N.J. Stat. tit. 18A, ch. 3

N.J. Stat. tit. 18A, ch. 3
in effect

N.J. Stat. § 18A:3-5 1966, c. 302, article (C. 18:21A-34 to C. 18:21A-44 incl.)

ARTICLE V 34. All appropriations and other moneys available and to become available to any department, division, bureau or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education, are hereby transferred to the Department of Higher Education established hereunder, and shall be available for the objects and purposes for which appropriated, subject to any terms, restrictions, limitations or other requirements imposed by State or Federal law. 35. Such employees of any department, commission, council, board, authority, office or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any office, authority or agency designated, continued or constituted therein, as the Board of Higher Education may determine are needed for the proper performance of the functions and duties imposed upon the Department of Higher Education, or such office, authority or agency therein, are hereby transferred to the department, office, authority or agency to which such functions, powers and duties have been herein assigned or transferred. 36. Nothing in this act shall be construed to deprive any person of any tenure rights or of any right or protection provided him by Title 11, Civil Service, of the Revised Statutes, or under any pension law or retirement system. 37. All files, books, papers, records, equipment and other property of any department, commission, council, board, office, authority or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any office, authority or agency designated, continued or constituted hereunder, shall upon the effective date of this act be transferred to the department, office, authority or agency to which such assignment or transfer has been made hereunder. 38. This act shall not affect the orders, rules and regulations heretofore made or promulgated by any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any officer, authority or agency designated, continued or constituted hereunder; but such orders, rules and regulations shall continue with full force and effect until amended or repealed pursuant to law. 39. This act shall not affect actions or proceedings, civil or criminal, brought by or against any department, commission, council, board, authority, officer or other agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any officer, authority or agency designated, continued or constituted hereunder, and pending on the effective date of this act, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department, officer, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, any department, commission, council, board, officer, authority or agency, the functions, powers and duties of which have been herein assigned or transferred to the Department of Higher Education or to any officer, authority or agency designated, continued or instituted hereunder, and all such matters or proceedings pending before such department, commission, council, board, officer, authority or other agency on the effective date of this act shall be continued by the department, officer, authority or agency to which such assignment or transfer has been made hereunder, as if the foregoing provisions had not taken effect. 40. Unless specifically otherwise provided in this act or by any operative law, whenever, pursuant to existing law, reports, certifications, applications or requests are required or permitted to be made to the department, board, division, commission, office or officer, whose powers and duties are herein assigned or transferred, such reports and certifications shall hereafter be required to be filed with, and such applications or requests shall hereafter be made to, the department, officer or agency to which such assignment or transfer has been made hereunder. 41. Whenever the term "State Board of Education" occurs or any reference is made thereto, the same shall be deemed to mean or refer to the Department of Higher Education and whenever the term "commissioner" occurs or any reference is made thereto, the same shall be deemed to mean or refer to the chancellor in any statute in Title 18 of the Revised Statutes which is applicable to any public institution of higher education. 42. This act being deemed and hereby declared necessary for the welfare of the State and the people of New Jersey to provide for the development of public higher education in the State and thereby to increase the efficiency of the public school system of the State, shall be liberally construed to effectuate the purposes and intent thereof. 43. All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed; provided, however, that nothing in this act shall be construed as expressly or impliedly repealing any provision of the "Rutgers, The State University Act of 1956," P.L.1956, c. 61. 44. There is hereby appropriated to the Department of Higher Education the sum of $75,000.00 to carry out the purpose of this act for the fiscal period ending June 30, 1967. 45. This act shall be known as, and may be cited as, the "Higher Education Act of 1966." 46. Section 44 of this act shall take effect immediately and the remainder of this act shall take effect on July 1, 1967, except that any appointment, and any confirmation or approval of any appointment, permitted by this act may be made prior to such date and the Department of Higher Education may expend such funds prior to said date as may be necessary to provide for the orderly transfer to the department of the powers and duties herein prescribed.

N.J. Stat. § 18A:3-14.1 Annual report of sources of financial assistance

1. The Office of Student Assistance shall prepare on an annual basis a concise report which lists all sources of financial assistance, including but not limited to scholarships and loans, available to citizens of this State who now attend or who plan to attend any institution of higher education. The report shall supply the name and address of each source, identify the form of the financial assistance, and indicate that the source of funds is public or private. L.1969,c.178,s.1; amended 1994,c.48,s.35.

