Non-Academic Judicial System

I. General provisions
Section A: Purpose
The University Judicial System is designed to adjudicate cases involving infractions of nonacademic University policy and procedures, and when necessary, to investigate matters of student conduct in a manner which reflects the Vincentian tradition and the educational mission of St. John’s University.

Section B: Judicial Authority

Disciplinary authority is vested in the Chief Student Affairs officer as the designee of the President of the university. On the Queens campus it is the Vice President for Student Life, on the Staten Island campus it is the Senior Vice President.
The judicial system is administered by the Judicial Officer whose responsibility is to ensure that all judicial matters function in accordance with University policy and procedures. The Dean of Students is the Judicial officer on each respective campus. The Judicial Officer will determine proper disposition of the incident and ensure imposition of a just sanction.

Section C: Violation of Law/Off Campus Conduct

All members of the University community are subject to local, state and federal laws. As a general rule, the university will not institute disciplinary proceedings when a member of the university community has been charged, off-campus, with a violation of a local, state, or federal law. The University, however, reserves the right to invoke its judicial procedures.
Students are subject to such reasonable disciplinary action as deemed appropriate, including suspension and expulsion, for breach of federal, state, or local laws or university rules or regulations off campus when such conduct is likely to have an adverse effect on the University or on the educational process or affects the student’s suitability as a member of the academic community.

II. University Sanctions
Association with St. John’s University is intended to promote justice, instill personal and moral values, and create a healthy learning environment. Imposed sanctions are intended to facilitate these goals. While they may initially be perceived as authoritative or punitive, their purpose is to promote human dignity and potential.

Section A: General Provisions

The sanctions listed below are recognized by the University in holding students accountable for misconduct. It is understood that previous offenses may be considered by officials in determining penalties.
At the discretion of the Chief Student Affairs Officer or designee, a student may be suspended pending a hearing to insure the safety and well-being of members of the University community or property or to insure the student’s own physical safety and emotional well-being. A suspended student may not be on university property and, accordingly, is ineligible to attend classes or examinations. Once imposed, this sanction takes immediate effect.
The decisions to suspend pending a hearing is not subject to review. Continuation of an existing suspension beyond the time specified for a hearing date is appealable to the Appeals Board which will decide after evaluating statements from the student and the Judicial Officer.
Students are held responsible for the actions of their guests while on the St. John’s campus, and sanctions may be issued to the host when the visitor is a non-St. John’s student.
Failure to comply with imposed sanctions subjects the student to further judicial action.

Section B: Sanctions

Formal Warning - Written notification to the student that continuation or repetition of conduct found wrongful may be cause for more severe disciplinary action within the period of time stated.
Fines - Sum to be paid by the student to the University or another specified body. Failure to pay fines will result in the denial of a final grade report, denial of registration for the subsequent semester (summer sessions included) and denial of transcript.
Restitution - Reimbursement for damages and/or offenses victimizing individuals. Students will be required to settle their account within a reasonable length of time, to be determined by the Judicial Officer. Students delinquent in this process face further action as noted above in “Fines”.
Required Community Work - Assignment of a specific number of hours of community service work to be accomplished in a specified time.
Disciplinary Probation - Written statement placing the student on notice that further improper behavior may result in the student’s suspension or expulsion from the University. Disciplinary probation continues for a specified period of time ranging from the duration of the academic semester to a full year. While on disciplinary probation, the student may be subject to the following conditions: May not be permitted to receive special funds; to participate in extracurricular activities (those which entail authority or involve public recognition); to hold or be elected to office in Student Government; or to participate on teams (including intramurals) or serve on groups representing the University.
Suspension - Exclusion from class and examinations and University property for the time specified. The student is restricted from campus and may not participate in any University functions on or off campus. The period of suspension will not exceed two years. Tuition and all fees are forfeited. A notice of suspension, either temporary pending a hearing or continuing for a set period of time, is sent to the Provost and Dean of the student’s School, and a record of suspension is included in the student’s official record. A student may be suspended pending a hearing, as provided in II, Section A2. At the end of the period of suspension, the student must meet with the Chief Student Affairs Officer, who will determine reinstatement to the University. A second suspension from the University which is either not appealed or is sustained by appeal may be considered as a recommendation for expulsion. If such a recommendation is made, the matter will be referred to the Chief Student Affairs for review, decision and action.
Expulsion - Permanent severance of relationship between student and university. The student may not attend classes or take any examinations and must vacate University property by the effective date of expulsion. The individual may not thereafter visit on University grounds. The sanction of expulsion may be imposed only by the Chief Student Affairs Officer. A record of expulsion is placed on the student’s official file. Expelled students are not entitled to any refund of tuition or fees, and are not permitted to reapply to St. John’s University.

