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Behavioral Hearings

Contents


Section A: Behavioral Hearing

The Behavioral Hearing is a meeting with the Student Conduct Administrator or designee where the respondent may review the incident, respond to the charges, and discuss the circumstances.

Behavioral Hearings for Alleged Code of Conduct Violations: The Student Conduct Administrator or designee may, at his or her discretion, make a determination concerning the respondent’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 directly referred to the Student Conduct Board or the University Conduct Board.

Behavioral Hearings for Allegations Regarding Sexual Misconduct or Gender Discrimination: The Student Conduct Administrator or designee may, at his or her discretion, make a determination concerning the respondent’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 directly referred to the University Conduct Board. The Behavioral Hearing may be scheduled within seven (7) days of the Student Conduct Administrator or designee’s receipt of the investigation file.

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Section B: Failure to Attend Behavioral Hearing

Respondents 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 respondent’s failure to check his or her St. John’s email account is not considered an excuse for not attending a scheduled Behavioral Hearing.

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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 respondent has not violated the Student Code of Conduct, the respondent shall be found Not in Violation and the Student Conduct Administrator or designee shall confirm the decision in writing.

In Violation: If the respondent takes responsibility for a violation or violations of the Student Code of Conduct, or if it is determined that the respondent has violated the Student Code of Conduct, but the matter does not warrant a referral to a hearing board, 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 respondent in writing containing a confirmation of the violation the respondent 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 may 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 respondent may request to proceed with an administrative hearing before the Dean of Students or designee. It is in the discretion of the Dean of Students or designee to accept or reject the request. All matters involving allegations of sexual misconduct may be be referred to the University Conduct Board.

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 complainant and respondent with information on the appropriate conduct board’s processes and procedures.

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Section D: Appeals of Behavioral Hearing Outcomes

Any sanction imposed shall be immediately effective and shall remain in effect for the duration of the student conduct process through the conclusion of the appeal process.

A decision by a Student Conduct Administrator may be appealed in writing to the Dean of Students or designee within seven (7) business days of delivery of the decision letter. An appeal may be granted only when it is demonstrated that: (1) the respondent 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.

The University anticipates that an appeal may be concluded within fourteen (14) business days after it is received by the Student Conduct Administrator or designee.

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