New Jersey College Student Crimes: Relationship or Domestic Violence

New Jersey has a wealth of nationally recognized colleges and universities that attract students from across the country and around the world. A variety of schools in the state's sprawling urban and suburban areas offer degree-level education in science, technology, arts, mathematics, and other professional and technical courses. In addition to stellar academics, students can also enjoy another benefit of campus life: building romantic and intimate relationships that may eventually lead to marriage.

Navigating the complexities of college life and relationships is challenging enough for students entering adulthood, and unfortunately, sometimes, they run afoul of an institution's rules and regulations. Strife between partners can quickly lead to allegations of domestic violence, which can end not only a relationship but also an academic and professional career. In New Jersey, the law takes a firm stance on relationship and domestic violence, meaning such cases are particularly sensitive, in addition to involving parties who had intimate relationships with one another. Moreover, when it involves students, schools often seek punishment, further complicating the situation.

At the Lento Law Firm, we understand how to approach unique situations like facing criminal charges and school discipline. We will provide you with a robust defense strategy that prioritizes your rights and exhausts every means of redress in school disciplinary hearings and in the courtroom. Call the Lento Law Firm at 888-535-3686 or complete our confidential consultation form now.

Relationship or Domestic Violence on New Jersey College and University Campuses

The New Jersey criminal justice system acts as quickly as possible to handle allegations of relationship or domestic violence. However, for college and university students, the first encounter is likely with school authorities. Campus security departments often employ a mix of non-officer peacekeeping staff, campus police officers, and sometimes local law enforcement personnel, especially in larger metropolitan areas.

Schools in New Jersey are at liberty to build their force with a combination of personnel; therefore, each may work slightly differently. Information related to how campus security operates is located in a school's code of conduct or student handbook at public institutions such as:

• Bergen Community College
• College of New Jersey
• Kean University
• Montclair State University
• New Jersey City University
• New Jersey Institute of Technology
• Ramapo College of New Jersey
• Rowan University
• Rutgers University
• Stockton University
• Thomas Edison State University

New Jersey's private colleges and universities also staff security personnel on campus at schools like:

• Caldwell University
• Centenary University
• Drew University
• Fairleigh Dickinson University
• Felician University
• Georgian Court University
• Monmouth University
• Princeton University
• Rider University
• Saint Elizabeth University
• Seton Hall University
• Stevens Institute of Technology

While each of the above-mentioned institutions has its own means of peacekeeping and enforcement, allegations can be handled in a few different ways depending on which authorities respond first. For instance, if local law enforcement responds to or is the first to acknowledge an instance of relationship or domestic violence, they can inform the school of their decision to investigate and leave the matter to the courts. Otherwise, they may allow the school to manage the allegations first and still reserve the right to charge the individual or leave the decision to the complainant.

On the other hand, if the school is the first to discover the alleged criminal conduct, it has the discretion to tell law enforcement or keep the matter within the school's own disciplinary system. If it informs local law enforcement, it will conduct an initial investigation to determine if there is probable cause for an arrest. If not, it will leave the matter for the school to resolve internally. Irrespective of the situation, students could face punishment twice.

New Jersey's Approach to Relationship and Domestic Violence

Relationship and domestic violence does not solely occur between two married individuals living together. New Jersey's approach is broader.

The terms relationship violence, dating violence, and domestic violence are essentially interchangeable under New Jersey law, wherein relationship or dating violence typically refers to younger people who are not married. Moreover, the law does not strictly define a "dating relationship," meaning that there is no set time limit for how long a couple must have been dating in order for the victim to seek relief.

New Jersey law defines the crime as the occurrence of one or more of the following acts detailed in the Prevention of Domestic Violence Act (PDVA):

• Physical Assault and Sexual Assault
• Terroristic Threats and Lewdness
• Burglary and Robbery
• Criminal Sexual Contact and Stalking
• Harassment and Cyber-harassment
• False imprisonment and Kidnapping
• Battery and Homicide

Additionally, acts of domestic violence can include any other unlawful engagements involving the risk of death or serious physical injury to a person protected under the PDVA. Protected persons include Individuals at least 18 years old or emancipated minors subjected to such violence by a spouse, former spouse, or any other person who is a present or former household member. The above acts prohibited by the PDVA are committed by an actor who:

• Someone with whom the victim has had a dating relationship.
• Someone with whom the victim has a child in common.
• Someone with whom the victim anticipates having a child in common if one of the parties is pregnant.

Under New Jersey law, an officer must arrest an alleged suspect and complete a criminal complaint if a person claims to have been the victim of domestic violence. They may also conduct an arrest of the accused if the officer has sufficient evidence to believe that such violence occurred if one of the following circumstances apply:

• The individual has an arrest warrant.
• The accused has violated a previous domestic violence restraining order.
• The officer has sufficient cause to believe a weapon was used.
• The victim shows indications of injury or harm.

Sometimes, both parties in the relationship may show signs of physical injury and claim to be victims. In that case, the officer must distinguish which person is the aggressor through injury comparison and other means.

Colleges and universities are progressing in how they treat instances of relationship or domestic violence. Spearheaded by the federal government, the way they are handled is sometimes more fast-paced than experienced through the court system.

Title IX's Influence on Relationship or Domestic Violence

In the context of campus life, allegations of relationship and domestic violence are handled by Title IX legislation. Adopted by all full and partially publicly-funded schools, the set of nationwide laws and regulations are designed to eliminate sex and gender-based discrimination in all levels of education. Although domestic violence is covered under Title IX, the degree to which it is covered can vary depending on the school's policy and definition of "intimate partner violence," which is primarily reserved for LGBTQ+ student relationships. Each school will have its own policies, but each will adopt the state's minimum.

Relationship or domestic violence applies if a student accuser is in a romantic or intimate relationship with the accused. Investigations often look at the nature of the relationship, how long the relationship has existed, and how frequently the two interacted, including the context of interactions.

Title IX domestic violence accusations can vary but could fall under any of the following categories:

• Physical Violence: The intentional use of force against the accuser, such as pushing, hitting, scratching, rough play, kicking, and others.
• Sexual Violence: An attempt to commit non-consensual sexual contact or intercourse through physical force.
• Emotional or Psychological Violence: Causing trauma through coercion, threats, humiliation, retaliation, or isolation behaviors.
• Intimidation and Threats: The use of words or gestures, including those made over electronic communications, to threaten sexual or bodily harm

Although Title IX is a set federal law, it is constantly changing, meaning students will face different processes depending on prevailing political winds. However, with recent executive-level modifications, it's likely easier now than ever before for students to face harsh allegations from school disciplinary boards.

Changes to Title IX

Under the Trump Administration, Title IX afforded additional due process provisions for both the accuser and accused. The motive was to ensure that students did not leave their constitutional rights at the college gates upon entry. The grievance process to handle relationship or domestic violence allegations—as other violations under Title IX—required live, in-person hearings, the opportunity to cross-examine witnesses, and responsibility for the charges was based on the "clear and convincing evidence" standard.

Many of the protections were reversed on August 1, 2024. Changes to Title IX regulations have introduced significant adjustments to narrow some procedural requirements and include the following:

• Sexual harassment now encompasses "severe or pervasive" conduct.
• Disciplinary boards may choose between the "preponderance of the evidence" standard or the "clear and convincing evidence" standard.
• Schools are no longer required to hold cross-examinations during live hearings.
• The definition of "sex" is expanded to include gender identity.

Despite the changes, students subjected to the disciplinary process in Title IX may choose to have an advisor assist them. Advisors (who are allowed to be attorneys) cannot represent students to school officials during proceedings like they would in front of a judge, but they may attend meetings if permitted and coach students on the best strategies for defense.