III. Initiation of Disciplinary Proceedings
Section A: Incident Report

An incident report is a detailed, written description of an alleged violation. Any member of the University community may report an alleged violation of the Code of Conduct, in writing, to the Judicial Officer.
Upon receipt of the written incident report, the Judicial Officer is authorized to conduct an investigation by questioning persons thought to have knowledge of the particular incident, including the alleged violator.
If a person alleged to have committed a violation is questioned, he/she must be informed that he/she is being investigated and of the nature of the related incident.
If the Judicial Officer finds sufficient reason to formally charge the student(s), the accused will be notified of the charges in writing (by mail, return-receipt requested or hand-delivered) with notice of the institution of proceedings and a copy of the applicable judicial procedures.
In cases of an alleged sexual assault incident, the Judicial Officer will notify the student(s) making the charge of options for, and available assistance in, changing academic situations, if so requested and if such changes are reasonably available.

Section B: Pre-Hearing Conference

After the student has been served the notice of charges, the Judicial Officer or designee may hold a pre-hearing conference with the accused student(s) and the person submitting the incident report, if necessary, to determine all facts of the case.
Based on the judgment of the Judicial Officer or designee as to seriousness, the matter will be decided by the Judicial Officer or forwarded to the University Judicial Board for a hearing.
If the Judicial Officer or designee determines no further action is warranted, the charges will be dismissed.
Based on the severity and/or complexity of a particular case, the Judicial Officer has the right to refuse to hear a case privately and require the accused to appear before the University Judicial Board.

Section C: Initiation of the Hearing

The Chair of the University Judicial Board shall set the date, place and time of the hearing within 10 school* days after the service of charges. The accused will be notified of the date, place and time of the hearing in writing (by mail, return-receipt requested or hand-delivered). The hearing shall commence no later than 20 school days after the service of charges.
The accused person may discuss the procedures of the impending hearing with the Judicial Officer. The accused is not authorized to approach individual members of the University Judicial Board.
Students charged may be accompanied in the hearing by an advisor who may be an attorney. The advisor may only advise the accused and is restricted from participating in the hearing in any other capacity including as a witness. (Refer to IV, Section C, 6. for more information).
The accused is personally responsible for requesting a change in the time of the hearing by contacting the Judicial Officer.
For good cause shown, one adjournment will be granted to the accused, to the Board chair, and to the Judicial Officer. Failure to have a quorum present is not considered a request for adjournment.
In the event a quorum is not present at the time of the scheduled hearing, the accused may elect to have the hearing rescheduled or waive the quorum requirements and have the present members adjudge the charges.

*School days - weekdays when school is in session

IV. University Judicial Board
Section A: Jurisdiction
There shall be an Undergraduate and Graduate Judicial Board on each campus. Each Board has jurisdiction over all incidents referred to it or for which the penalty of suspension or expulsion for the University exists.

Section B: Composition

Each Board will consist of nine members.
Board membership is composed of:
a) Five full-time faculty members from the local campus
b) Four students from the local campus, undergraduate or graduate depending on jurisdiction
The Board shall elect a chair from its membership with power to vote.
Faculty will be elected to a two year term by the full-time teaching faculty who are eligible to vote in the spring of that year pursuant to the University Statutes.
Student members of the Undergraduate Boards will be chosen by the local Student Government President, in consultation with the Chief Student Affairs Officer, with the advice and consent of the local Student Government at its first meeting after the election of a new Student Government.
Student members of the Graduate Boards shall be nominated by the Chief Student Affairs Officer subject to the approval of the graduate faculty members of the Board.
In the event that any member of the Board is unable, unwilling or ineligible to serve or to continue to serve, the Chief Student Affairs Officer shall nominate a replacement subject to the approval of the remaining Board members.
The Judicial Officer serves in an ex officio capacity and does not participate in adjudging guilt or innocence.

