II. Student Code of Conduct

The Student Code of Conduct shall apply to conduct that occurs on University premises, at University-sponsored activities and off-campus conduct. The Code applies to any setting wherein the student is present as a representative of St. John's University.  Each student shall be responsible for his or her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.

The following behaviors do not meet the expectations of a student or student organization at St. John's University and are therefore considered violations of the Student Code of Conduct and are subject to disciplinary action:

Alcohol

The sale, use, distribution, consumption or procurement of alcoholic beverages on University premises is prohibited. The sale, use, distribution, consumption or procurement of alcoholic beverages for anyone who is under the age of twenty-one (21); being in the presence of alcohol on University premises; suspicion of alcohol intoxication; the use of false identification to procure alcohol. Students are expected to abide by all federal and state laws regarding alcohol.

Assault

Intentionally inflicting bodily harm upon any person; taking reckless action that results in harm to any person; or threatening by any means of transmission the use of force to harm or injure any person.

Civil/Criminal Law

Any student who is found responsible for any state, federal or municipal law may be subject to disciplinary action for said offenses.

Compliance

Failure to comply with the directions or requests of a member of the University community acting in the performance of his or her duties.

Compliance with Emergency Regulations

Failure to comply with specific emergency regulations and evacuation procedures for buildings on University premises.

Compliance with Student Conduct Process

Failure to complete the sanctions imposed on a student who previously participated in the student conduct process.

Complicity

Attempts to commit acts prohibited by the Student Code of Conduct or encouraging others to commit acts prohibited by the Student Code of Conduct may be addressed to the same extent as completed violations. A student may be found complicit if he or she is aware of a violation of the Student Code of Conduct and has the ability to report the violation, but fails to do so or fails to remove oneself from reasonable proximity of the violation.

Computing and Cyber Harassment

Using information and communication technologies as means of intimidation, harassment or unwarranted interruption. This includes, but is not limited to, email, social networking sites, the Internet, cellular phones and video recorders. The procurement and/or transmission of videos or photographs of another individual without his or her expressed permission are prohibited.

Core Values

Any conduct which is inconsistent with the Core Values of St. John’s University. Please refer to the Statement on Core Values for more information.

Damage to Property

Damaging property of the University or that of a member of the University community, a campus visitor while on University premises, or the property of a local resident.

Disorderly Conduct

Engaging in behavior that is destructive, dangerous, harmful, obstructive or disorderly. Conduct that is unreasonable in the time, place or manner in which it occurs.

Drugs

The use (or being in the presence of the use), possession, distribution or manufacturing of narcotic or dangerous drugs or any illegal or controlled substances, except as expressly permitted by law or those prescribed by a physician and kept in their labeled containers.  Being in the presence of narcotic or dangerous drugs and/or illegal or controlled substances on University premises or off-campus is prohibited. Use, possession, distribution or the manufacturing of plants or chemicals to induce an altered state of consciousness is prohibited. Students are expected to abide by all federal and state laws regarding illegal or controlled substances.

False Information

Knowingly furnishing false information in any form to a member of the University community.

False Reporting of an Emergency

Intentionally making a false report of a bomb, fire, attack, or other emergency.

Fire Safety

Tampering with or misusing fire alarms or obstructing the functioning of fire alarms, fire exits, fire-fighting equipment, smoke/heat detectors and sprinkler systems on University premises. Additionally, causing or creating a fire; the use of all open flame devices such as (but not limited to): incense, candles, kerosene lamps, hibachis, and barbecue grills; the use of natural trees or wreaths; and the use of any and all fireworks.

Forgery/Fraud

Forgery, alteration or misuse of University documents, records or identification.

Gambling

Gambling in any form is prohibited on all University premises.

Harassment

Any behavior (verbal, written, or physical) that abuses, assails, intimidates, demeans, victimizes or has the effect of creating a hostile environment for any person.

Intimate Partner Violence

Intimate partner violence refers to any physical, sexual or psychological harm against an individual by a current or former partner or spouse of the individual. In addition, this policy includes any willful intimidation, battery or sexual assault committed by a family member, household member, domestic partner or intimate partner and is prohibited. This policy also includes harm against individuals in heterosexual and same-sex relationships, but does not require sexual intimacy between the individual and such partner/spouse.

Hazing

Hazing means an act that as an explicit or implicit condition for initiation to, admission to, affiliation with, or continued membership in a group or organization, (1) could be seen by a reasonable person as endangering the physical health of an individual or as causing mental distress to an individual through, for example, humiliating, intimidating or demeaning treatment; (2) destroys or removes public or private property; (3) involves the consumption of alcohol or drugs or the consumption of other substances to excess; or (4) violates any University policy. Individuals who witness hazing while not actively participating may be held accountable for their actions or inactions.

Keys

Unauthorized possession, duplication or use of keys or StormCards to University facilities.

Misconduct

Misconduct means any conduct which adversely affects the student's suitability as a member of the academic community or which is inconsistent with the Mission Statement of the University. This includes, but is not limited to, suspicion of or admission to previous drug use; the possession of any type of paraphernalia analogous with the use, distribution or sale of illegal substances/narcotic drugs (i.e. scales, bongs, gutted cigars, rolling papers, pipes, glassine baggies, etc.); the possession on University premises of any type of paraphernalia analogous to the consumption of alcohol (i.e. beer bongs, keg taps, etc.); possessing alcohol containers on University premises.

