S4547

An Act concerning Rutgers, the State University and supplementing chapter 65 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares:

a. Rutgers, the State University, as the flagship university of the State, should demonstrate the utmost commitment to the rigorous and impartial enforcement of its rules and antidiscrimination policies, in order to ensure a safe campus environment and continuation of all academic functions.

b. Protests and demonstration activities that occur inside academic buildings and places where academic activities take place present a direct impediment to maintaining the core academic missions of institutions of higher education.

c. The inability to identify individuals who violate university rules, and the interference of non-university persons at activities claiming to be organized by students, threatens the ability of Rutgers to maintain the integrity of its policies and to ensure the safety of the Rutgers community.

d. Upholding its academic mission and values requires Rutgers to foster a campus environment free from discrimination and harassment and have the ability to act quickly when violations of university rules and policies take place.

e. Since the October 7, 2023 terrorist attacks by Hamas, Jewish students have faced relentless violence, intimidation, and antisemitic harassment on campuses across the nation, including at Rutgers, the State University.

f. On April 29, 2024, a student encampment began at the Rutgers, New Brunswick campus, causing disruption to the entire campus community and even prompting the cancellation or delay of some final exams.

g. Rutgers’ president and other leaders failed to respond appropriately and promptly to the encampment, further exacerbating the harassment of Rutgers’ Jewish students.

2. The governing boards of Rutgers, the State University shall adopt a Discrimination and Discriminatory Harassment Policy for Students and Student Groups. The policy shall apply to all acts of discrimination and harassment by students and student groups including those which occur during protests and demonstrations. Any violation of the policy by a student or student group shall be subject to the appropriate disciplinary action by the Office of Student Conduct. The policy shall include, at a minimum;

a. the establishment of clear and fair time, place, and manner parameters for protest activities that will avoid disruption of academic activities, including a clear statement that protests in academic buildings, and other places necessary for the conduct of university activities, are generally not acceptable and shall be subject to sanction;

b. provisions for the application of consistent, rigorous, and effective disciplinary actions for violations of its rules, including a provision that any student who violates institution rules during an encampment shall be suspended, expelled, or have their degrees temporarily revoked, by determination of the Office of Student Conduct;

c. a provision requiring all individuals who engage in protests or demonstrations, including those who wear face masks or face coverings, shall, when asked, present their university identification to the satisfaction of a university public safety officer or other university representative. This provision shall not be construed to limit or restrict an individual’s right to wear a face mask or face covering for a religious or medical purpose; and

d. the incorporation of the definition of “antisemitism” to mean prejudice, discrimination, hate, or violence directed at Jews, including Jewish Israelis, and which may manifest in a range of ways, including as ethnic slurs, epithets, and caricatures; stereotypes, anti-Semitic tropes and symbols; Holocaust denial; targeting Jews or Israelis for violence or celebrating violence against them; exclusion or discrimination based on Jewish identity or ancestry or real or perceived ties to Israel; and certain double standards applied to Israel.

3. Rutgers, the State University shall update its University Code of Student Conduct and its Student Organization Policies and Procedures to be consistent with the provisions of this act.

4. a. Rutgers, the State University shall identify and implement effective techniques to be used by university staff, including university public safety, during protests and demonstrations that enable the identification of individuals who violate university rules.

b. Any student identified as violating the Discrimination and Discriminatory Harassment Policy for Students and Student Groups shall be referred to the Office of Student Conduct for disciplinary sanctions.

5. Rutgers, the State University shall expand its public safety personnel and provide updated training to all public safety personnel on the Discrimination and Discriminatory Harassment Policy for Students and Student Groups. Training shall include procedures for the identification, removal, or arrest of individuals from campus, when appropriate and for referral to the Office of Student Conduct.

6. Rutgers, the State University shall establish adequate oversight and support of student groups. Student groups shall be annually informed of the Discrimination and Discriminatory Harassment Policy for Students and Student Groups and the potential sanctions for any violations of the policy. Sanctions for violations of the policy shall be determined by the Office of Student Conduct and may include actions to defund, suspend, or derecognize a student group.

7. a. Rutgers, the State University shall develop a training module on the Discrimination and Discriminatory Harassment Policy for Students and Student Groups adopted pursuant to section 2 of this act.

b. Rutgers, the State University shall require each student, as a condition of continued enrollment, to annually complete the training module developed pursuant to subsection a. of this section.

c. Rutgers, the State University shall require each student group, as a condition of continued university recognition, to annually complete the training module developed pursuant to subsection a. of this section.

8. a. Rutgers, the State University shall designate one or more staff members to conduct a thorough review of the portfolio of programs and curriculum that engage in the scholarly examination of regional areas, starting with the Middle East.

b. Rutgers, the State University shall expand its faculty searches to ensure intellectual diversity among faculty, course offerings, and scholarship.

9. Rutgers, the State University shall review its admissions procedures to ensure they reflect best practices and make recommendations to the President for improvements that ensure unbiased admission processes.

10. Rutgers, the State University shall develop and adopt a university policy of institutional neutrality on matters of a political nature.

11. Rutgers, the State University shall create opportunities for constructive dialogue programing with the goal of improving dialogue among those with differences of opinion, and engaging with others with different and distinct viewpoints.

12. This act shall take effect immediately.

STATEMENT

This bill requires Rutgers, the State University to adopt a Discrimination and Discriminatory Harassment Policy for Students and Student Groups and other measures to ensure community safety and academic functions.

The bill directs the governing boards of Rutgers, the State University to adopt a Discrimination and Discriminatory Harassment Policy for Students and Student Groups. The policy is to include, at a minimum;

· the establishment of clear and fair time, place, and manner parameters for protest activities that will avoid disruption of academic activities;

· provisions for the application of consistent, rigorous, and effective disciplinary actions for violations of its rules;

· a provision requiring all individuals who engage in protests or demonstrations, including those who wear face masks or face coverings, to, when asked, present their university identification to the satisfaction of a university Public Safety officer or other university representative;

· the incorporation of a specific definition of “antisemitism.”

The bill directs Rutgers, the State University to identify and implement effective techniques to be used by university staff, including university public safety, during protests and demonstrations that enable the identification of individuals who violate university rules. The bill provides that any student identified as violating the Discrimination and Discriminatory Harassment Policy for Students and Student Groups is to be referred to the Office of Student Conduct for disciplinary sanctions.

The bill directs Rutgers, the State University to expand its public safety personnel and provide certain training.

The bill requires Rutgers, the State University to establish adequate oversight and support of student groups. Under the bill, sanctions for violations of the Discrimination and Discriminatory Harassment Policy for Students and Student Groups are to be determined by the Office of Student Conduct and may include actions to defund, suspend, or derecognize a student group.

The bill directs Rutgers, the State University to:

· develop a training module on the Discrimination and Discriminatory Harassment Policy for Students and Student Groups and requires each student and student group to annually complete the training;

· designate one or more staff members to conduct a thorough review of the portfolio of programs that engage in the scholarly examination of regional areas, starting with the Middle East;

· expand its faculty searches to ensure intellectual diversity among faculty, course offerings, and scholarship;

· review its admissions procedures to ensure they reflect best practices and make recommendations to the President for improvements that ensure unbiased admission processes; and

· develop and adopt a university policy of institutional neutrality; create opportunities for constructive dialogue programing with the goal of improving dialogue among those with differences of opinion, and engaging with others with different and distinct viewpoints.