Section C: General Provisions for Hearings

The Judicial Officer is responsible for the administrative procedures of the University Judicial Board.
The Chair is responsible for the orderly and proper functioning of all hearings, is present throughout all phases of adjudication and participates in discussions pertinent to the issues before the Board. The Chair acts to ensure that both parties receive the opportunity to present relevant facts and, during deliberation, that the decision rendered is in accordance with established procedures.
Hearings are to be private and are not open to the general University population or to the public. The Board’s decisions and reasons may be made public if in the sole judgment of the university, it is deemed necessary to do so. Board members are duty bound to maintain confidentiality.
All persons attending the proceedings shall conduct themselves in an orderly and respectful manner. Any person who engages in obstructive, contemptuous, disruptive or irresponsible conduct in the presence of the Judicial Board will be ejected from the hearing room and may be appropriately charged.
All hearings are recorded by the University either by audio tape or other means. No other recordings of the hearings may be made.
Only the accused may have an advisor present at the hearing who shall serve solely in a consultative role with the accused and may not participate in the hearing. The exception occurs in cases of alleged sexual assault, when the accuser and the accused are entitled to the same opportunities to have an advisor present during the disciplinary proceedings.
a) At least two school days prior to the scheduled hearing date, the student must provide in writing the name of the advisor to be present to the Judicial Officer.
b) The advisor may only confer and is prohibited from direct participation in the hearing.
c) Advisors may not appear in lieu of the accuser or accused.
The University reserves the right to have an attorney present in an advisory capacity.
Should the accused not be present for the hearing at the stipulated time, the hearing will proceed at the discretion of the board.
Strict conformity to legal rules of evidence shall not be required. A finding of guilt shall be based upon a fair preponderance of the credible evidence.
A quorum for the Board’s hearings shall be seven members.
To determine an accused guilty of a violation, the number of members voting guilty must be a majority of members present for hearings.
Both the accused and the Judicial Officer must submit a list of expected witnesses to the Chair of the University Judicial Board at least two days in advance of the hearing date.
The University Judicial Board may request the appearance of any witness it deems appropriate.
Anonymous information will be dealt with in the following manner:
a) Information submitted by the Judicial Officer or designee may be anonymous, provided it is not the sole piece of information presented in the case. Such information must be written and signed by the person, the identity of which is only revealed to the members of the University Judicial Board.
b) The Board will have the authority to require the source of the information to appear privately before them. If in its judgment it is necessary to ensure ample opportunity for a fair hearing, the Board may require the source to appear before the Board or at the hearing.
c) In extraordinary circumstances, the Judicial Officer can waive the requirement that the anonymous source appear before the Board or at the hearing.

Section D: Hearing Procedures

The Chair will call the meeting to order.
The Chair will explain the function of the hearing, verify that each accused is aware of the rights of a student before a Judicial Board and inform the accused that he/she and all witnesses will be asked to affirm the truthfulness of their testimony and that providing false information to the Judicial Board is a violation in itself.
The Chair will ask whether there will be any witnesses testifying on their behalf, advise each accused of the right to be present during all stages of the hearing process, except deliberation, read the charges, and inform the accused that the hearing is being tape recorded.
The Judicial Officer will read the incident report(s), and as necessary, any statement submitted on the case.
Board members may then question the Judicial Officer and any witness(es) called by him/her.
The accused has the right to question all persons testifying at the hearing.
The Chair will then offer the accused the opportunity to testify or remain silent. The fact that the accused elects to remain silent is not to be considered by the Board as an indication of guilt. If the accused elects to testify, he/she is obligated to answer relevant questions asked by the authorized persons.
If testimony is given by the accused, Board members are given the opportunity to question the accused. If the accused testifies, the Judicial Officer may also question the accused.
The accused may call witness(es) on his/her behalf even if he/she chooses not to testify.
Board members and both parties to the hearing may then question these witnesses.
Witnesses for the accused will be excused from the hearing room upon completion of their testimony and all questioning. The chair will advise these witnesses that they are not to discuss their testimony outside of the hearing room, including during any hearing recesses. The members of the Judicial Board may recall any witness(es) if needed.

