Governing Statutes

Stockton University is a state university and therefore subject to the laws and regulations of the State of New Jersey. The following links provide information as to significant policies, federal and state laws and regulations with which the Institution must comply. We acknowledge and thank each of the government and private entities credited below for the use of information on their websites to provide this resource.

NOTICE OF NON-DISCRIMINATION

STATE PROVISIONS

The "State College Contracts Law" 18A:64-52 et seq. governs the University's purchases, contracts, agreements, advertising, bidding and award of contracts for construction or professional services and sale of personal property. This statute can be found at the following website:
http://www.tcnj.edu/~budfin/documents/State%20College%20Contracts%20Law.pdf

The New Jersey Prevailing Wage Act stipulates the payment of minimum wage rates (called prevailing wage rates) for workers on construction projects that are subsidized by public funds, and establishes a fair bidding mechanism for both union and non-union workers, craftsmen and apprentices employed on public works projects. Workers covered by the Act must receive the appropriate prevailing wage rate for their particular trade as determined by the Commissioner of Labor and Workforce Development. Prevailing wage rates are wage rates based on the collective bargaining agreements established for a particular craft or trade in the locality in which the public work is performed. In New Jersey, these rates vary by county and by the type of work performed.

Anyone interested in bidding on or engaging in any contract (or part thereof) for public work which is subject to the provisions of the Prevailing Wage Act must register with the Division of Wage and Hour Compliance, as required by the Public Works Contractor Registration Act (PWCRA) P.L. 1999, c.238-N.J.S.A. 34:11-56.48 et seq., which establishes a unified procedure for the registration of contractors and subcontractors engaged in public works building projects. The PWCRA requires an annual registration fee of $300. (Credit: Dept. of Labor State of NJ website)
Further details on public contracting can be found at:
http://lwd.dol.state.nj.us/labor/wagehour/lawregs/prevailing_wage_law.html

The NJ Division of Community Affairs requires all business organizations that do business with a local contracting agency, including universities, to be registered with the State, and provide proof of the registration to the contracting agency, before the agency enters into a contract (having a value in excess of $4,950.00) with the business.

The purpose of contractor registration (which is separate from requirements of the Public Works Contractor Registration Act) is to ensure that all businesses and their subsidiaries, receiving government contracts pay appropriate sales and use, and other taxes. While sales and use taxes are not paid on government contracts, the requirement to register to obtain government contracts obligates them to comply with the law on non-government contracts. Businesses particularly out of state businesses competing with New Jersey based businesses often do not pay the required taxes. Thus, unregistered businesses take unfair advantage of New Jersey businesses and deprive the State of its rightfully due taxes. (Credit: DCA 2004 local finance notice regarding P.L. 2004, c.57)
For more information go to:
http://www.state.nj.us/njbusiness/registration/

The Division of Minority and Women Business Development was created in 2006 by Executive Order 34 to help women and minorities succeed in business. This division tracks, monitors and reports on dollars spent with minority and women-owned businesses across the state departments and agencies. Further, now every state agency department, authority and college/university is required to designate a liaison to work with this division to complete its mission. By registering with the State of New Jersey, an M/WBE can receive financial assistance, information on government programs and access to state bids. (credit: State of NJ "Taking Care of Business" website)
The State's website provides forms and detailed information:
http://www.state.nj.us/njbusiness/contracting/

The State of New Jersey established a "set aside" program to assist small business owners. The goal of this program is to award approximately 25% of state contracts and purchase order dollars to registered small businesses. The eligibility criteria for the small business set-aside program is set forth in N.J.A.C. 12A:10 (N.J.A.C. 17:13) and N.J.A.C. 12A:10A (N.J.A.C. 17:14) Guidelines, registration, and assistance can be found at:
http://www.state.nj.us/njbusiness/contracting/sbsa/

Copyright Law
The intent of a Copyright is to protect "intellectual property" created by an individual(s). Intellectual property or original works of authorship are defined by the US Copyright Office as:

1) Literary works; including databases and computer programs
2) Musical works, including any accompanying words
3) Dramatic works, including any accompanying music
4) Pantomimes and choreographic works
5) Pictorial, graphic, and sculptural works
6) Motion pictures and other audiovisual works
7) Sound recordings
8) Architectural works

Stockton University encourages students, faculty, and staff to become familiar with the basics of the Copyright Law. The following websites can assist with that understanding and other related information:

Stockton University Computer Services; Computer Usage and Copyrights:
https://intraweb.stockton.edu/eyos/page.cfm?siteID=39&pageID=86

US Copyright Law:
http://www.copyright.gov/

University of Texas' Crash Course:
http://copyright.lib.utexas.edu/ 

Copyright Use Procedure for University Faculty/Staff
University Faculty and Staff should follow the University's Copyright Procedures, when ordering copies of course packs and other materials containing copyrighted materials from the University Print Shop. Where copyright approval is not obtained, the completed Fair Use Checklist contained in the Copyright Procedures must be sumitted to the Print Shop at the time of your order.

