribution or Possessing CDS (Bath Salts)
a. Except as authorized by P.L.1970, c. 226 (C.24:21-1 et seq.), it is unlawful for any person knowingly or purposely to manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense flunitrazepam.
b. A person who violates subsection a. of this section with respect to flunitrazepam in a quantity of one gram or more is guilty of a crime of the first degree and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $250,000.00 may be imposed upon the person.
c. A person who violates subsection a. of this section with respect to flunitrazepam in a quantity of less than one gram is guilty of a crime of the second degree and, notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $150,000.00 may be imposed upon the person.
N.J.S.A. 2C:35-9 Strict Liability for Drug Induced Deaths
a. Any person who manufactures, distributes or dispenses methamphetamine, lysergic acid diethylamide, phencyclidine or any other controlled dangerous substance classified in Schedules I or II, or any controlled substance analog thereof, in violation of subsection a. of N.J.S. 2C:35-5, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and is guilty of a crime of the first degree.
b. The provisions of N.J.S. 2C:2-3 (governing the causal relationship between conduct and result) shall not apply in a prosecution under this section. For purposes of this offense, the defendant's act of manufacturing, distributing or dispensing a substance is the cause of a death when:
(1) The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and
(2) The death was not:
(a) too remote in its occurrence as to have a just bearing on the defendant's liability; or
(b) too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the substance or its effect as to have a just bearing on the defendant's liability.
c. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance, or by his consenting to the administration of the substance by another.
d. Nothing in this section shall be construed to preclude or limit any prosecution for homicide. Notwithstanding the provisions of N.J.S. 2C:1-8 or any other provision of law, a conviction arising under this section shall not merge with a conviction for leader of narcotics trafficking network, maintaining or operating a controlled dangerous substance production facility, or for unlawfully manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense the controlled dangerous substance or controlled substance analog which resulted in the death.
N.J.S.A. 2C:35-10.2. Obtaining or possessing gamma hydroxybutyrate without a prescription
a. It is a crime of the third degree for any person, knowingly or purposely, to obtain, or to possess, gamma hydroxybutyrate unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c. 226 (C.24:21-1 et seq.).
b. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $100,000.00 may be imposed upon a person who violates this section.
N.J.S.A. 2C:35-10.3. Obtaining or possession flunitrazepam without a prescription
a. It is a crime of the third degree for any person, knowingly or purposely, to obtain, or to possess, flunitrazepam, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c. 226 (C.24:21-1 et seq.).
b. Notwithstanding the provisions of N.J.S.2C:43-3 or any other law, a fine of up to $100,000.00 may be imposed upon a person who violates this section.
N.J.S.A. 2C:35-10.3a Unlawful Possession of CDS (Bath Salts)
a. It is a crime for any person, knowingly or purposely, to obtain, or to possess, substances containing: 4-methylmethcathinone (mephedrone, 4-MMC); 3,4-methylenedioxypyrovalerone (MDPV); 3,4-methylenedioxymethcathinone (methylone, MDMC), 4-methoxymethcathinone (methedrone, bk-PMMA, PMMC); 3-fluoromethcathinone (3-FMC); or 4-fluoromethcathinone (flephedrone, 4-FMC).
b. A person who violates subsection a. of this section where the quantity involved is one ounce or more is guilty of a crime of the third degree.
c. A person who violates subsection a. of this section where the quantity involved is less than one ounce is guilty of a crime of the fourth degree.
N.J.S.A. 2C:35-11 Possession of Imitation CDS with Intent to Distribute and Distribution of CDS
a. It is unlawful for any person to distribute or to possess or have under his control with intent to distribute any substance which is not a controlled dangerous substance or controlled substance analog:
(1) Upon the express or implied representation to the recipient that the substance is a controlled dangerous substance or controlled substance analog; or
(2) Upon the express or implied representation to the recipient that the substance is of such nature, appearance or effect that the recipient will be able to distribute or use the substance as a controlled dangerous substance or controlled substance analog; or
(3) Under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous substance or controlled substance analog.