N.J. Stat. § 18A:3-14.2 Distribution of report

This report shall be distributed to each public and private secondary school in this State, and upon request, to any citizen of this State. L.1969, c. 178, s. 2, eff. Oct. 14, 1969.

N.J. Stat. § 18A:3-15.1 Deceptive diploma practices

A person shall not with the intent to deceive buy, sell, make or alter, give, issue, obtain or attempt to obtain any diploma or other document purporting to confer any academic degree, or which certifies the completion in whole or in part of any course of study in any institution of higher education. L. 1986, c. 87, s. 1, eff. Aug. 14, 1986.

N.J. Stat. § 18A:3-15.2 Use of fraudulent degree

A person or other legal entity shall not use, or attempt to use, in connection with any business, trade, profession or occupation any academic degree or certification of degree or degree credit, including but not limited to a transcript of course work, which has been fraudulently issued, obtained, forged or altered. A person shall not, with intent to deceive, falsely represent himself as having received any such degree or credentiaL. L. 1986, c. 87, s. 2, eff. Aug. 14, 1986.

N.J. Stat. § 18A:3-15.3 Letter designation restricted

3. A person shall not append to his name any letters in the same form designated by the Commission on Higher Education as entitled to the protection accorded to an academic degree unless the person has received from a duly authorized institution of higher education the degree or certificate for which the letters are registered. For the purposes of this section, a duly authorized institution of higher education means an in-State institution licensed by the Commission on Higher Education or an out-of-State institution licensed by the appropriate state agency and regionally accredited or seeking accreditation by the appropriate accrediting body recognized by the Council on Postsecondary Education or the United States Department of Education. L.1986,c.87,s.3; amended 1994,c.48,s.36.

N.J. Stat. § 18A:3-15.4 Out-of-State degrees.

4. An in-State university, college, business, trade or vocational school may not offer, advertise, or by agreement with an out-of-State institution, offer or advertise any academic degree from any out-of-State university, college, business, trade or vocational school when three-quarters or more of the degree requirements are obtained by course work completed at the institution in New Jersey unless the degree program was approved by the Board of Higher Education prior to July, 1994, or has been reviewed by the New Jersey Presidents' Council pursuant to section 8 of P.L.1994, c.48 (C.18A:3B-8) or is a degree program at an institution specifically exempted from the provisions of N.J.S.18A:68-6. No in-State university, college, business, trade or vocational school may deliver such a degree program unless licensed by the Commission on Higher Education, following review by the council. L.1986,c.87,s.4; amended 1994, c.48, s.37; 1999, c. 46, s.26.

N.J. Stat. § 18A:3-15.5 Civil penalty

Any person who violates any provision of this act is liable to a civil penalty of $1,000.00 for each offense, which shall be collected pursuant to the provisions of "the penalty enforcement law," N.J.S. 2A:58-1 et seq. L. 1986, c. 87, s. 5, eff. Aug. 14, 1986.

N.J. Stat. § 18A:3-19.1 Definitions

As used in this act: "Foreign government" means any government other than the government of the United States or of its states, territories or possessions or any political subdivision thereof. "Foreign legal entity" means a. any legal entity created under the laws of a foreign government or b. any legal entity created under the laws of the United States or any of its political subdivisions if a majority of the ownership of that legal entity is directly or indirectly held legally or beneficially by one or more foreign governments or one or more foreign persons or one or more legal entities created under the laws of a foreign government and includes an agent acting for the legal entity. "Foreign person" means any individual who is not a citizen of or resident alien of the United States or of its territories or possessions and includes an agent acting for the foreign person. "Gift" means any endowment, gift, grant, contract, award, present or property of any kind. L. 1987, c. 53, s. 1.

N.J. Stat. § 18A:3-19.2 Disclosure of foreign gifts

2. Every institution of higher education licensed by the Commission on Higher Education to award an academic degree shall disclose the amount, terms, restrictions and requirements attached to or made a part of any gift of value in excess of $100,000.00 made to the institution by a foreign government, foreign legal entity or foreign person in any one fiscal year. If the foreign government, foreign legal entity or foreign person makes more than one gift to an institution, and the total value of those gifts in any one fiscal year exceeds $100,000.00, the institution shall report all of the gifts received. L.1987,c.53,s.2; amended 1994,c.48,s.38.

