II.Student Code of Conduct

The Student Code of Conduct shall apply to conduct that occurs on University premises, at University-sponsored activities or 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; public disruption related to alcohol intake; the use of false identification to procure alcohol; 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 are also prohibited. Students are expected to abide by all federal and state laws regarding alcohol.

Assault
Any student who intentionally inflicts bodily harm upon any person; takes reckless action that results in harm to any person; or threatens by any means of transmission the use of force to harm or injure any person may be subject to disciplinary actions for said offenses.

Civil/Criminal Law
Any student who violates any state, federal or municipal law may be subject to disciplinary action for said offenses.

Compliance
Any student who fails to comply with the directions or requests of a member of the University community acting in the performance of his or her duties may be subject to disciplinary actions for said offenses. This includes the completion of sanctions imposed on a student who previously participated in the student conduct process.

Compliance with Emergency Regulations
Any student who fails to comply with specific emergency regulations and evacuation procedures for buildings on University premises may be subject to disciplinary actions.

Computing and Cyber Harassment
Any student who uses information and communication technologies as means of intimidation, harassment or unwarranted interruption may be subject to disciplinary actions. 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. For a complete list of computing regulations, please refer to: www.stjohns.edu/campus/handbook/chapter6/computers

Damage to Property

Any student who damages 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 may be subject to disciplinary actions.

Disorderly Conduct

Any student who engages in behavior that is destructive, lewd, dangerous, harmful, obstructive or disorderly may be subject to disciplinary actions. Conduct that is unreasonable in the time, place or manner in which it occurs may subject a student to disciplinary actions.

Drugs
Any student who uses (or is in the presence of the use), possesses, distributes or manufactures 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, shall be subject to disciplinary actions.  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 prohibited from 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.). Students are expected to abide by all federal and state laws regarding illegal or controlled substances.

False Information

Any student who knowingly furnishes false information in any form to a member of the University community may be subject to disciplinary actions.

False Reporting of an Emergency
Any student who intentionally falsely reports a bomb, fire, attack, or other emergency may be subject to disciplinary actions.

Fire Safety
Any student who tampers with or misuses fire alarms; obstructing the functioning of fire alarms, fire exits, fire-fighting equipment, smoke/heat detectors and sprinkler systems on University premises may be subject to disciplinary action.  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 are prohibited.

Forgery/Fraud
Forgery, alteration or misuse of University documents, records or identification is prohibited.

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 is prohibited.

Intimate Partner Violence

Intimate partner violence of any kind will not be tolerated. 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 of any kind will not be tolerated.  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 is prohibited.

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. 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 of misconduct 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.

Parking and Traffic Regulations
A campus permit is required by all who use University parking facilities.  Please refer to www.stjohns.edu/campus/publicsafety/parking for a complete listing of regulations.

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 conduct code.  Retaliation in any form is not tolerated. Incidents of retaliation should be reported to the Dean of Students’ Office.

Sexual Misconduct

Sexual misconduct in any form is prohibited.

  • Sexual Harassment – Sexual harassment in any form is not permitted.
    Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other unwelcome verbal or physical conduct of a sexual nature. This definition of sexual harassment will be interpreted and applied consistently with current legal standards, as well as accepted standards of mature behavior, professional responsibilities, academic freedom and freedom of expression. Sexual misconduct is a form of sexual harassment and can consist of a range of behaviors and severity.  All forms of sexual harassment are discriminatory in nature and are prohibited by Title IX of the Educational Amendments Act of 1972 as well as prohibited by the St. John's University Code of Conduct.  
  • Sexual Assault
    Sexual assault is any unwanted physical contact of a sexual nature that occurs without indication of consent of both individuals, or that occurs under threat of force, coercion or where the individual is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity. A person is considered incapable of giving consent if he or she is: (1) under age of consent (which is 17 in New York State), (2) asleep, unconscious and/or losing and regaining consciousness, (3) mentally or physically incapacitated, for example, by alcohol and/or other drugs, or (4) threat of physical force or intimidation. Consent is granted when a person freely, actively and knowingly agrees at the time to participate in a particular sexual act with a particular person.  Consent exists when mutually understandable words and/or actions demonstrate a willingness to participate in a mutually-agreed-upon activity at every stage of that sexual activity. Consent can be revoked by any party at any stage. Consent cannot be assumed from partner silence, manner of dress or based on a previous or ongoing sexual relationship. Sexual assault includes, but is not limited to: sexual abuse, rape, forcible sodomy, forcible oral copulation, sexual assault with an object, sexual battery, forcible fondling i.e.., unwanted touching or kissing), or threat of sexual assault. Additional offenses may include cases of coercion, harassment, or intimidation.
     
  • Sexual Abuse
    Sexual abuse is another form of sexual assault.  It may occur when a person subjects another to sexual contact by forcible compulsion or without consent.  “Sexual contact” is any touching of the sexual or other intimate parts of another person for the purpose of gratifying the sexual desire or either party.  “Touching” includes victim by the actor, actor by the victim either directly or through clothing.
     
  • Rape
    If a person engages in a non-consensual sexual intercourse or penetration of an individual due to physical force, coercion or threat (actual or implied), the act is considered rape in New York State. Sexual intercourse is considered any vaginal or anal penetration, however slight. A person who is mentally incapacitated, asleep, physically helpless due to alcohol or drug consumption or under the age of 17 is unable to consent. If intercourse takes place without consent, it is considered rape. Regardless of the circumstances, sexual intercourse following a spoken “no” or any other expression of refusal or hesitation, even without further resistance of any kind, is rape, a crime in New York State.

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 is prohibited.

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 is prohibited.  Theft includes taking, removal or retaining property from any campus location which is not returned to lost and found in Public Safety.

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 is prohibited.

University Identification
The misuse or transfer of University identification, the StormCard is prohibited. 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 possession, display, use or distribution of any weapon such as a firearm, knife, blackjack, stun gun, etc., or any item used as a weapon or of such a nature that it is intended for use as a weapon or for violent purposes, except with expressed authorization from the appropriate member of the University community, on University premises or at University-sponsored functions is prohibited. Fireworks and any other explosive materials are prohibited.

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.

Please refer to the Residence Life Handbook from your campus for a specific list of policies and procedures. These handbooks are also available online by clicking the following links: