reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-45.1 - Performance quality standard, established, Secretary of Higher Education; career-oriented programs of study; rules, regulations.

18A:3B-45.1 Performance quality standard, established, Secretary of Higher Education; career-oriented programs of study; rules, regulations.
1. a. As used in this section, "career-oriented program of study" means a program that provides occupation-specific knowledge and technical skill proficiency that culminates in the attainment of a license for a specific occupation or is represented by the institution as preparing students for employment in a specific occupation. "Career-oriented program of study" shall not include a program dedicated primarily to the education or training of ministers, priests, rabbis or other professional persons in the field of religion.
b. Within 12 months of the effective date of P.L.2022, c.76 (C.18A:3B-45.1 et al.), the Secretary of Higher Education shall establish a performance quality standard for career-oriented programs of study offered by institutions of higher education and degree-granting proprietary institutions. In establishing the standard, the secretary shall consider the ratio of the tuition and fees charged to students in the career-oriented program net of any institutional grant aid to the average earnings of New Jersey workers employed in the specific occupation for which the career-oriented program prepares students.
c. The secretary shall ensure that career-oriented programs of study offered by institutions of higher education and degree-granting proprietary institutions meet a minimum acceptable level of performance, as determined by the secretary. In the event that the secretary determines that a program does not meet the minimum acceptable level of performance, the secretary shall suspend or terminate that program and take additional action to suspend or revoke the institution's license to award academic degrees.
d. An institution of higher education or degree-granting proprietary institution shall submit to the secretary the clear identification of the institution's career-oriented programs of study in a form and in a manner as determined by the secretary.
e. The secretary shall adopt, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the provisions of this section.
L.2022, c.76, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-46 - Definitions relative to structure and fiscal management of higher education.

18A:3B-46 Definitions relative to structure and fiscal management of higher education.
1. As used in this act:
"Commission" means the New Jersey Commission on Higher Education established pursuant to section 13 of P.L.1994, c.48 (C.18A:3B-13);
"Public research university" means Rutgers, The State University of New Jersey, Rowan University, the New Jersey Institute of Technology, Montclair State University, and Kean University;
"State college" means the State colleges or universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes.
L.2009, c.308, s.1; amended 2012, c.45, s.69; 2017, c.178, s.39; 2021, c.282, s.39.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-47 - Secretary of Higher Education.

18A:3B-47 Secretary of Higher Education.
2. The Governor shall appoint, with the advice and consent of the Senate, a Secretary of Higher Education who shall serve at the pleasure of the Governor during the Governor's term of office and until a successor is appointed and qualified. The appointment shall be made after consultation with and recommendations from the New Jersey Commission on Higher Education and the New Jersey Presidents' Council except that the person holding the office of executive director of the commission on the effective date of this act shall be the initial Secretary of Higher Education. The secretary shall hold cabinet-level rank and shall serve as executive director of the commission.
L.2009, c.308, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-48 - Audit committee.

18A:3B-48 Audit committee.
3. a. The governing board of a public research university or a State college shall establish an audit committee. The chairman of the committee shall have accounting or related financial management expertise and the governing board shall make efforts to ensure that a majority of the members of the committee have such expertise.
b. The audit committee shall have a written charter that addresses the committee's purpose and responsibilities which shall include, but not be limited to:
(1) assisting the board in ensuring and safeguarding the integrity of the institution's financial statements;
(2) assisting the board in overseeing and evaluating the performance of outside auditors retained by the institution;
(3) assisting the board in overseeing and evaluating the performance of the institution's internal audit function;
(4) ensuring that allegations of misconduct or conflict of interest are evaluated and investigated; and
(5) ensuring the institution's compliance with all relevant legal and regulatory requirements.
c. The audit committee shall prepare an annual audit committee report for submission to the institution's governing board.
d. The committee shall keep minutes of its meetings.
L.2009, c.308, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-49 - Internal auditor.