Any of the following shall constitute prima facie evidence of such circumstances:
(a) The substance was packaged in a manner normally used for the unlawful distribution of controlled dangerous substances or controlled substance analogs.
(b) The distribution or attempted distribution of the substance was accompanied by an exchange of or demand for money or other thing as consideration for the substance, and the value of the consideration exceeded the reasonable value of the substance.
(c) The physical appearance of the substance is substantially the same as that of a specific controlled dangerous substance or controlled substance analog.
b. It is unlawful for any person to manufacture, compound, encapsulate, package or imprint any substance which is not a controlled dangerous substance, controlled substance analog or any combination of such substances, other than a prescription drug, with the purpose that it resemble or duplicate the physical appearance of the finished form, package, label or imprint of a controlled dangerous substance or controlled substance analog.
c. In any prosecution under this section, it shall not be a defense that the defendant mistakenly believed a substance to be a controlled dangerous substance or controlled substance analog.
d. A violation of this section is a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $200,000.00 may be imposed.
e. The provisions of this section shall not be applicable to (1) practitioners or agents, servants and employees of practitioners dispensing or administering non-controlled substances to patients on behalf of practitioners in the normal course of their business or professional practice; and (2) persons who manufacture, process, package, distribute or sell noncontrolled substances to practitioners for use as placebos in the normal course of their business, professional practice or research or for use in Federal Food and Drug Administration investigational new drug trials.
N.J.S.A. 2C:35-13 Obtaining CDS by Fraud
It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. It shall be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21. A violation of this section shall be a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.
N.J.S.A. 2C36-2 Use or possession with intent to use; disorderly persons offense
It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance , controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section is guilty of a disorderly persons offense.
N.J.S.A. 2C:36-3. Distribute, dispense or possess or manufacture with intent to distribute or dispense; crime of fourth degree
It shall be unlawful for any person to distribute or dispense, or possess with intent to distribute or dispense, or manufacture with intent to distribute or dispense, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance , controlled substance analog or toxic chemical in violation of the provisions of chapter 35 of this title. Any person who violates this section commits a crime of the fourth degree.
Criminal Penalties for Illegal Drug Use
Individuals who have been charged with a drug related offense that is not a first or second degree crime, will be transferred to Drug Court where they will be placed on probation up to 5 years and submit to drug rehabilitation treatment and intensive court supervision.
If an individual is convicted of a first degree crime, they are subject to imprisonment from 10 to 20 years, and a fine up to $200,000.
If an individual is convicted of a second degree crime, they are subject to imprisonment from 5 to 10 years, and a fine up to $150,000.
If an individual is convicted of a third degree crime, they are subject to imprisonment from 3 to 5 years, and a fine up to $15,000.
If an individual is convicted of a fourth degree crime, they are subject to imprisonment up to 18 months and a fine up to $10,000.
If an individual is convicted of a disorderly persons offense, they are subject to imprisonment up to 6 months and a fine up to $1,000.
If an individual is convicted of a petty disorderly persons offense, they are subject to imprisonment up to 30 days and a fine up to $500.
Individuals who are charged with a disorderly persons offense or petty disorderly persons offense, may be eligible for a conditional discharge subject to probation and supervisory treatment.
Individuals convicted of drug offenses may also be subject to mandatory loss of driving privileges of 6 months to 2 years unless the Court finds compelling circumstances that warrant an exception.
As an ever-growing pluralistic society and in a world whose boundaries are made increasingly flexible by technology and global economics, it is fundamental to our institutional mission to create a community without bias and to oppose vigorously any form of racism, religious intolerance, sexism, ageism, homophobia, harassment and discrimination against those with disabling conditions. It is critical that each and every member of this community understand that Montclair State University eschews hate of any kind and will not tolerate behavior that violates the civil and statutory rights of any individual or group. Within this framework, each of us can feel free to express ourselves in ways that promote openness within a pluralistic and multicultural society.
To ensure that we understand our responsibility to contribute to a community that embraces these values and that we are accountable for our behavior in this regard, all persons in positions of responsibility and authority will be held strictly accountable for promoting the highest degree of fairness and equity by both personally exemplifying these principles and holding all those around them accountable as well.