Copyright Guidelines for Exhibiting Movies and other Audiovisual Works*
The purchase, renting, borrowing of a movie on a DVD or tape, created by someone other than you, does not allow for you to show it in a public setting, such as an auditorium, gymnasium, church hall, etc. You are restricted to showing only to family and friends in a non-public area, such as your house. You must obtain a license to show the movie to the public or in a classroom setting. Additional information can be found at the following websites:
http://www.nacua.org/documents/CopyrightMovies.pdf

http://www.copyright.gov/legislation/pl109-9.html

The Federal Government created the Family Education Rights and Privacy Act, to protect students' educational records. These records include transcripts, grades, schedules, social security number, student ID number, race, ethnicity, and gender. The regulation applies to education records in written, printed, and media format (video, computer data, film, photos). The law familiarly known as FERPA not only ensures confidentiality of students' educational records but also grants certain rights to students provided they are 18 years old:

  • Access to educational records
  • The right to request the correction of records
  • The right to file a complaint with the U.S. Department of Education, if educational records are released without student consent.
  • The right to know the location, content, and purpose of the information

FERPA also grants the right of the student to restrict the release of directory information which includes name, address, phone number, and email address, dates of attendance, degree(s) awarded, enrollment status, and major field of study.

Stockton University's FERPA policy can be reviewed at the following website: https://intraweb.stockton.edu/eyos/sturecords/content/docs/forms/FERPA%20Policy.pdf

You can also review the U.S. Department of Education's website at:
http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

The Clery Act is considered by many to be a landmark Federal law, as it requires timely warnings to students and employees, when a threat of crime is perceived to be repeatable or ongoing. Prior to the law being passed, most colleges and universities did not report crimes to students, parents, employees, and the FBI. The Act, officially known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, was named after Jeanne Cleary, a Lehigh University student who was tortured, and murdered in her dormitory room. After their daughter's murder, Connie and Howard Clery learned about 38 violent crimes that had occurred on Lehigh's campus during the previous three years. Together with the campus crime victims, the Clerys were successful in getting Congress to pass the Crime Awareness and Campus Security Act of 1990. The law was renamed after their daughter as part of a 1998 amendment.

The Clery Act is enforced by the U.S. Department of Education. Institutions must issue an annual report of crimes committed over a three year period, and submit a copy to the Department of Education. Those institutions having security or a police force must also publish a daily detailed public log of all crimes. Crimes are categorized by type (homicide, sex offenses, non-sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson) and location.

For further information, refer to the University's Police Department, Clery Act Information Report at www.stockton.edu/police

You can also visit the U.S. Government's information about the Clery Act at:
http://www.ed.gov/admins/lead/safety/campus.html

Since the early 1960's the Federal Government has created laws to prevent discrimination. These laws are the Equal Pay Act of 1963, Title VII of The Civil Rights Act of 1964, and the Age Discrimination in Employment Act of 1967. In 1973, the Government introduced a law prohibiting employment discrimination against people with disabilities in the Federal Sector. But it was not until 1990 that the Americans with Disabilities Act was passed, which broadened employment discrimination against people with disabilities. The ADA also protects students and parents, as well as employees, from disability discrimination. The Civil Rights Act of 1991 provides for monetary compensation in cases of proven employment discrimination.

Many regulations have been established over the years since these laws were passed; all with the intent to prevent discrimination, promote equality, and to provide the means to report and pursue discrimination complaints. Because most institutions of higher education receive federal funding, they too are responsible for adherence to the anti-discrimination regulations.

The State of New Jersey complies and enforces the Federal discrimination laws, through state law - LAD (Law Against Discrimination) 10:5-1 It is a comprehensive regulation as it specifies additional categories of unlawful discrimination to include AIDS and HIV status, domestic partnership status, sexual orientation, hereditary cellular or blood trait, and genetic information. It also stipulates that public places must provide reasonable accommodation for the disabled and update its policies and procedures to that effect.For further information on Federal or State Laws on Discrimination, please visit the websites listed below:

http://www.eeoc.gov/

http://www.disabilityinfo.gov/digov-public/public/DisplayPage.do?parentFolderId=84

http://www.ed.gov/about/offices/list/ocr/qa-disability.html

http://www.state.nj.us/lps/dcr/law.html

No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance.

 

Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964

The intent of Title IX is to ensure that Educational Institutions that receive Federal funding do not permit sex discrimination against students and employees. Furthermore, the Institution must maintain policies, procedures and programs that do not discriminate because of sex. Fair and equitable treatment of students and employees must be given in all aspects of the campus and programs.

Amendments to the law now protect the blind and "whistle blowers". For further nformation, see the government's website: http://www.dol.gov/oasam/regs/statutes/titleix.htm

Institutional Diversity and Equity

Over twenty-five years ago, Stockton University created its mission statement, in which Stockton expresses its value of diversity, and its commitment to Affirmative Action with the composition of the student body, faculty, and staff. To achieve this aspect of its mission, the University created an Institutional Diversity and Equity Office, adopted an Affirmative Action policy for employees and students, and to date is still committed to Affirmative Action. For more information, refer to the Office of Institutional Diversity & Equity website:

Code of Ethics
Regulations from the Executive Commission of Ethical Stands, and the Commission of Higher Education, require that state colleges establish a Code of Ethics Policy.  Stockton University’s policy governs/guides the conduct of its officers and employees. To review this policy, go to the following website:
http://president.stockton.edu/ethics/Code_of_Ethics-REV-11.30.2006.pdf