18A:3B-49 Internal auditor.
4. The governing board of a public research university or a State college shall approve the appointment of an internal auditor, who shall have a direct reporting relationship to the board, the president, and the chief financial officer. The internal auditor shall periodically test and report on the institution's internal controls to the audit committee, the institution's president, chief financial officer, and other senior members of the institution's administrative staff.
L.2009, c.308, s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-50 - Independent outside auditor.

18A:3B-50 Independent outside auditor.
5. a. The governing board of a public research university or a State college shall retain an independent outside auditor who is a certified public accountant to conduct an annual audit of the institution's financial accounts in accordance with nationally recognized auditing and accounting standards adopted by the commission. The independent auditor shall be selected by a majority vote of the members of the board present upon the recommendation of the audit committee.
The governing board of the institution shall not retain an independent auditor that employed the president, chief financial officer, controller, chief accounting officer, or any person holding an equivalent position at the institution during the one-year period preceding the audit or that fails to meet any other limitations or restrictions established by the commission. The governing board shall ensure the independence of the auditor.
b. The independent outside auditor shall report his findings to the audit committee. The audit committee shall review the problems identified through the audit with the institution's president, chief financial officer, and other senior members of the institution's administrative staff who shall evaluate the independent auditor's findings and file comments in response to those findings with the audit committee.
c. The audit committee shall report the findings of the independent auditor and the evaluation of those findings by the institution's senior staff to the governing board of the institution. The audit committee shall recommend actions it deems necessary to rectify any identified deficiencies in internal controls.
L.2009, c.308, s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-51 - Submission of audit to commission.

18A:3B-51 Submission of audit to commission.
6. a. The president and chief financial officer of a public research university or a State college shall submit the annual audit to the commission and shall certify that they have reviewed the financial statements and that, based on their knowledge, the financial statements do not contain any untrue statement of a material fact or omission of a material fact that makes the statements misleading and that, based on their knowledge, the financial statements present in all material respects the financial condition and results of operations of the institution.
b. A public research university or a State college shall retain institutional financial statements for a minimum period of time in accordance with accounting principles of the Governmental Accounting Standards Board.
L.2009, c.308, s.6.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-52 - Policies, procedures for reports of wrongdoing, confidentiality.

18A:3B-52 Policies, procedures for reports of wrongdoing, confidentiality.
7. In accordance with standards established by the Attorney General, the governing board of a public research university or State college shall establish written policies and procedures that provide confidentiality in the reporting of alleged wrongdoing at the institution and protect employees from retaliatory action in accordance with the provisions of the "Conscientious Employee Protection Act," P.L.1986, c.105 (C.34:19-1 et seq.).
L.2009, c.308, s.7.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-53 - Recommendations for penalties for noncompliance.

18A:3B-53 Recommendations for penalties for noncompliance.
8. The commission shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), recommendations for the establishment of penalties for noncompliance with the provisions of sections 4 through 7 of this act, unless such penalties are otherwise established by law, including, but not limited to, fines and disciplinary action to be imposed upon a public research university or a State college or a member of the governing board or an employee of the institution.
L.2009, c.308, s.8.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-53.1 - Definitions.

18A:3B-53.1 Definitions.
1. As used in this act:
"Financial instability" means a finding of instability on the financial condition of a public institution of higher education by the Secretary of Higher Education, upon consideration of a set of comprehensive financial responsibility metrics that may include, but shall not be limited to, the institution's: Composite Financial Index score; debt to liquidity ratios; audit reports; days cash-on-hand; financial reserves; tuition reliance; debt covenant compliance; credit rating; debt capacity; and cost control for expenses and revenues.
"Public institution of higher education" means the State colleges or universities established pursuant to chapter 64 of Title 18A of the New Jersey Statutes, Rutgers, The State University, New Jersey Institute of Technology, Rowan University, Montclair State University, Kean University, all county colleges, and any other public university or college now or hereafter established or authorized by law.
L.2023, c.115, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-53.2 - Annual fiscal monitoring report, Secretary of Higher Education.