It is essential that each member of the campus community incorporate these values into daily life at Montclair State University so that we may all work and learn together in a spirit of appreciation for the differences among us and with mutual respect and dignity.
Montclair State University will enforce false public alarms laws to the fullest extent.
*Code of Criminal Justice 2C:33-3
a. Except as provided in subsection b. or c. of this section, a person is guilty of a crime of the third degree if he initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm. A person is guilty of a crime of the third degree if he knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.
b. A person is guilty of a crime of the second degree if in addition to the report or warning initiated, circulated or transmitted under subsection a. of this section, he places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm. A violation of this subsection is a crime of the first degree if it occurs during a declared period of national, State or county emergency.
c. A person is guilty of a crime of the second degree if a violation of a subsection a. of this section in fact results in serious bodily injury to another person or occurs during a declared period of national, State or county emergency. A person is guilty of a crime of the first degree if a violation of subsection a. of this section in fact results in death.
d. For the purposes of this section, "in fact" means that strict liability is imposed. It shall not be a defense that the death or serious bodily injury was not a foreseeable consequence of the person's acts or that the death or serious bodily injury was caused by the actions of another person or by circumstances beyond the control of the actor. The actor shall be strictly liable upon proof that the crime occurred during a declared period of national, State, or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.
e. A person is guilty of a crime of the fourth degree if the person knowingly places a call to a 911 emergency telephone system without purpose of reporting the need for 911 service.
Grade Grievance Procedure
A. Goals and Objectives
- To insure for every student who feels aggrieved a formal procedure to guarantee due process.
- To insure equitable treatment for all parties concerned and protect the rights of individuals.
- To insure academic freedom as well as academic quality.
- To insure remedy within a reasonable period of time.
B. Informal Resolution Procedure
- It is the responsibility of any student wishing to pursue an academic grievance involving a faculty member to first discuss the matter privately with the professor involved. In the event that the student is unable to contact the professor within a two-week period, an appointment should be arranged through the departmental secretary for the first time available. The initiation of the student grade grievance must take place within three weeks from the beginning of the next regular (Fall or Spring) semester.
- Should the meeting fail to accomplish a resolution between the student and the faculty member, the student should arrange a private conference with the faculty member's Chairperson. The Chairperson must notify in writing the faculty member involved that a meeting has been arranged between the Chairperson and the student. Following the conference with the student, the Chairperson must meet privately with the faculty member to discuss the problem and attempt to resolve the conflict.
- Should the grievance still not be resolved, it must be reported to the Dean of the College/School. The Dean should attempt to resolve the problem informally, meeting separately or jointly with the individuals involved. The Dean should prepare a written evaluative statement concerning the student-faculty conflict. All concerned parties must receive a copy of the Dean's statement within eight weeks from the beginning of the regular (Fall or Spring) semester.
- If the conflict is still not resolved, the Dean of the College/School must notify the Vice Provost for Academic Affairs in writing of the unresolved grievance and must forward all paperwork to the Associate VPAA within one week of the issuance of the Dean's statement. Both parties to the grievance must be apprised of this action. The Associate Vice Provost shall decide whether the institution of a formal grievance is warranted. If a formal grievance is deemed warranted, a grievance committee must be convened.
C. Formal Resolution Procedure
- 1. Grievance Committee
(a) The Grievance Committee shall be composed of one faculty member from each College/School, appointed by the Dean of that College/School. Each faculty member shall be a voting member of the Committee. A representative from the Office of the Vice President of Academic Affairs will convene the Committee, chair the meetings, but will have no vote. Additionally, a representative from each of the following bodies shall hold non-voting, observer status on the Committee: the Office of the Dean of Students, and a graduate and undergraduate student. The Student Government Association will select an undergraduate student to serve as the representative, and The Office of Graduate Admissions and Support Services will aid in identifying a graduate student to serves as the student representative. The Grievance Committee must be convened within two weeks after receipt of the paperwork from the Dean of the College/School.
(b) A new committee will be selected each year.
(c) The faculty member involved may appoint one advisor to be present during committee hearings. The aggrieved student may also bring an advisor to the hearings.
