IV. Behavioral Hearings
Section A: Behavioral Hearing
The Behavioral Hearing is a meeting with a Student Conduct Administrator or designee where the accused student will review the incident, respond to the charges, and discuss the circumstances. The Student Conduct Administrator or designee will, at his or her discretion, provide the student with information concerning his or her rights, and will make a determination concerning the accused student’s responsibility and the sanctions he or she must complete. The Student Conduct Administrator or designee may also provide verbal notice whether the case will be referred to the Student Conduct Board or the University Conduct Board.
Section B: Failure to Attend Behavioral Hearing
Accused students who fail to attend the Behavioral Hearing waive their right to review the incident and respond to the charges. In these cases, the Student Conduct Administrator or designee shall administer findings and sanctions in their absence or forward the case to the Student Conduct Board or University Conduct Board. A student’s failure to check his or her St. John’s email account is not considered an excuse for not attending a scheduled Behavioral Hearing.
Section C: Behavioral Hearing Outcomes
The following are possible outcomes of the Behavioral Hearing:
Not in Violation: If the Student Conduct Administrator or designee determines at the conclusion of the investigation process that the accused student has not violated the Student Code of Conduct, the accused student shall be found Not in Violation and the Student Conduct Administrator or designee shall confirm the decision in writing.
In Violation: If the student takes responsibility for a violation or violations of the Student Code of Conduct, or if it is determined that the student has violated the Student Code of Conduct, but the matter does not warrant a referral to a hearing panel, the Student Conduct Administrator or designee shall resolve the matter at his or her sole discretion. In this instance, the Student Conduct Administrator or designee shall issue sanctions as set forth herein in Article VII, Section B. This administrative determination shall be presented to the student in writing containing a description of the violation the student was found responsible for and a statement of the sanction(s) to be imposed.
Referral to Student Conduct Board or University Conduct Board: If after the Behavioral Hearing, the Student Conduct Administrator or designee decides that another hearing body should determine the matter, the Student Conduct Administrator or designee shall refer the matter to either the Student Conduct Board or University Conduct Board. If the Student Conduct Administrator or designee refers a matter to another hearing body, the accused student may request to proceed with an administrative hearing before the Dean of Students. It is in the discretion of the Dean of Students to accept or reject the request.
A matter may be referred to the University Conduct Board when it: (1) involves behavior the University determines to be of an egregious nature; or (2) could result in a suspension or expulsion. A matter may be referred to the Student Conduct Board when they are of a less serious nature and when there is no possibility of suspension or expulsion. For matters being referred to the University Conduct Board or the Student Conduct Board, the Student Conduct Administrator or designee shall provide the accused student with information on the appropriate conduct board’s processes and procedures.
Section D: Appeals of Behavioral Hearing Outcomes
A decision by a Student Conduct Administrator may be appealed in writing to the Dean of Students or designee within seven (7) days of delivery of the decision letter. An appeal may be granted only when it is demonstrated that: (1) the student has presented information that indicates an omission in the Student Conduct Process that may have affected the final outcome of the decision; (2) the decision cannot be supported by a preponderance of the evidence; or (3) there is new evidence which did not exist at the time of the hearing that would have a bearing on the original finding. If an appeal is upheld, the Dean of Students or designee will have the option of referring the matter back to the original hearing body for the re-opening of the Student Conduct Process; or to make a determination on the appropriateness of the decision and/or the imposed sanctions. If an appeal is not upheld, the matter shall be considered final and binding upon all involved.