18A:3B-53.2 Annual fiscal monitoring report, Secretary of Higher Education.
2. In addition to submitting the annual audit pursuant to section 6 of P.L.2009, c.308 (C.18A:3B-51), a public institution of higher education shall submit an annual fiscal monitoring report to the Office of the Secretary of Higher Education according to a schedule and in a format established by the secretary.
L.2023, c.115, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-53.3 - Comprehensive, fiscal, governance operations audit, Secretary of Higher Education, discretion.

18A:3B-53.3 Comprehensive, fiscal, governance operations audit, Secretary of Higher Education, discretion.
3. a. Pursuant to a schedule established by the secretary, a public institution of higher education shall undergo a comprehensive audit. The secretary shall facilitate the audit which shall examine the institution's fiscal and governance operations.
b. In addition to the scheduled comprehensive audit established by subsection a. of this section, the Secretary may direct a comprehensive audit of an institution's fiscal and governance operations at any time if the secretary determines that conditions may exist within the institution that significantly or negatively impact an institution's operations.
L.2023, c.115, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-53.5 - State monitor, duties, responsibilities, public institutions of higher education.

18A:3B-53.5 State monitor, duties, responsibilities, public institutions of higher education.
5. Notwithstanding any other provision of law to the contrary, a State monitor appointed pursuant to section 4 of this act shall:
a. oversee the fiscal management and expenditures of funds of the public institution of higher education including, but not limited to, budget reallocations and reductions, approvals of purchase orders, budget transfers, and payment of bills and claims;
b. oversee the operation and fiscal management of facilities, including developing and implementing recommendations for restructuring the institution offered by the governing board of a public institution of higher education;
c. ensure development and implementation of an acceptable plan to address the circumstances which resulted in the appointment of a State monitor pursuant to section 4 of this act that includes measurable benchmarks and specific activities to address the deficiencies of the institution;
d. oversee all staffing, including the ability to hire, promote, and terminate employees, as well as the ability to deny proposals by the administration of the institution to hire, promote, or terminate employees, except that all actions of the State monitor shall comply with the "New Jersey Employer-Employee Relations Act," established pursuant to P.L.1941, c.100 (C.34:13A-1 et seq.), and any collective bargaining agreements entered into by the institution;
e. have authority to override any action by the president of the institution or a vote by the governing board of the institution on any of the matters set forth in this section except that all actions of the State monitor shall comply with the "New Jersey Employer-Employee Relations Act," established pursuant to P.L.1941, c.100 (C.34:13A-1 et seq.), and any collective bargaining agreements entered into by the institution;
f. attend all meetings of the governing board of the institution, including closed sessions;
g. meet with the governing board of the institution at least quarterly to provide governing board members with education and training that address the deficiencies and actions leading to the appointment of a State monitor pursuant to section 4 of this act;
h. make recommendations to the Legislature, including any proposed legislation which the monitor may desire to recommend for enactment, for the systemic improvement of the institution's fiscal condition, and which may include opportunities for efficiencies through:
(1) mergers, acquisitions, and consolidations;
(2) program reductions;
(3) sales of surplus property;
(4) shared services and joint purchasing;
(5) staff reductions;
(6) teacher sharing agreements; and
(7) any other proposals that the monitor believes would improve the fiscal efficiency of the institution; and
i. report directly to the secretary or the secretary's designee.
L.2023, c.115, s.5.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-53.6 - State monitor, designated State officer; fiscal accountability plan, progress reports, issuance; transition plan, develop; salary.