(d) If any committee member has a direct personal with any individual(s) involved in a particular case, the committee member must disqualify him/herself from serving on the committee while the case is being heard. If the impartiality of a committee member is questioned, the committee itself must reach a decision as to the continuance of the individual so questioned. If a member is disqualified, another individual from the same constituency shall be appointed to serve in his or her place.
2. Grievance Committee Procedure
(a) The Grievance Committee will hold hearings in two steps. In the first step the complainant will present the relevant charges and the complainant and the individual charged will present relevant evidence in support of their respective positions and ask questions of the other party. In the second step members of the Grievance Committee only will deliberate leading to a recommendation to be forwarded to the Vice President for Academic Affairs.
(b) In advance of the hearing, the Chair of the Grade Grievance Committee shall notify the grievant, the individual charged with the unfair practice and the members of the committee of the time and place of the hearing, specification(s) of the complaint, composition of the committee and the right of the individual charged to be accompanied by an advisor. The advisors to the student and faculty member may be present when charges and evidence are presented to the committee.
(c) At any hearing, all parties with the exception of advisors may question witnesses.
(d) All committee hearings shall be confidential; witnesses shall be excluded except for the period of their questioning.
(e) The report and recommendation of the committee shall be in writing, including the committee's rationale for its decision and any dissenting opinion(s). Only those committee members who have heard all testimony and evidence in a given case may vote on a committee's recommendation. Class schedules of students and faculty members must be accommodated when setting committee meetings.
(f) If the committee finds in favor of the student, the committee's report and recommendation shall be forwarded to the Vice President for Academic Affairs of the University after completion of the hearing, and copies shall be provided to all parties of the complaint. If the committee finds in favor of the faculty member and no appeal to the committee's decision is filed within the specified time period, (see 3a below) the committee shall destroy all documents pertaining to that particular case.
3. Appeal Process
(a) If any parties to the complaint are not satisfied with the recommendation of the Grievance Committee, they may submit an appeal in writing to the Vice President for Academic Affairs. Such an appeal must be filed within five (5) calendar days after receipt of the recommendation of the Grievance Committee.
(b) Such an appeal to the Vice President for Academic Affairs shall be based upon: a contention that committee procedure may have had a prejudicial effect on the outcome of the report and recommendation; the discovery of new information after the committee hearing which may have an effect on the outcome of the hearing; and the belief that the committee recommendation was unsubstantiated by the evidence and documentation presented.
(c) The Vice President for Academic Affairs of the University shall weigh all evidence and recommendations and render a final written recommendation of the matter after the expiration of the five-day waiting period. All parties to the grievance must receive copies of the Vice President's recommendation.
(d) If the Vice President is in agreement with the committee's findings in favor of the faculty member, the Vice President must destroy all documents pertaining to that case. If, however, the Vice President for Academic Affairs finds in favor of the student, a recommendation for change of grade should be made by the Vice President to the faculty member. A copy of this recommendation should go to the Chairperson of the Department, the Dean of the College/School, and the Dean of Students. All procedural actions must be completed within the semester they are initiated.
(e) Department Chairs, Deans, Vice Presidents, etc. should not attempt to discuss or resolve any grade grievance unless the above procedure has been faithfully adhered to.
Note: No individual involved in the appeal process should hear, initiate, or attempt to resolve a grade grievance unless the Grade Grievance Procedure, obtainable at Department Chair's offices or at the Office of the Dean of Students, has been properly followed.
Montclair State University recognizes its responsibility to foster an atmosphere of respect, understanding and good will among individuals and groups, with special sensitivity to those most likely to be subjected to disrespect, abuse and misunderstanding because of age, disability, ethnicity, gender, gender identity or expression, national origin, race, religion, and sexual orientation. The goal is to create an unbiased community where all individuals feel free to express themselves in ways that are appropriate in a multi-ethnic and multi-cultural society and to pursue their work and study in an atmosphere which values individuality and diversity.
If you have any concern regarding this policy, please contact the Bias Response Task Force at 973-655-5114, or the Office of the Dean of Students at 973-655-4118.
