Student Conduct Process

Any member of the University community may report an alleged violation of the Student Code of Conduct, in writing or in person, to the Department of Public Safety or the Office of Student Conduct. An incident report is a written description of an alleged violation of the Student Code of Conduct.

Upon receipt of the incident report, the Office of Student Conduct may determine that the student(s) listed in the incident report shall be directly referred to the Student Conduct Process. The Office of Student Conduct may also determine that the incident be reviewed for an Alternative Resolution. If an appropriate Alternative Resolution cannot be reached, the incident may then be referred to the Student Conduct Process.

Violations of University Policy 703 - Title IX and N.Y. Education Law Article 129-B Sexual Misconduct Policy and Procedures should be reported to the Title IX Coordinator, a Deputy Title IX Coordinator and/or the Department of Public Safety.

During the Student Conduct Process, a student may be subject to an Interim Action. Interim Actions may be utilized for any student accused of a violation. Examples of an Interim Action may include:

• a temporary suspension;
• a “no contact order,” which prohibits communication between parties;
• limitation of access to designated University facilities and/or residence halls by time and location;
• limitation of privileges to engage in specified University activities; and/or
• housing reassignment or removal from housing.

Interim Actions may be issued in the following circumstances:

• to ensure the physical or emotional safety and well-being of members of the University or its property;
• to ensure the student’s own physical or emotional safety and well-being; or
• if the student poses an ongoing threat or disruption of the normal operations of the University.

If a student is charged with the violation of a local, state or federal criminal statute (or its equivalent in another jurisdiction), the determination to proceed with the Student Conduct Process concurrently with the legal system is in the discretion of the Student Conduct Administrator. The University does not offer legal advice or counsel to students facing criminal charges.

The University may suspend any student charged with a crime in any jurisdiction until charges are dropped, the case is dismissed or a judgment of conviction or acquittal is secured. Once imposed, an interim suspension takes effect immediately.

The Behavioral Hearing is a meeting with a Student Conduct Administrator where the student may review the incident report, respond to the charges and discuss the circumstances. The Student Conduct Administrator may, at their discretion, make a determination concerning the student’s responsibility and the sanctions that the student must complete.

If a student fails to attend the Behavioral Hearing, the Student Conduct Administrator may administer findings and outcomes in their absence. A student’s failure to check their St. John’s email account is not considered an excuse for not attending a scheduled Behavioral Hearing.

The following are possible outcomes of the Behavioral Hearing:

Not in Violation: If the Student Conduct Administrator determines at the conclusion of the Behavioral Hearing that the student has not violated the Student Code of Conduct, the student shall be found Not in Violation and the Student Conduct Administrator 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 it is more likely than not that the student has violated the Student Code of Conduct, the Student Conduct Administrator shall resolve the matter. In this instance, the Student Conduct Administrator shall issue sanctions as set forth in the Student Conduct Process. This administrative determination shall be presented to the student in writing containing a confirmation of the violation the student was found responsible for and a statement of the sanctions to be imposed.

Any sanction imposed shall be effective immediately 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 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) there is new evidence which did not exist at the time of the hearing that would have a bearing on the original finding; or (3) the Student Conduct Administrator had a conflict of interest that affected the outcome of the matter.

If an appeal is granted, the person reviewing the appeal will have the option of re-opening the Student Conduct Process or making a determination on the appropriateness of the decision and/or the sanctions. If an appeal is not granted, the matter shall be considered final and binding upon all involved.

The sanctions listed below are determined by the Office of Student Conduct as a means of accountability for Student Code of Conduct violations. Previous violations may be considered when determining sanctions. More than one (1) of the sanctions listed below may be imposed for any single violation.

The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct.

Formal Warning: A formal University warning for any violation of the Student Code of Conduct or Residence Hall Policies and Procedures.

Discretionary Sanctions: This includes, but is not limited to, behavioral contracts and other educational responses appropriate for repairing harm done to the University community and/or creating a better understanding of the University’s community standards.

Service Assignments: Students are expected to perform community service work or engage in some activity related to the conduct violation that would benefit both the student and the community.

Educational Assignments: referrals to University partners, written assignments and other interventions intended to bring about a better understanding of the University’s community standards.

Reflective Assignments: Students are expected to reflect upon their behavior through a written assignment, with consideration for how their behavior relates to St. John’s University’s Core Values and Vincentian mission, or research that helps the student understand why a policy or restriction has been adopted by the University.

Fines: Fines for various Code violations will be billed directly to a student’s account.

Restitution: Financial compensation for losses or damages.

Housing Probation: Housing Probation is for a designated period of time. Any violation of the Student Code of Conduct while on housing probation – no matter how minor – may result in more punitive sanctions. These sanctions may include (but are not limited to) temporary or permanent separation of the student from University-managed living properties, suspension or expulsion.

Disciplinary Probation: Disciplinary Probation is for a designated period of time. Any violation of the Student Code of Conduct while on disciplinary probation—no matter how minor—may result in more punitive sanctions. These sanctions may include, but are not limited to, suspension or expulsion.

Loss of Privileges: Denial of specific privileges for a designated period of time.

University Premises Restrictions: Separation (temporary or permanent) of the student from University-managed living properties or other University premises. Students who are temporarily restricted shall be allowed to return after a designated period of time. Conditions for return may be specified.

Suspension from the University: Separation of the student from the University for a definite period of time (no less than one semester), after which the student may be eligible to return. Conditions for return may be specified. Suspension from the University means that the student is not allowed to attend class, participate in any University programs or events or be on University property, unless permission to do so is specifically authorized by the Student Conduct Administrator. A record of suspension associated with a crime of violence as defined in the Jeanne Clery Act shall be placed on the student’s official transcript. Tuition and fees are forfeited.

Dismissal from the University: Permanent separation of the student from the University. Dismissal from the University means that the student is not allowed to attend class, participate in any University programs or events or be on University property. The individual shall not thereafter visit on the University grounds. Dismissed students forfeit any tuition and fees they may have paid and are not permitted to apply to St. John’s University for student admission or employment at any time in the future.

Expulsion from the University: Permanent separation of the student from the University. Expulsion from the University means that the student is not allowed to attend class, participate in any University programs or events or be on University property. The individual shall not thereafter visit on the University grounds. A record of expulsion associated with a crime of violence as defined in the Jeanne Clery Act shall be placed on the student’s official transcript. Expelled students forfeit any tuition and fees they may have paid and are not permitted to apply to St. John’s University for student admission or employment at any time in the future.