Facing Multiple Charges for Relationship or Domestic Violence Allegations

If someone at your New Jersey college or university files a complaint related to violence within an intimate relationship or domestic situation and the school moves forward with charges, you face more than one problem. As said before, the New Jersey criminal justice system can launch an investigation and eventual trial, and the college or university can proceed to punish a student.

There are situations, however, where students may undergo a criminal investigation, and the charges are dropped, or a trial fails to substantiate the allegations. Students must understand that this does not mean the same will occur with the school. The evidentiary standards and proceedings schools use to adjudicate breaches of the code of conduct are far lower than in a court of law.

Few attorneys have experience defending students in these kinds of dual situations. The tactics used to persuade judges and juries in a New Jersey courtroom often do not translate to winning strategies for school disciplinary proceedings. Fortunately, students have an ally in the Lento Law Firm. We are well-known for our familiarity with the procedures used in the New Jersey criminal justice system and our ability to negotiate with school administration officials, including an institution's Office of General Counsel (OGC), to mitigate the effects of discipline and criminal convictions.

Our team understands what students endure when they are accused of committing a crime on campus. Even unfounded allegations can affect a student's enrollment status, financial aid, and opportunity to defend themselves. The Lento Law Firm knows that resolving criminal matters doesn't mean the school will drop its charges, even if a student is acquitted in criminal court. But our experience with these situations helps ensure you will be in the best position possible to defend yourself on both fronts.

Examples of Student Discipline Policies Related to Relationship or Domestic Violence

Rutgers University

New Jersey's Rutgers University defines relationship ordomestic violence as a "pattern of controlling or coercive behavior by one individual to maintain power and control over another in an intimate relationship." While the school asserts physical violence is common, it can also include the following behaviors:

• Emotional Abuse
• Economic Abuse
• Sexual Abuse
• Intimidation and Retaliation
• Treats and Isolating Behaviors

Allegations of relationship or domestic violence are handled differently than those involving academic rule violations or general misconduct, with a separate set of procedures emanating from Title IX. The level of action needed to initiate an investigation is also seen as lower than with general misconduct. For instance, Rutgers claims that the following behaviors or situations indicate abuse:

• Forcing a partner to give them their email or social media passwords.
• Being blamed for provoking the other's abusive behavior.
• Made to account for time away from a partner.
• Constantly ridiculed or insulted by a partner.

When the school's Title IX Coordinator receives a complaint, they will review the initial details to establish whether the allegations are within the office's jurisdiction. With the changes in the rules, the school has more flexibility in its pursuit. In some cases, school authorities may offer informal means of discipline to resolve conflict between parties and the institution's grievances. Consequences can be as seemingly minor as a loss of privileges or access to university housing, but it's vital that students always opt for a full, formal hearing.

Monmouth University

Adopting the state's definition of relation or domestic violence, Monmouth University also classifies the acts under their Title IX obligations. Some students may believe that if an alleged incident occurs off campus, then the school won't be able to discipline them. However, that's a common misconception and a dangerous one.

Monmouth states that all "members of the University community should know that they will be held accountable for both their behavior and actions on-campus as well as off-campus as they relate to established laws and regulations of federal, state, and local agencies." Therefore, students and all those connected with the campus community must "represent themselves lawfully and responsibly at all times, both on and off campus." Not only can the school punish a student for violating its code outside of campus, but the school also reserves the right to exercise disciplinary action against students when the University's reputation or its orderly functioning as an academic community are clearly involved."

A school's jurisdiction is often far more expansive than what many would refer to as the campus proper. Colleges and universities commonly reserve authority over students within a few hundred yards of any campus building, in school-owned or controlled vehicles, or at college or university-sponsored events.

Monmouth and other institutions will take appropriate steps designed to mitigate the effects of the allegations before a hearing begins, which means that it can institute emergency interim measures. Each school may work slightly differently, but Monmouth initiates an action that includes but is not limited to:

• Changing a student's academic schedule.
• Modifying a student's campus residence.
• Adjusting a student's schedule for school employment or volunteering.
• Issuance of a "no contact" letter.
• Mandatory training and educational programs.
• Interim suspension from school.