18A:3B-53.6 State monitor, designated State officer; fiscal accountability plan, progress reports, issuance; transition plan, develop; salary.
6. a. A State monitor appointed pursuant to section 4 of this act shall be considered a State officer for purposes of the "New Jersey Tort Claims Act," established pursuant to P.L.1972, c.45 (C.59:1-1 et seq.).
b. (1) The State monitor, within six months of appointment to the position, shall issue a fiscal accountability plan to the institution and Secretary of Higher Education listing all benchmarks and remedial actions required to be completed by the institution and the necessary capacity and fiscal controls to be restored to the institution as a condition for the cessation of State monitor oversight. The State monitor may revise or amend the fiscal accountability plan, as appropriate.
(2) The State monitor shall issue progress reports to the governing board of the institution and the secretary on a monthly basis, or on a schedule determined by the secretary. The progress report shall detail the institution's progress in meeting the requirements of the fiscal accountability plan, and establish clear and measurable benchmarks to assess the institution's fiscal accountability.
(3) The secretary shall develop a transition plan outlining the process for the withdrawal of the State monitor and a return to full institution control. The State monitor shall provide oversight of the institution until the secretary determines that the transition plan has been successfully executed and the necessary capacity and fiscal accountability controls have been restored to institution operations.
c. The salary of a State monitor shall be fixed by the secretary and may be adjusted from time to time as the secretary deems appropriate. The State shall assume the total cost of the State monitor and any additional staff appointed pursuant to section 4 of this act.
L.2023, c.115, s.6.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-53.7 - Governing board, public institution of higher education, approve, chief financial officer appointment, reporting relationship.

18A:3B-53.7 Governing board, public institution of higher education, approve, chief financial officer appointment, reporting relationship.
7. The governing board of a public institution of higher education shall approve the appointment of a chief financial officer, who shall have a direct reporting relationship to the board and the president. The chief financial officer shall be responsible for those duties and responsibilities that are prescribed by the Secretary of Higher Education pursuant to section 8 of this act.
L.2023, c.115, s.7.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-53.8 - Chief financial officer, public institution of higher education, duties, responsibilities.

18A:3B-53.8 Chief financial officer, public institution of higher education, duties, responsibilities.
8. a. The Secretary of Higher Education shall establish the duties and responsibilities of a chief financial officer of a public institution of higher education, which shall include, but not be limited to:
(1) acting as the lead agent on matters pertaining to financial reporting and planning, budget preparation, and management of investments and debts;
(2) ensuring the short-term and long-term fiscal health of the institution;
(3) providing oversight of the business practices of the institution;
(4) aligning the institution's budget and strategic plans; and
(5) reporting the financial condition of the institution to the secretary, and the governing board and president of the institution on a regular basis.
b. The secretary, in consultation with the State Comptroller and the Attorney General, shall prescribe terms and conditions, consistent with applicable State and federal law, upon which a chief financial officer may be held accountable for violations of the fiduciary duties of that position, including incompetence, or for any dishonest, deceptive, or fraudulent practice.
L.2023, c.115, s.8.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-53.10 - State monitor, annual report to Governor, Legislature.

18A:3B-53.10 State monitor, annual report to Governor, Legislature.
10. A State monitor appointed to an institution pursuant to section 4 of this act shall report annually to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the fiscal condition of the institution at which the monitor is providing oversight and an assessment of the institution's progress toward regaining full institution control.
L.2023, c.115, s.10.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-54 - Additional authority of commission.

18A:3B-54 Additional authority of commission.
9. a. In addition to the authority granted to the Commission on Higher Education pursuant to section 14 of P.L.1994, c.48 (C.18A:3B-14), the commission shall develop and enforce a code of standards to define and regulate the types of activities in which a governmental affairs agent is permitted to engage on behalf of a public research university or a State college.
b. Under the code of standards established pursuant to subsection a. of this section, a governmental affairs agent, whether employed directly or retained under contract by the institution, shall be prohibited from using the position as an agent of the institution to:
(1) solicit political campaign contributions from the institution directly or through personnel on behalf of the institution;
(2) engage in or recommend on behalf of the institution any involvement in the partisan activities of specific political parties or candidates; or
(3) support or promote directly or indirectly on behalf of the institution any specific political party or individual for election or re-election.
Under the code of standards, the commission shall not prohibit a governmental affairs agent from engaging on behalf of a public research university or a State college concerning legitimate nonpartisan and bipartisan activities that are vital to the election process including, but not limited to, the scheduling and holding of on-campus political debates, voter-registration drives, and similar nonpartisan and bipartisan events and activities.
L.2009, c.308, s.9.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-55 - Notice of representation filed by governmental affairs agent, reports.