Montclair State University Guidelines for Responsible Computing
- General Statement
- Security and Privacy
- Policy Addenda and Notifications
As a part of the physical and social learning infrastructure, Montclair State University acquires, develops, and maintains computers, computer systems, and networks. These computing resources are intended for University-related purposes, including direct and indirect support of: the University’s instruction, research, and service missions; University administrative functions; student and campus life activities; and contributions to knowledge, the profession, and the educational environment of the University through the free exchange of ideas among members of the University community and between the University community and the wider local, national, and international communities.
Computer systems and networks owned or operated by Montclair State University provide access to resources on and off campus. Such open access is a privilege and imposes upon users certain responsibilities and obligations. Access is granted subject to University policies, and local, state, and federal laws. Use of these resources must be consistent with professional standards and University policies; reflect the principles of academic integrity; show restraint in the consumption of shared resources; and adhere to law and University policy in regard to intellectual property, ownership of data, copyright, system security mechanisms, and individuals' rights to privacy and to freedom from intimidation and harassment.
The rights of academic and political freedom and freedom of expression apply to the use of University computing resources. So, too, however, do the responsibilities and limitations associated with those rights. Therefore, legitimate use of a computer, computer system, or network does not extend to whatever is technically possible. Although some limitations are built into computer operating systems and networks, those limitations are not the sole restrictions on what is permissible. Users must abide by all applicable restrictions, whether or not they are built into the operating system or network and whether or not they can be circumvented by technical means.
All information, records, and material maintained on the University’s computers and computing systems by University employees is the property of the University. Notwithstanding the above principle, the University acknowledges that faculty members may have an expectation, consistent with general practice in American higher education and any applicable collective bargaining agreement, of a proprietary interest in their scholarly and research materials, similar to the same interest they would have in handwritten materials produced within the scope of their employment.
This policy outlines the standards for acceptable use of University computing and information technology resources, which include, but are not limited to, equipment, software, networks, data and telephones, whether owned, leased, or otherwise provided by Montclair State University.
This policy applies to all users of computing and information technology resources owned or managed by Montclair State University, including resources available to the University through outsourced and applications service provider arrangements. Individuals covered by this policy include, but are not limited to, faculty, staff, students, guests, external individuals or organizations and individuals accessing the University’s information resources through external network services, such as the Internet.
Computing resources include all University owned, licensed, or managed hardware and software, and use of the university network via a physical or wireless connection, regardless of the ownership of the computer or device connected to the network.
This policy applies to technology administered in individual departments; resources administered by central administrative departments, such as the University Library and Office of Information Technology. Additional policies may apply to specific computers, computer systems, or networks provided or operated by specific units of the University or to uses within specific units. Users must consult the managers of the specific computer, computer system, or network for further information.
Preserving access to information resources is an effort that requires each member of the University community to act responsibly and guard against abuses. Therefore, anyone who accesses or uses the University's computing resources in any way is obligated to abide by the following standards of acceptable and ethical use.
All users of university computing resources must:
Comply with all federal, New Jersey, and other applicable laws; all University rules and policies; and all contracts and licenses. Examples of such laws, rules, policies, contracts, and licenses include the laws of libel, privacy, copyright, trademark, obscenity, and child pornography; the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act, which prohibit various activities; the University’s code of student conduct; the University’s sexual harassment policy; and all applicable software licenses. Users are responsible for ascertaining, understanding, and complying with the applicable laws, rules, policies, contracts, and licenses governing their computing activities.
Use only those computing resources that they are authorized to use and use them only in the manner and to the extent authorized. Ability to access computing resources does not, by itself, imply authorization to do so. Users are responsible for ascertaining what authorizations are necessary and for obtaining them before proceeding. Accounts and passwords may not, under any circumstances, be shared with, or used by, persons other than those to whom they have been assigned by the University.
Respect the privacy of other users and their accounts, regardless of whether those accounts are securely protected. The ability to access other persons’ accounts does not imply authorization to do so. Users are responsible for ascertaining what authorizations are necessary and for obtaining them before proceeding.