N.J. Stat. § 18A:3-19.3 Information to the Department of the Treasury

3. This information shall be forwarded to the Department of the Treasury no later than 30 days after the last day of the fiscal year. The information shall include: a. The amount of the gift. b. The date on which it was received. c. Full details of any conditions, matching provisions, or designation of the gift for a specific purpose. d. The name of the foreign government in the case of a gift by a foreign government; the name of the foreign entity in the case of a gift by a foreign entity; and the name of the foreign country in which a foreign person is located or resides in the case of a gift by a foreign person. e. The purpose or purposes for which the gift will be used. L.1987,c.53,s.3; amended 1994,c.48,s.39.

N.J. Stat. § 18A:3-19.4 Public record

This information shall be a matter of public record and shall be made available by the department to the general public for review and copying during normal business hours. L. 1987, c. 53, s. 4.

N.J. Stat. § 18A:3-24 Findings, declarations

1. The Legislature finds and declares that the well-being and safety of college and university students who are members of or are attempting to become members of fraternities and sororities and other similar campus organizations requires a delineation of the responsibilities of those organizations in regard to rush or pledge activities and a declaration of a bill of rights for those students who participate in such activities. L.1991,c.388,s.1.

N.J. Stat. § 18A:3-25 Pledge's Bill of Rights

2. The Attorney General shall develop a "Pledge's Bill of Rights" which outlines acceptable and unacceptable behavior and activities in regard to the pledge or rushing activities of college and university fraternities and sororities and other similar campus organizations. In developing the bill of rights, the Attorney General shall review the existing pledge and anti-hazing policies and procedures of public and independent institutions of higher education within the State and shall, as appropriate, incorporate those policies into the bill of rights. The Attorney General shall make the "Pledge's Bill of Rights" available to each institution of higher education within the State. L.1991,c.388,s.2; amended 1994,c.48,s.40.

N.J. Stat. § 18A:3-26 Information on hazing included

3. The bill of rights developed by the Attorney General pursuant to section 2 of P.L.1991, c.388 (C.18A:3-25) shall include information on the criminal penalties for hazing and aggravated hazing established pursuant to P.L.1980, c.169 (C.2C:40-3 et seq.). L.1991,c.388,s.3; amended 1994,c.48,s.41.

N.J. Stat. § 18A:3-27 Distribution

4. Every public and independent institution of higher education within the State shall ensure that any student who participates in pledging activities at that institution receives a copy of the "Pledge's Bill of Rights." L.1991,c.388,s.4.

N.J. Stat. § 18A:3-27.1 Definitions relative to hazing.

1. As used in sections 2 through 4 of P.L.2021, c.208 (C.18A:3-27.1 through C.18A:3-27.4): "Hazing" means conduct in connection with an initiation of applicants to or members of a student or fraternal organization as described in section 1 of P.L.1980, c.169 (C.2C:40-3). "Organization" means a fraternity, sorority, association, corporation, order, society, corps, club or service, social or similar group, whose members are primarily minors, students, or alumni of the organization or an institution of higher education; or a national or international organization with which such a group is affiliated. "Student" means an individual who attends or has applied to attend or has been admitted to an institution of higher education. L.2021, c.208, s.1.

N.J. Stat. § 18A:3-27.2 Adoption of written policy against hazing.

2. Each public and independent institution of higher education shall adopt a written policy against hazing and, pursuant to that policy, adopt rules prohibiting students or other persons associated with an organization operating under the sanction of, or recognized as, an organization by the institution from engaging in hazing. The institution of higher education shall post the policy at a publicly accessible location on the institution's Internet website and shall provide a copy of the policy, including the institution's rules, penalties, and program of enforcement, to each organization within the institution. L.2021, c.208, s.2.

N.J. Stat. § 18A:3-27.3 Program for enforcement of policy against hazing.