18A:3B-55 Notice of representation filed by governmental affairs agent, reports.
10. a. Notwithstanding any law, rule or regulation to the contrary, a governmental affairs agent who is retained by a governing board of a public research university or a State college shall file a notice of representation pursuant to section 4 of P.L.1971, c.183 (C.52:13C-21), quarterly reports specific to that representation pursuant to section 5 of P.L.1971, c.183 (C.52:13C-22), and annual reports specific to that representation pursuant to section 2 of P.L.1981, c.150 (C.52:13C-22.1). This requirement shall not be deemed to require filings by any person performing services as an employee of the public research university or State college.
b. The Election Law Enforcement Commission shall transmit to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a copy of an annual report filed by a governmental affairs agent pursuant to subsection a. of this section within 30 days following the filing of the report.
L.2009, c.308, s.10.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-56 - Approval of contract.

18A:3B-56 Approval of contract.
11. Any proposed contract to retain the services of a governmental affairs agent shall be considered by the governing board of a public research university or a State college at a public meeting and approval of the contract shall require the adoption of a resolution by a majority of the board members present at the meeting.
L.2009, c.308, s.11.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-57 - Policies concerning professional services contracts.

18A:3B-57 Policies concerning professional services contracts.
12. a. The governing board of a public research university or a State college shall establish policies concerning professional services contracts which, at a minimum, shall include procedures for the review of proposed professional services contracts to verify the need for the proposed services, determine whether conflicts of interest exist between the vendor and the institution, ensure appropriate procurement procedures are utilized, determine whether the proposed compensation is reasonable, and monitor the services delivered by the vendor.
b. The institution shall prepare an annual report on professional services contracts for submission to the institution's governing board.
L.2009, c.308, s.12.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-58 - Executive committee.

18A:3B-58 Executive committee.
13. The governing board of a public research university or a State college shall establish an executive committee composed of the chairman of the governing board, the vice-chairman, and the chairmen of any committees established by the board, and such other voting members as may be appointed by the board. The executive committee shall have a written charter that defines the committee's purpose, responsibilities, and its authority to act on behalf of the governing board between meetings of the full board.
The committee shall keep minutes of its meetings.
L.2009, c.308, s.13.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-59 - Compensation committee.

18A:3B-59 Compensation committee.
14. a. The governing board of a public research university or a State college shall establish a compensation committee. The compensation committee shall have a written charter that addresses the committee's purpose and responsibilities which shall include, but not be limited to:
(1) establishing and evaluating the compensation for the president, vice-presidents, and other senior administrators of the institution; and
(2) making recommendations to the board on issues relating to the compensation of the president, vice-presidents, and other senior administrators including the amounts, types, and components of compensation plans, and the performance measures and targets upon which institutional administrators shall be evaluated for purposes of calculating incentive awards.
b. The recommendations of the compensation committee shall be voted upon by the committee. The committee shall keep minutes of its meetings.
L.2009, c.308, s.14.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-60 - Nominations and governance committee.