Pets

All pets are prohibited on University premises with the exception of service animals previously approved through the standard accommodations process.

Retaliation

Retaliation for reporting any allegations of student misconduct is in itself a violation of the Student Code of Conduct. Incidents of retaliation should be reported to the Office of Student Conduct immediately.

Sexual Misconduct

Sexual misconduct can be committed by individuals of any gender, and it can occur between individuals of the same gender or different genders. It can occur between strangers or acquaintances, as well as people involved in intimate or sexual relationships. The consumption of alcohol or the use of illegal substances does not constitute a mitigating circumstance when it contributes to a violation regarding sexual misconduct. Sexual Misconduct includes the behaviors described below.

Sexually Inappropriate Conduct: Unwelcome sexual conduct that may not rise to the level of sexual harassment or sexual exploitation, but that is sexual in nature. Examples include, but are not limited to, posting or showing sexually explicit or offensive material; an isolated occurrence of obscene or sexually offensive gestures and comments; lewdness; exposure of one’s self to another person without that person’s consent.

Sexual Exploitation: Any act whereby one person violates the sexual privacy of another or takes sexual advantage of another who has not provided consent. Sexual exploitation also includes recording, photographing, transmitting, viewing or distributing intimate or sexual images or sexual information without the knowledge and consent of all parties involved, and observing others who are engaged in intimate or sexual situations without permission.

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors and other gender-based verbal or physical conduct that is severe, persistent or pervasive enough to unreasonably interfere with an individual’s educational experience or living conditions. Sexual harassment also occurs when submission to or rejection of such conduct denies or limits someone’s ability to participate in or benefit from any University educational program or activity; or by creating an intimidating, hostile or offensive environment for another person.

Non-consensual Sexual Contact: Any intentional sexual contact with another person, however slight, that occurs without that person’s consent. This includes oral or genital contact not involving penetration; contact with the breasts, buttocks or genital area, (including over a person’s clothing); removing the clothing of another person without consent; or kissing without consent. Sexually touching another individual by the threat of force, or intentional contact of a sexual nature with a person who is incapacitated at the time, is also considered non-consensual sexual contact.

Non-Consensual Sexual Penetration: Any act of vaginal or anal penetration by a person’s penis, finger, body part, or an object without consent; or oral penetration by a penis without consent. Any such act involving force or duress, or that occurs with an incapacitated individual, will be deemed especially egregious.

Smoking

Smoking is prohibited in all University buildings. Smoking is prohibited outdoors within 30 feet of building entrances and open windows. Students must follow smoking regulations for all University premises.

Solicitation

Soliciting for donations, soliciting for business, advertising or selling items without receiving written authorization from an authorized member of the University community.

Stalking

Stalking refers to occasions where an individual willfully and repeatedly engages in a knowing course of conduct directed at another individual that reasonably and seriously alarms, harasses, torments or terrorizes the victim. Such behavior is prohibited regardless of the relationship between individuals. Any behavior or activity that places another individual in fear of personal harm and/or is intended to cause emotional distress to another individual may be considered stalking behavior.

Theft

Theft of property of the University or that of a member of the University community or campus visitor while on University premises or at University-sponsored activities. Theft includes taking, removal or retaining property from any campus location which is not immediately brought to the Public Safety Command Center.

University Facilities

The unauthorized entry to or use of University facilities including opening windows or locked doors to allow the entry or exit of unauthorized students or guests.

University Identification

The misuse or transfer of University identification, the StormCard. This includes (but is not limited to) transfer of the StormCard to use the meal plan; to gain entry to University buildings; or to use any of the accounts on the StormCard in order to procure University services. StormCards must be carried at all times on University premises. Lending a StormCard to anyone or failure to present it when requested by a member of the University community are considered to be violations.

University Name and Related Graphics

Students of the University, whether individually or collectively, shall not use the name of St. John's University or the names of its units for any activity outside the regular work of the University without written consent of the appropriate member of the University community. The crest and seal of St. John's University are exclusive property of St. John's University. The use of the crest and/or the seal is prohibited except with the expressed permission of the Secretary of the University.

Weapons and Explosives

The University expressly prohibits on University-owned or controlled property or at University-sponsored functions the possession, display, use or distribution of any weapon to include any firearm (including air-or gas-powered firearms), pistol, revolver, shotgun, rifle, assault weapon, ammunition, explosive, firework, stun gun, switchblade and other automatic knife, and other deadly or dangerous weapons, such as are defined in NY Penal Law Article 265. This prohibition extends to imitation firearms and other objects that can be construed or used as weapons, and to items that pose a potential hazard to the safety or health of others; and unauthorized hazardous materials or chemicals. Exceptions to this policy, particularly for educational or performance purposes, must receive specific, written authorization from the Vice President of Public Safety.

Residence Hall Policies and Procedures

Resident students must also refer to the Residence Life Handbook from their campus for a specific list of policies and procedures with which they are to comply.