Respect the finite capacity of computer resources and limit use so as not to consume an unreasonable amount of those resources or to interfere unreasonably with the activity of other users. Although there is no set bandwidth, disk space, or other limit applicable to all users of University computing resources, the University may require users to limit or refrain from specific uses in accordance with this principle, and users are required to constrain their use to reasonable limits. The reasonableness of any particular use will be judged in the context of all relevant circumstances.
Refrain from using computing resources for personal commercial purposes or for personal financial or other gain. Limited, occasional personal use of University computing resources is permitted where such use does not constitute commercial activity or activity for financial or other gain and when it does not consume a significant amount of those resources, does not interfere with the performance of the user’s job or other University responsibilities, and is otherwise in compliance with this policy. Further limits may be imposed upon personal use in accordance with normal supervisory procedures and as clarified in the State of New Jersey's Uniform Code of Ethics and the Student, Faculty and Employee Handbooks published by the University.
Refrain from stating or implying that they speak on behalf of the University and from using University trademarks and logos without authorization to do so. Affiliation with the University does not, by itself, imply authorization to speak on behalf of the University nor does it permit members of the community to use the University's trademarks and logos without the prior approval of University Counsel or the Vice President for University Advancement. Please consult the University Code of Ethics and Policy #1.5.97 for further clarification of requirements regarding disclaimers on expressive personal opinions and the use of University trademarks and logos.
The University employs various measures to protect the security of its computing resources and of users’ accounts. Users should be aware, however, that the University cannot guarantee such security. Users should therefore be resolved in their efforts to establish appropriate access restrictions for their accounts, guarding their passwords, and changing them regularly.
Users should also be aware that their uses of University computing resources are not completely private. While the University does not routinely monitor individual usage of its computing resources, normal operation and maintenance require the backup and caching of data and communications, the logging of activity, the monitoring of general usage patterns, and similar activities that are necessary for the provision of service. The University may also specifically monitor the activity and accounts of individual users, including individual login sessions and communications, without notice, at its discretion, when (a) the user has voluntarily made them accessible to the public, as by posting to a web page; (b) the University requires access to information regarding the individual’s use of the computing resource; (c) it reasonably appears necessary to do so to protect the integrity, security, or functionality of the University or other computing resources or to protect the University from liability; (d) there is reasonable cause to believe that the user has violated, or is violating, University policies; (e) an account appears to be engaged in unusual or unusually excessive activity, as indicated by the monitoring of general activity and usage patterns; or (f) it is otherwise required or permitted by law. Any such individual monitoring, other than that specified in “(a)”, required by law, or necessary to respond to perceived emergency situations, will be authorized in advance by the President, Vice President for Academic Affairs or the Vice President for Information Technology, or their designees. All records of these authorizations will be maintained in a secure file by the Vice President for Information Technology as this is the unit that actually implements such requests.
The University, in its discretion, may disclose the results of any such general or individual monitoring, including the contents and records of individual communications, to appropriate University personnel or law enforcement agencies and may use those results in appropriate University disciplinary proceedings. Communications made by means of University computing resources are also generally subject to New Jersey's Open Public Records Act to the same extent as they would be if made on paper. Further clarification regarding the Open Public Records Act may be obtained at (http://www.njarchives.org/links/pdf/circular-letter-03-10-st.pdf).
Violation of this computing policy threatens the atmosphere for the sharing of information, the free exchange of ideas and the secure environment for creating and maintaining information. Such violations of the University Computing Policy are treated like any other ethical violation as outlined in the Student Handbook, relevant contractual agreements, and applicable faculty and staff handbooks. Violators may also be subject to prosecution under applicable Federal and New Jersey Statutes.
The University may temporarily suspend or block access to an account, prior to the initiation or completion of such procedures at its discretion and when it reasonably appears necessary to do so in order to protect the integrity, security, or functionality of University or other computing resources or to protect the University from liability. The record of such action consists of a written request to the Vice President for Information Technology and a copy to the University Counsel.
The University may also refer suspected violations of applicable law to appropriate law enforcement agencies.