3. a. Each public and independent institution of higher education shall provide a program for the enforcement of the policy against hazing required under section 2 of P.L.2021, c.208 (C.18A:3-27.2) and shall adopt appropriate penalties for violations of the policy to be administered by the individual or agency at the institution responsible for the sanctioning or recognition of the organization covered by the policy or by such other individual or agency deemed appropriate by the institution. b. The penalties for violations of the policy may include: (1) imposition of fines; (2) the withholding of diplomas or transcripts pending compliance with the rules or payment of fines; (3) the rescission of permission for the organization to operate on campus or to otherwise operate under the sanction or recognition of the institution; and (4) the imposition of probation, suspension, dismissal, or expulsion. c. A penalty imposed under this section shall be in addition to a penalty imposed for a violation of any other institutional rule to which the violator may be subject. d. A policy adopted under section 2 of P.L.2021, c.208 (C.18A:3-27.2) shall apply to each act conducted on or off campus if the acts are deemed to constitute hazing. L.2021, c.208, s.3.

N.J. Stat. § 18A:3-27.4 Report on violations.

4. a. Each public and independent institution of higher education shall maintain a report which shall include information on all violations of the institution's anti-hazing policy and federal and State laws related to hazing that are reported to the institution. Information on a reported violation shall be retained by the institution for five years. b. The report shall include: (1) the date when the subject was charged with a violation of the institution's anti-hazing policy or a federal or State law related to hazing; (2) a general description of the violation, any investigation and findings by the institution and, if applicable, penalties imposed; and (3) the date the matter was resolved. c. An institution shall post the initial report at a publicly accessible location on the institution's Internet website by January 15, 2022. The initial report shall include information concerning violations that have been reported to the institution for the five consecutive years prior to the effective date of this act, to the extent the institution has retained information concerning the violations. An institution shall post an updated report biannually on January 1 and August 1. d. The report shall not include the personal identifying information of an individual. L.2021, c.208, s.4.

N.J. Stat. § 18A:3-28 Display, certain, of students' social security numbers prohibited.

1. No public or independent institution of higher education in the State shall display any student's social security number to identify that student for posting or public listing of grades, on class rosters or other lists provided to teachers, on student identification cards, in student directories or similar listings, unless otherwise required in accordance with applicable State or federal law. L.2005,c.28,s.1.

N.J. Stat. § 18A:3-29 Definitions relative to disclosure of personal information for certain electronic communications devices to institutions of higher education.

1. For purposes of this act: "Applicant" means an applicant for admission into a public or private institution of higher education. "Electronic communications device" means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device. "Public or private institution of higher education" means any public or private institution of higher education or any employee, agent, representative, or designee of the institution. "Social networking website" means an Internet-based service that allows individuals to construct a public or semi-public profile within a bounded system created by the service, create a list of other users with whom they share a connection within the system, and view and navigate their list of connections and those made by others within the system. L.2012, c.75, s.1.

N.J. Stat. § 18A:3-30 Actions prohibited by institution of higher education.

2. No public or private institution of higher education in this State shall: a. Require a student or applicant to provide or disclose any user name or password, or in any way provide access to, a personal account or service through an electronic communications device. b. In any way inquire as to whether a student or applicant has an account or profile on a social networking website. c. Prohibit a student or applicant from participating in activities sanctioned by the institution of higher education, or in any other way discriminate or retaliate against a student or applicant, as a result of the student or applicant refusing to provide or disclose any user name, password, or other means for accessing a personal account or service through an electronic communications device as provided in subsection a. of this section. L.2012, c.75, s.2.

N.J. Stat. § 18A:3-31 Waiver, limitation of protection by student, requirement prohibited.

3. No public or private institution of higher education in this State shall require a student or applicant to waive or limit any protection granted under this act. An agreement to waive any right or protection under this act is against the public policy of this State and is void and unenforceable. L.2012, c.75, s.3.

N.J. Stat. § 18A:3-32 Violations, remedies.

4. Upon violation of any provision of this act, an aggrieved person may, in addition to any other available remedy, institute a civil action in a court of competent jurisdiction, within one year from the date of the alleged violation. In response to the action, the court may, as it deems appropriate, order or award any one or more of the following: a. With respect to an applicant: (1) injunctive relief; (2) compensatory and consequential damages incurred by the applicant as a result of the violation, taking into consideration any failure to admit the applicant in connection with the violation; and (3) reasonable attorneys' fees and court costs. b. With respect to a current or former student: (1) injunctive relief as it deems appropriate; (2) compensatory and consequential damages incurred by the student or former student as a result of the violation; and (3) reasonable attorneys' fees and court costs. L.2012, c.75, s.4.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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