18A:3B-60 Nominations and governance committee.
15. a. The governing board of a public research university or a State college shall establish a nominations and governance committee. The nominations and governance committee shall have a written charter that defines the committee's purpose and responsibilities which shall include, but need not be limited to:
(1) overseeing matters directly affecting the governance of the institution;
(2) periodically reviewing and updating board by-laws;
(3) identifying and screening candidates for membership on the governing board; and
(4) referring candidates to the governing board for the consideration of the board in making its recommendations to the Governor on potential new members.
b. In identifying candidates for appointment to the governing board, the committee shall seek individuals with skills that are appropriate to the mission of the institution and which complement the range of expertise contributed to the governing board by its existing members. The committee shall seek candidates of diverse background and experience, as well as those with ties to the institution.
The recommendations of the nominations and governance committee shall be voted upon by the committee. The committee shall keep minutes of its meetings.
c. The governing board of a public research university or a State college shall establish criteria for the identification, qualification, and recommendation of prospective candidates for appointment to the board. The criteria shall include qualification criteria that are consistent with the statutory responsibilities of the board and tailored to the institution.
L.2009, c.308, s.15.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-61 - Fundraising and development strategies.

18A:3B-61 Fundraising and development strategies.
16. The governing board of a public research university or a State college shall develop and implement fundraising and development strategies that encourage the active involvement of all board members and that, as may be appropriate, assist fundraising by institutional foundations.
L.2009, c.308, s.16.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-62 - Provision of information, orientation, training.

18A:3B-62 Provision of information, orientation, training.
17. A public research university and State college shall provide information, orientation, and training to each of its governing board members on the legal and ethical responsibilities of a member of the governing board. The training provided to governing board members shall be in accordance with the provisions of section 1 of P.L.2021, c.250 (C.18A:3B-6.3).
L.2009, c.308, s.17; amended 2021, c.250, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-63 - Procedure for change in programmatic mission.

18A:3B-63 Procedure for change in programmatic mission.
18. a. When a public research university or a State college determines to seek a change to its programmatic mission, the university or college shall submit to the commission:
(1) a notice of the intent to seek a change to the institution's programmatic mission; and
(2) a petition for approval for a change in the programmatic mission of the institution, when such petition is ready for submission. The petition shall include information on the long-term costs of the change in programmatic mission and a cost-benefit analysis of the expected impact of the change that considers the expected needs of the State and the potential impact of the change on other academic programs of the institution.
b. The commission shall issue its response to the petition within one year of its receipt.
L.2009, c.308, s.18.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-64 - Meeting convened by commission.

18A:3B-64 Meeting convened by commission.
19. The commission shall convene a meeting, at least once a year, of representatives of all public and independent institutions of higher education to discuss issues related to the development and implementation of new degree programs.
L.2009, c.308, s.19.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-66 - Reference to mean, refer to Secretary of Higher Education.

18A:3B-66 Reference to mean, refer to Secretary of Higher Education.
21. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the executive director of the New Jersey Commission on Higher Education, the same shall mean and refer to the Secretary of Higher Education.
L.2009, c.308, s.21.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-67 - Regulations.

18A:3B-67 Regulations.
22. The Commission on Higher Education shall adopt regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of this act.
L.2009, c.308, s.22.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-68 - Adoption of policy by public institutions of higher education.

18A:3B-68 Adoption of policy by public institutions of higher education.
28. a. A public institution of higher education shall adopt a policy to be included in its student code of conduct prohibiting harassment, intimidation, or bullying. The policy shall contain, at a minimum:
(1) A statement prohibiting harassment, intimidation, or bullying;
(2) Disciplinary actions which may result if a student commits an act of harassment, intimidation, or bullying; and
(3) A definition of harassment, intimidation, or bullying that at a minimum includes any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic, that takes place on the property of the institution of higher education or at any function sponsored by the institution of higher education, that substantially disrupts or interferes with the orderly operation of the institution or the rights of other students and that:
(a) a reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student's property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property;
(b) has the effect of insulting or demeaning any student or group of students; or
(c) creates a hostile educational environment for the student by interfering with a student's education or by severely or pervasively causing physical or emotional harm to the student.
b. The institution shall distribute the policy by email to each student within seven days of the start of each semester and shall post the policy on its website.
L.2010, c.122, s.28.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-69 - Emergency operations plan for institutions of higher education.