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VI. POLICY ADDENDA AND NOTIFICATIONS
The University will, through appropriate administrative procedures, periodically amend this policy and generate addenda to it. When available, general notification will be made to the University community by means of electronic distribution lists and the University’s web page. In addition, in order to ensure that all Users have an opportunity to read and proactively affirm their acceptance of University computing policies, on an annual basis the University will deactivate all user accounts. Reactivation will be contingent upon a review by all Users of all applicable computing policies and affirmation that these policies have been read, understood, and acknowledged.
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MSU Policy 1.5.97, Authorized Use of University Name
Last updated: November 21, 2013
Campus Groups/Student Organizations/External Groups
Recognized campus groups and/or members of the University community seeking to secure facilities for a program or presentation must adhere to the following procedures:
- Arrangements to schedule facilities must be made through the Associate Director of the Student Center (ext. 4411). Related costs including media services, security, refreshments, etc., will be borne by the sponsoring organization.
- The Associate Director of the Student Center will work with the Center for Student Involvement (for student groups) to assess set-up needs for the activity or program and coordinate the set-up. All student organizations must request space through the Events Management System (EMS). CSI will review and approve the request and forward to the Scheduling Office for space availability.
- As appropriate, the Associate Director of the Student Center will advise the sponsoring organization to meet directly with University Police to coordinate security needs and/or with dining services to coordinate food or any other services that need to be addressed. For student programs, CSI will coordinate security needs with University Police.
- The University Police Department will review program requests and determine actions necessary to ensure the adequacy of security and appropriateness of location and facility. The Chief of Police will maintain control of security arrangements for all on-campus events. The Director of University police will inform the President and appropriate Vice Presidents of any event that requires special security arrangements. Communication and coordination with the senior administration will be maintained to ensure that such events occur successfully and safely.
- External groups seeking to secure use of Montclair State University facilities for programs and/or activities must Contact the Associate Director, Student Center.
- Before reserving facilities for the use of an outside group, the Associate Director, Student Center will determine the following:
- That the desired facilities are available.
- That the intended use of the facilities is consistent with the mission of Montclair State University.
- That the intended use of the facilities will not interfere with the educational and programmatic needs of Montclair State University.
- That security needs have been reviewed by the Director of University Police and that adequate security can be provided. Should the Director of University Police determine additional security is required, the cost will be borne by the sponsoring organization. Under no circumstances will University Police delegate responsibility for security to any external organization or its agents.
- That all other requirements and needs have been addressed, e.g., insurance and parking.
- Upon satisfaction of the requirements listed under item 2, the Associate Director, Student Center will follow appropriate procedures for the preparation and issuance of a contract to the organization requesting use of the facilities.
Sexual Assault Policy
Every member of the Montclair State University community has a right to an environment free of coercion and assault. Sexual assault is a crime prohibited by state law. NJSA2C:14-1-2 of the New Jersey Criminal Code defines sexual assault as sexual penetration meaning "vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or the insertion of a hand, finger or other object in the anus or vagina by either the actor or upon the actor's instruction. The depth of insertion shall not be relevant." Assault occurs when the above actions are performed without the victim's consent or with a victim who is unable to consent. The law is gender neutral recognizing that men and women can be victims or perpetrators of sexual assault.
Sexual assault will not be excused or tolerated at Montclair State University. Existing criminal, civil and disciplinary actions will be enforced. In addition, the University has adopted measures to educate the campus community regarding sexual violence and instituted protocols to assist victims. Special emphasis is placed on the needs, rights and privacy of the victim and the rights of the offender. Montclair State University adheres to federal, state and local requirements for interventions, crime reporting and privacy provisions related to sexual assault.
Montclair State University has a strong commitment to provide a supportive working and learning environment and condemns behaviors that undermine the dignity and safety of members of the University community. Montclair State University condemns sexual violence against all persons and promotes a campus climate that supports fundamental rights, personal and professional integrity and dignity.
The New Jersey "Campus Sexual Assault Victim's Bill of Rights" affirms support for campus organizations which assist sexual assault victims and provides that the following rights shall be accorded to victims of sexual assaults that occur on the campus of any public or independent institution of higher education in the State and where the victim or alleged perpetrator is a student at the institution or when the victim is a student involved in an off-campus sexual assault:
a. The right to have any allegation of sexual assault treated seriously; the right to be treated with dignity; and the right to be notified of existing medical, counseling, mental health or student services for victims of sexual assault, both on campus and in the community whether or not the crime is reported to campus or civil authorities.