Interim measures may be implemented temporarily or on a longer-term basis. While the school's Title IX Coordinator will seek to minimize unreasonable burdens on either party, accused students (respondents) may be subject to interim measures even in cases where the accuser (complainant) has requested that no investigation be undertaken.

Like Monmouth, most schools have procedures for respondents to appeal interim measures (except for emergency removals). Within two business days of the decision, students must appeal to the Title IX Coordinator, who then renders a verdict within three business days. Students must understand, however, that timelines vary between schools, and all information is located in the institution's code of conduct.

Thomas Edison State University

Some acts related to relationship or domestic violence overlap with school Title IX policies. For instance, at Thomas Edison State University, their policies forbid non-consensual sexual contact, and although a trait of domestic violence, it can be classified as sexual assault.

Allegations are handled using the same grievance process under Title IX. The following steps are what students will likely face:

1. When the disciplinary board compels the complainant to be present, the panel will allow them to make an opening statement first.
2. The respondent will then provide their opening statement.
3. Both parties may present evidence during the hearing, and advisors, if allowed, cannot address the panel or witnesses.
4. Members of the panel may ask questions to the complaint or the respondent about the alleged incident.
5. If allowed under the panel's discretion, each party may be allowed to cross-examine the other party and witness.
6. Both parties may give closing statements to the panel in an effort to persuade their final decision.

Within days, the panel (sometimes a hearing officer) will determine responsibility for the allegations. Sometimes, the decision is made based on a majority vote from the hearing panel.

Responsibility can be based on either the "clear and convincing evidence" standard or the "preponderance of the evidence" standard. Unfortunately, in the effort to provide further protections to victims, schools will likely move forward with the latter. Therefore, the hearing panel only must be at least 50 percent convinced that the respondent is responsible for the allegations.

Students—both complainants and respondents—have the opportunity to choose an advisor to help them throughout the process. Although an advisor may not represent the student or speak on their behalf, they are a valuable resource to ensure they understand how to present their case.

Advisors don't have to be attorneys, but students are allowed to retain one. The Lento Law Firm has tested experience assisting students in school disciplinary proceedings, and we are a worthwhile investment when allegations turn into criminal charges.

Relationship or Domestic Violence as a Crime Under New Jersey Law

If a college or university handles allegations of relationship or domestic violence before law enforcement becomes involved, the school has the discretion to inform them. In some cases, like at Thomas Edison State University, a complainant may choose not to have the police contacted and have no report filed but may still have forensic evidence collected and report it later. Regarding allegations of sexual assault in relationship or domestic violence, New Jersey has no statute of limitations.

The PDVA treats relationship or domestic violence depending on the underlying crime. For example, if the underlying crime was a disorderly persons offense, such as lewdness, the domestic violence crime might also be so. On the other hand, if it's sexual assault, it's handled as a second-degree offense. Yet, the crime is upgraded by one degree for individuals with previous domestic violence convictions.

The potential repercussions for criminal charges in New Jersey are as follows:

• Disorderly Persons Offense: Up to six months in jail and $1,000 in fines.
• Fourth-Degree Crime: Up to 18 months in jail and $10,000 in fines.
• Third-Degree Crime: 3 to 5 years of incarceration and up to $15,000 in fines.
• Second-Degree Crime: 5 to 10 years of incarceration and up to $150,000 fines.
• First-Degree Crime: Up to 20 years of incarceration and $200,000 in fines.

Preliminary investigations conducted by law enforcement personnel will lead to one of the above charges, then taken in front of a judge at an arraignment hearing. Regardless, an investigation does not mean that New Jersey prosecutors will have the evidence to convict. Some allegations and complaints are simply false or are due to a misunderstanding. However, the potential for life-altering punishment still exists.

How Do School Discipline and Criminal Charges Affect You?