18A:3B-69 Emergency operations plan for institutions of higher education.
1. a. The governing board of each institution of higher education shall develop and coordinate an emergency operations plan to ensure the continuity of essential institution functions under all circumstances. The plan shall:
(1) identify a baseline of preparedness for all potential emergencies, including pandemics, to establish a viable capability to perform essential functions during any emergency that disrupts normal operations; and
(2) be coordinated with State and local authorities including, but not limited to, the State Office of Emergency Management, local law enforcement officers, county and local health officers, county offices of emergency management, and other emergency responders.
b. The plan shall include, but not be limited to, the following components: identification of essential functions, programs, and personnel; procedures to implement the plan; delegation of authority and lines of succession; identification of alternative facilities and related infrastructure, including those for communications; identification and protection of vital records and databases; and schedules and procedures for periodic tests, training, and exercises. The plan shall be consistent with the local emergency operations plan of the municipality in which the institution is located.
c. The governing board of the institution shall adopt and submit for review an emergency operations plan to the Secretary of Higher Education, the State Office of Emergency Management, the Department of Health, and the Office of Homeland Security and Preparedness within six months of the effective date of this act. The governing board shall review, update, and resubmit the plan to the offices every five years. If an emergency incident occurs at an institution during the five-year period, the plan shall be reviewed immediately.
d. The Office of Homeland Security and Preparedness, the State Office of Emergency Management, the Department of Health, and the Secretary of Higher Education shall review the emergency operations plan submitted by an institution of higher education pursuant to subsection c. of this section and, when necessary, shall in coordination with other State agencies make recommendations to the institution for improving the plan that are deemed necessary.
e. Any plan prepared pursuant to this section shall not be considered a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection, copying, or the purchase of copies.
L.2011, c.214, s.1; amended 2012, c.17, s.73.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-70 - Substance abuse recovery housing programs at certain institutions of higher education.

18A:3B-70 Substance abuse recovery housing programs at certain institutions of higher education.
1. a. Within four years after the effective date of this act, each four-year public institution of higher education, in which at least 25% of the undergraduate students live in on-campus housing, shall establish a substance use disorder recovery housing program. The purpose of the program shall be to provide a supportive substance-free dormitory environment that recognizes the unique risks and challenges that recovering students face, and that provides support programs to recovering students who reside in the recovery housing to assist their efforts to remain substance-free. The program shall include on-site counseling, mentoring, peer support, and other appropriate services. An institution may designate a floor, wing, or other designated area within a dormitory building for the substance use disorder recovery housing program, and shall not be required to designate an entire dormitory building for the program.
b. The institution shall apply for any federal, State, corporate, or other grant funding that may be available to implement the substance use disorder recovery housing program.
L.2015, c.92, s.1; amended 2023, c.177, s.28.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-71 - Report of criminal and fire events at public institutions of higher education.

18A:3B-71 Report of criminal and fire events at public institutions of higher education.
1. The president of each public institution of higher education, or his designee, shall report to the governing board of the institution, at each of its regular meetings, all crimes, fires, and other emergencies which occurred on campus during the previous reporting period. The report shall include: a count and classification of all criminal incidents which occurred on campus and which were recorded by campus security and campus or local police departments; a list of campus alerts, threats, or emergencies which occurred on campus; and a count and classification of all fire incidents which occurred on campus and which were recorded by campus security and local fire departments. The report may also include: the status of all investigations of such acts or events, the type and nature of any discipline imposed on any student or employee identified as causing or contributing to an act or event; and any other measures imposed, training conducted, or programs implemented, to reduce the incidence of such acts and events.
For all matters in the report not subject to public inspection, examination, or copying under the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.); any other statute; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; or any federal law, federal regulation, or federal order, such matters shall be reported by the president to the board in an executive session and such reporting shall not render the information a government record available for inspection under the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.); any other statute; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; or any federal law, federal regulation, or federal order.
L.2015, c.220, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-73.1 - Higher education student identification cards with New Jersey Suicide Prevention Hopeline contact information.