Section E: Deliberation

Upon conclusion of all testimony, the Board will meet in private to deliberate and determine guilt or innocence of the accused.
The deliberation will not be tape recorded.
In the event of a determination of guilt, the sanction will be determined by the Judicial Board from the list of available sanctions.
In the event of a determination of guilt, a student’s past disciplinary record and previous offenses may be considered in determining sanctions. This information will be provided by the Judicial Officer to the Chair for use as needed.

Section F: Notification
Written notification of the results of a judicial hearing specifying the decision and, if appropriate, sanction(s) will be sent by the Judicial Officer to the Chief Student Affairs Officer and to each accused as soon as practicable after the hearing. Both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceedings brought alleging sexual assault.

Section G: Hearing Records

All written records and tape recordings of proceedings are confidential.
A copy of all material associated with the hearing will be retained by the Office of Student Life for a period of five years after the student leaves the university, upon which time all records except records involving suspension and expulsion will be destroyed.

V. Appeal Procedures
Section A: Timing

Once hearing proceedings are completed and a sanction imposed either by the Judicial Officer alone or by the University Judicial Board, a student has a right of appeal for reasons specified below. If an appeal is pending, the imposed sanctions will not go into effect. Where the student was suspended prior to the hearing, such suspension continues until the appeals process is completed.
A party wishing to appeal on grounds specified must contact the Office of the Chief Student Affairs Officer within five school days of initial receipt of a decision and notify the Office of intent to appeal.
Submission of the detailed appeal must be in writing and submitted to the University Judicial Appeals Board Chair no later than five school days after notification of appeal.
The appeal shall specify the basis of the appeal.
Failure to file intent and/or submit the written appeal shall constitute a waiver of any right to appeal.

Section B: Grounds for Appeal

A verdict may be appealed by a student only when it can be specifically demonstrated that sufficient grounds exist to show a prejudicial error was committed during the hearing whereby the appealing party was deprived of a fair hearing.
Penalties may be appealed only when it can be specifically demonstrated that there is a flagrant discrepancy between the infraction(s) and the assigned sanction(s).

VI. Judicial Appeals Board
Section A: Composition

The Judicial Appeals Board shall consist of three members: the Vice President for Student Life or designee (Queens campus) or the Senior Vice President or designee (Staten Island campus) as chair with power to vote; a full-time faculty member; and a University student. At the discretion of the chair, substitutes may be named when necessary.
The faculty member will be elected by the full-time teaching faculty who are eligible to vote in the Spring of each year pursuant to the University Statutes. The student member will be chosen by the local Student Government President, in consultation with the Vice President for Student Life (Queens campus) or the Senior Vice President (Staten Island campus), with the advice and consent of the local Student Government at its first meeting after the election of a new Student Government.
Persons selected will serve for the academic year and may be reelected.

Section B: General Provisions

Students are responsible for strict adherence to all deadlines and procedures for the filing and processing of appeals (See V., Sec. A.).
No new evidence shall be considered on an appeal.
Every document filed in an appeal shall constitute a part of the record. Minutes, recordings and/or transcripts of the University Judicial Board hearing will be available to the Judicial Appeals Board.

Section C: Procedures

Within five school days of receipt of the written appeal, the chair shall notify the appealing student of the date, time and place the Judicial Appeals Board will meet to review the appeal request.
The Appeals Board will initially determine whether to accept or deny the appeal. Acceptance or rejection shall be based solely on the student’s written appeal, the record of proceedings, and related documents.
If the appeal is accepted, the Appeals Board will conduct a review to:
a) Affirm, reverse or modify the verdict or remand the case to the appropriate board and/or;
b) Affirm or modify the penalty or return the case to the appropriate source for reconsideration of the sanction.
If the appeal is denied, the appeals process is completed and any sanction(s) take effect immediately.
Appeals are considered based on the merits of documentation submitted. The appealing student does not appear at the review; however, the University reserves the right to have the student meet with the Appeals Board prior to a decision being made.
The burden of proof in an appeal rests on the appealing party to show cause why the previous decision and/or penalty should not be affirmed. It is not the responsibility of the appeals Board to justify any decision and/or penalty imposed by the Judicial Officer or by the University Judicial Board.