Although New Jersey's colleges and universities may not hand out jail time, there is no shortage of severe sanctions. While punishments may vary from school to school, each will have them listed in their code of conduct and will typically levy the following for substantiated charges:

• Loss of Privileges: Typically used in combination with others, it may involve withholding access to campus facilities, such as living in dormitories, participating in extracurricular activities, or using college resources and holding leadership positions.
• Probation: Students may remain enrolled but under strict conditions, such as providing restitution, seeking counseling, and others that address the risk of reoccurrence.
• Suspension: Students are barred from campus for a semester of an academic year and usually must meet certain conditions before being eligible to re-enroll.
• Expulsion: Permanent removal from the school and a notation on their transcript.

The discipline from relationship or domestic violence charges can quickly resound throughout a student's personal, professional, and academic life. Following graduation, employers conducting background checks research collegiate records of rule violations. Severe offenses, especially ones like a relationship or domestic violence, may throw up a red flag on a job application. For those already employed, it can be the reason one fails to qualify for advancement.

Suspended or expelled students might experience significant financial hardship if they lose scholarships or aid. Under federal loan rules, Title IX discipline can mean students are forced to pay back money allocated for incomplete semesters. Despite urges to avoid discipline, students must understand that they have the opportunity for help no matter where they are in New Jersey or what institution of higher education they attend.

On the criminal side of the situation, even if the charge is in an individual's first offense, convictions create obstacles. Depending on the level of charge, relationship or domestic violence can lead to the following:

• The loss of voting rights and gun ownership rights.
• The inability to hold a passport or travel outside the county.
• The loss of occupational or professional credentials.
• The inability to qualify for federal financial aid for education, housing, and others.

Convictions that lead to jail time and exorbitant fines are bad enough, but even afterward, a conviction that includes sexual abuse means that individuals must register as sex offenders in New Jersey. Depending on the details of the incident resulting in the conviction, students are placed into one of three categories, also known as tiers, based on the risk of re-offense. Depending on which level the offender is placed in, varying degrees of personal information, such as appearance and physical characteristics, home address, and occupation, are publicly available. It will also include notification to community groups like law enforcement and school boards.

The Lento Law Firm Can Help You With Relationship or Domestic Violence Charges

If you are a student who has been charged with relationship or domestic violence at a New Jersey college or university, you need the help of a team of attorneys who thoroughly understand student defense and criminal defense. Our team has represented numerous students who have faced discipline from both, and we know how to address allegations promptly. While you may feel like there is no way to defend yourself, we can invoke our experience and strengths to ensure you have the best defense possible.

Just a few of the things we do for you to defend against criminal charges are:

• Attending the arraignment hearing to ensure quick release without restrictive bond terms.
• Using the discovery process to understand the prosecution's case against you.
• Analyzing your side of the events to distinguish mitigating and exonerating testimony and evidence.
• Encouraging the dismissal of charges or working to suppress the prosecution's evidence.
• Representing you during each step of the process, from pre-trial motions to closing arguments.
• Seeking any means for appeal or redress or advocating for alternative sanctions.

The Lento Law Firm is no stranger to situations that students just like you face. We know what you're up against with criminal convictions and are prepared to assist you in the courtroom, but we also know that school discipline is handled differently.

Local attorneys may advertise their courtroom strategies as a way to get you out of trouble at school. However, the Lento Law Firm knows that the administrative procedures used in college and university discipline require a delicate touch that does not translate from trial experience. Unlike dedicated trail lawyers, we employ the following steps when allegations arise so you remain at school and focus on academic success:

• Assessing the accuser's complaint and the school's case to prepare you to respond.
• Collecting the evidence against you and examining that which supports your side of the case.
• Coaching you on how to present your case during formal hearings.
• Attending all meetings, conferences, and hearings as school rules permit.
• Pursuing appeals and negotiating alternative special relief through a school's OGC, if necessary.

The Lento Law Firm stands ready to help you defend against criminal and school charges. We will advocate for fair hearings and trials and invoke your rights to ensure you have the best defense strategy possible. To get started, call us today at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.