"Campus authorities" as used in this act shall mean any individual or organizations specified in an institution's statement of campus security policy as the individuals or organizations to whom students and employees should report criminal offenses.
b. The right to have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the crime occurred, and the right to the full and prompt cooperation and assistance of campus personnel in notifying the proper authorities. The provisions of this subsection shall be in addition to any campus disciplinary proceedings which may take place.
c. The right to be free from pressure from campus personnel to refrain from reporting crimes, or to report crimes as lesser offenses than the victims perceive the crimes to be, or to report crimes if the victim does not wish to do so.
d. The right to be free from any suggestion that victims are responsible for the commission of crimes against them; to be free from any suggestion that victims were contributively negligent or assumed the risk of being assaulted; to be free from any suggestion that victims should refrain from reporting crimes in order to avoid unwanted personal publicity.
e. The same right to legal assistance, and the right to have other present, in any campus disciplinary proceeding, that the institution permits to the accused; and the right to be notified of the outcome of any disciplinary proceeding against the accused.
f. The right to full, prompt, and victim-sensitive cooperation of campus personnel in obtaining, securing, and maintaining evidence, including a medical examination if it is necessary to perserve evidence of the assault.
g. The right to be informed of, and assisted in exercising, any rights to be confidentially or anonymously tested for sexually transmitted diseases or human immunodeficiency virus; the right to be informed of, and assisted in exercising, any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.
h. The right to have access to counseling under the same terms and conditions that apply to other students seeking such counseling from appropriate campus counseling services.
i. The right to require campus personnel to take reasonable and necessary action to prevent further unwanted contact of victims with their alleged assailants, including but not limited to, notifying the victim of options for and available assistance in changing academic and living situations after an alleged sexual assault incident if so requested by the victim and if such changes are reasonably available.
Important Telephone Numbers
- University Police 973-655-5222
- Counseling and Psychological Services 973-655-5211
- Dean of Students Office 973-655-4118
- Health Promotion 973-655-7397
- Human Resources 973-655-5293
- University Health Center 973-655-4361
- Women's Center/Equity & Diversity 973-655-5114
- Residence Hall Directors:
- Blanton Hall Desk 973-655-5212
- Bohn Hall Desk 973-655-5266
- Dinallo Heights Desk 973-655-4664
- Freeman-Russ Desk 973-655-5332
- Hawk Crossings Desk 973-655-4475
- Machuga Heights Desk 973-655-4668
- Sinatra Hall Desk 973-655-5257
- The Village Desk 973-655-6689
Sexual Harassment Policy
View policy and procedure at: montclair.edu/sexual-harassment.
Current state law and University policy prohibits smoking and/or use of tobacco, vapor or similar products* inside any campus building. View a full list of the restricted products.
Effective Friday, September 1, 2017, use of all tobacco products are restricted to on-campus designated smoking areas which are located at least 25 feet from all entries, outdoor air intakes and operable windows. Tobacco products should only be used within 10 feet of each designated location.
List of Designated Smoking Areas
- Machuga Heights at the bottom of the stairs in front of the center tower
- Dinallo Heights near Lot 23S
- Blanton Hall in between Webster Hall and Bohn Hall
- Hawk Crossings between Falco and Accipiter
- Maintenance Building, near Sprague Field
- Russ Hall in between Russ Hall and Chapin Hall near the loading dock for Chapin Hall
- Sprague Library near the small service parking lot along University Promenade
- Student Center, near the crosswalk by Science Hall and the Student Center
- Village in the parking lot island between Williams Hall and Sinatra
- Feliciano School of Business near Dickson Hall
- Center for Clinical Services, in Lot 60 off of Clove Road
Any member of the campus community may ask an individual to comply with the provisions of this regulation or may file a complaint with University Police, who may issue a summons. Any individual who fails to comply is subject to a fine as determined by the local court where the summons is filed (typically ranging $25-$200).