Section D: Decision and Notification

Decisions of the University Judicial Appeals Board are binding and represent the final disposition of the case.
Written notification of the Board’s decision will be sent by the Chair to the appealing student as soon as practical after the hearing.

VII. Student Organizations
Student organizations which are officially recognized by St. John’s University shall be prohibited from engaging in or authorizing its members to engage in any actions which are considered violations of the Code of Conduct.

Section A: Procedure

If the Judicial Officer determines on the basis of a complaint that there are reasonable grounds to believe that there has been a violation of the Code of Conduct by any student organization, he/she shall prepare written charges against the student organization.
These written charges will be served upon the principal officer of the student organization and shall be accompanied by a notice that the organization must respond to the Judicial Officer in writing regarding the charges within five school days of the receipt of the notice.
Failure to submit a response within the five day period will constitute admission of the facts stated in the charges and will result in imposition of a penalty. The response period may be extended by the Judicial Officer upon request of the principal officer of the student organization.
If the student organization is alleged to be involved in any activity which is judged by the Chief Student Affairs Officer or designee to be detrimental to the safety or well-being of members of the university community or university property, all activities of the organization will be suspended immediately, pending an investigation which will be completed no later than 20 school days following the suspension.
The Judicial Officer will review the charges and response from the student organization to determine whether or not the organization has violated the Code of Conduct and will determine the appropriate sanction.

Section B: Sanctions

Any student organization which is found guilty of violating the Code of Conduct shall be subject to recession of permission to operate on the campus or such lesser penalty as deemed appropriate by the Judicial Officer. This sanction will be in addition to any penalty imposed by provision of law.
Disciplinary action for a student organization will not preclude disciplinary action for an individual student if he or she is specifically charged in the same incident.

Sanction C: Appeal

The Vice President for Student Life (Queens campus) or the Senior Vice President (Staten Island campus) shall hear appeals for decisions made regarding student organizations using procedures described in V. Appeal Procedures.
If the case is judged by the aforementioned officer to be unusually complex or the sanction unusually severe, the procedure for appeal will be the same as that described for individual student cases and will include the entire Judicial Appeals Board (See VI).

VIII. Residence Life Judicial Procedure
The Residence Life judicial system has been developed to encourage students to think and act responsibly and to respect the rights of other residents. Like the Residence Hall program, judicial procedures promote behaviors consistent with the Catholic and Vincentian character of St. John’s. All non-academic disciplinary investigations occurring in the residence halls and in the resident dining facility will be reported to and investigated by the Dean of Residence Life or his designee.

If it is determined that there is sufficient cause to file charges for violations of Residence Life policies or procedures, the Dean of Residence Life or his designee may refer the matter to the Dean of Students or to the Residence Life Judicial Board for adjudication. In the event that the Dean of Residence Life finds it necessary, the student may be temporarily removed from the residence halls pending the results of the judicial proceedings or if the student is a threat to him/herself or the health and safety of other students.

Residence Life Judicial Board
The purpose of the Residence Life Judicial Board is to process and consider all charges presented to the Board and reach a verdict. The timeline in which to conduct a Residence Life Hearing will be consistent with the stated timeline in the Residence Life Guidelines. The makeup of the Residence Life Judicial Board will be representative of the St. John’s University community. The proceedings and the findings of the Residence Life Judicial Board will be confidential and will only be shares on a “need to know” basis.

Appeal Process
The student has the right to appeal the decision of the Residence Life Judicial Board to the Dean of Student Life. The appeal must be made in writing and within five days of receiving the decision of the Residence Life Judicial Board. The Dean of Student Life will render a decision within a week of receipt of the appeal. The criteria for appeals and specifics of the process are listed in the Residence Hall Guidelines.

Sanctions
The sanctions will be consistent with those in the Student Handbook including probation and suspension. In addition the resident student may receive the following: Removal of residence life privileges to visit or host visitors; Expulsion from the residence hall. The Residence Life Judicial Board may recommend expulsion. The final decision concerning expulsion will be made by the Dean of Student Life after consultation with the Dean of Residence Life.

Sanctions must be conferred for a semester or full academic year.