18A:3B-73.1 Higher education student identification cards with New Jersey Suicide Prevention Hopeline contact information.
2. An institution of higher education that issues student identification cards shall have printed on the back of the student identification cards the telephone number for the New Jersey Suicide Prevention Hopeline (NJ Hopeline) and contact information for a crisis text line.
L.2021, c.261, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-73.2 - National Suicide Prevention Lifeline, provision of contact information.

18A:3B-73.2 National Suicide Prevention Lifeline, provision of contact information.
3. A public school that includes any of the grades seven through 12 and that issues student identification cards, and an institution of higher education that issues student identification cards, may, in addition to the telephone number for the NJ Hopeline and contact information for a crisis text line, provide contact information for the National Suicide Prevention Lifeline, an on-campus crisis center, or any other mental health support service.
L.2021, c.261, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-74 - Institution of higher education prohibited from pregnancy discrimination; written policy.

18A:3B-74 Institution of higher education prohibited from pregnancy discrimination; written policy.
1. a. An institution of higher education offering associate, baccalaureate, or graduate degree programs shall be prohibited from requiring a student to take a leave of absence, withdraw from an associate, baccalaureate, or graduate program, or limit the student's studies solely due to pregnancy or pregnancy-related issues.
b. An institution of higher education offering associate, baccalaureate, or graduate degree programs shall provide reasonable accommodations to a pregnant student to enable the student to complete coursework and research. Reasonable accommodations to a pregnant student shall include, but need not be limited to, allowances for the student's health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, allowing a student to take a leave of absence, and excusing medically-necessary absences.
c. An institution of higher education offering associate, baccalaureate, or graduate degree programs shall develop and adopt a written policy for students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX of the Education Amendments of 1972, 20 U.S.C. s.1681 et seq. or under P.L.2016, c.88 (C.18A:3B-74 et seq.). A copy of the policy shall annually be made available to all faculty, staff, and employees. The policy shall be distributed to all students attending orientation sessions at the institution.
L.2016, c.88, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-75 - Leave of absence for graduate student.

18A:3B-75 Leave of absence for graduate student.
2. a. A graduate student who chooses to take a leave of absence because she is pregnant or has recently given birth shall be allowed a period consistent with the policies of the institution of higher education in which she is enrolled, or a period of 12 months, whichever period is longer, to prepare for and take preliminary and qualifying examinations. The normative time to degree while in candidacy for a graduate degree for a pregnant graduate student shall be increased in an amount equal to the length of the leave of absence, unless a longer extension is medically necessary.
b. A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the student's child shall be allowed a period consistent with the policies of the institution of higher education at which the student is enrolled, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the student's partner or their child.
L.2016, c.88, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-76 - Return to program in good academic standing.

18A:3B-76 Return to program in good academic standing.
3. a. An enrolled student in good academic standing who chooses to take a leave of absence because she is pregnant or has recently given birth shall return to the associate, baccalaureate, or graduate program in good academic standing following a leave period consistent with the policies of the institution of higher education at which the student is enrolled or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case her standing in the associate, baccalaureate, or graduate program shall be maintained during that period of absence.
b. An enrolled student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the student's child shall return to the associate, baccalaureate, or graduate program in good academic standing following a leave period consistent with the policies of the institution of higher education at which the student is enrolled, or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution.
L.2016, c.88, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:3B-77 - Limit on payment to speakers at public institutions of higher education.

18A:3B-77 Limit on payment to speakers at public institutions of higher education.
1. A public institution of higher education shall not use State funds in excess of $10,000 to pay an individual for any speaking engagement at or hosted by the institution, including the commencement address at any graduation ceremony conducted by the institution. In the event that an institution violates the provisions of this section, the State Treasurer shall debit from the institution's State operating aid an amount equal to the amount paid by the institution to the speaker.
L.2017, c.61, s.1.