Student Conduct Process

Section A: Commencing the Process by Filing an Incident Report

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 to 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, a Student Conduct Administrator may determine that the student(s) listed in the incident report will be referred to the Student Conduct Process. The Student Conduct Administrator may otherwise determine that the incident be referred for an alternate resolution. If an appropriate alternate 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.

Section B: Interim Actions

During the Student Conduct Process a student may be subject to an Interim Action. Examples of an Interim Action may include:

• a temporary suspension;
• a “no contact order,” which prohibits direct and/or indirect 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
• reassignment to alternate housing 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.

Interim Actions may be utilized for any student accused of a violation. Students accused of violations are not permitted to have any contact with the complainant regardless of the issuing of the Interim Action.

Section C: Violations of Criminal Statutes, Laws, Regulations

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 Alternate Resolution Process is designed to allow accused students who have caused harm the ability to engage in a restorative process with the individual or individuals who experienced that harm.

When an incident report is received, the Student Conduct Administrator shall first review the report and determine if an Alternate Resolution may be appropriate. For a report to be referred to the Alternate Resolution Process, both an accused student and a harmed party must be clearly identified in the report. If there is no agreement among the accused student and the harmed party regarding their roles, then the matter may be referred to the Student Conduct Process as appropriate.

The Student Conduct Administrator shall separately invite both the harmed party and the accused student to participate in this process. If either party declines, then the matter may be referred to the Student Conduct Process, as appropriate.

If both parties accept the invitation, the Student Conduct Administrator, or designee, shall conduct a meeting with both parties to discuss the incident and to explore mutually agreed-upon options that will repair the harm done to the harmed party. If an agreement can be reached, the accused student shall complete the terms of the agreement and the matter will be closed without a finding of responsibility for a Code of Conduct violation. If an agreement cannot be reached, or if the accused student fails to complete the terms of the agreement, then the matter may be referred to the Student Conduct Process, as appropriate.

Alcohol and marijuana-related incidents: When a student is documented for what could be their first violation of the Alcohol clause or the Drugs clause in the Student Code of Conduct, the Student Conduct Administrator shall first review the report and determine if an Alternate Resolution may be appropriate.

The Student Conduct Administrator, or designee, shall meet with the accused student to get a better understanding of the facts of the case. If appropriate, the accused student shall be given an opportunity to complete an educational intervention that would replace a finding of responsibility for a Code of Conduct violation. If the student subsequently fails to complete the recommended intervention, the matter shall be resolved through an Administrative Action.

When a student fails to complete an obligation assigned to them as a means of replacing a finding of responsibility for a Code of Conduct violation, and the facts are otherwise not in dispute, the Office of Student Conduct may use an Administrative Action to resolve the matter.

The Student Conduct Administrator shall inform the student in writing of the finding of responsibility and the outcome via the student’s St. John’s email account. The outcome letter shall state: (1) the approximate date and location of the incident; (2) the clause(s) in the Student Code of Conduct or the policy that the student was deemed responsible for violating; and (3) the sanctions that must be completed as a result of the finding.

If the Student Conduct Administrator finds sufficient reason to make a formal charge against the student, the Student Conduct Administrator shall inform the student in writing of the charge(s) via the student’s St. John’s email account. Students shall be responsible to regularly check their email account. The Student Conduct Administrator may consider mitigating circumstances when deciding to make formal charges.

The meeting notification shall state: (1) the approximate date and location of the incident; (2) the clause(s) in the Student Code of Conduct that the student is accused of violating; and (3) the date, time and location the student has been scheduled to meet with the Student Conduct Administrator.

Section A: Behavioral Hearing

The Behavioral Hearing is a meeting with the 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. The Student Conduct Administrator may also provide verbal notice whether the case will be directly referred to the Student Conduct Board or the University Conduct Board for adjudication.

Section B: Failure to Attend Behavioral Hearing

If a student fails to attend the Behavioral Hearing, the Student Conduct Administrator may administer findings and sanctions in their absence or refer the case to the Student Conduct Board or University Conduct Board. A student’s failure to check their 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 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 by a preponderance of the evidence 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 sanction(s) to be imposed.

Referral to Student Conduct Board or University Conduct Board: If after the Behavioral Hearing, the Student Conduct Administrator decides that another hearing body should determine the matter, the Student Conduct Administrator may refer the matter to either the Student Conduct Board or University Conduct Board.

Section D: Appeals of Behavioral Hearing Outcomes

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 upheld, the Student Conduct Administrator 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.

Section A: Composition of University and Student Conduct Board Hearings

Members of the University Conduct Board may hear matters on any campus. The University Conduct Board shall consist of students and University employees.

Members of the Student Conduct Board may hear matters on any campus. The Student Conduct Board may consist of undergraduate and graduate students.

At the commencement of the academic year, the Dean of Students or Student Conduct Administrator may select student candidates for service.

Section B: Hearing Boards

University Conduct Board: Each University Conduct Board hearing may be conducted before a hearing panel consisting of a minimum of three (3) members of the University Conduct Board.

The Chair shall be responsible for conducting the hearing in an orderly and efficient manner and, for that purpose, may make decisions related to admission of evidence and witness testimony. The purpose of the hearing is to make findings of fact with respect to the matter before the panel and for that reason character witness testimony shall not be permitted.

Student Conduct Board: Each Student Conduct Board hearing shall be conducted before a hearing panel consisting of a minimum of three (3) members of the Student Conduct Board. The Student Conduct Administrator shall select the hearing panel from those available for service.

The Chair shall be responsible for conducting the hearing in an orderly and efficient manner, and for that purpose, may make decisions related to admission of evidence and witness testimony. The purpose of the hearing is to make findings of fact with respect to the matter before the panel and for that reason character witness testimony shall not be permitted.

Section C: Advisors of University and Student Conduct Board Hearings

Students have the right to be accompanied by an advisor of choice to assist them and advise them throughout the investigation process and the Student Conduct Process, including at meetings and hearings. No person can be compelled to serve as an advisor, and if the student is unable to secure a willing advisor, the student may nonetheless participate in the hearing without an advisor. Members of the University Conduct Board who were not chosen to be on the hearing panel are available to assist students before and during a hearing, but no student is required to select an advisor from this pool.

The advisor may advise the student, but may not participate in the hearing in any other capacity and may not be a witness. Advisors may not testify on behalf of the accused student, nor may they ask or answer questions on behalf.

Students participating in a Conduct Board hearing must inform the Office of Student Conduct if they intend to utilize an advisor of choice at least two (2) school days prior to the scheduled hearing date. Advisors may not appear at the hearing in place of the student.

Section D: Witnesses of University and Student Conduct Board Hearings

Students participating in a Conduct Board hearing must submit to the Office of Student Conduct a list of witness(es) they intend to invite to the hearing at least two (2) school days prior to the hearing. A witness may appear at the hearing in person. The Chair has the discretion to exclude any witness. At the discretion of the Chair, accommodations for witnesses may be made. The hearing panel may request the appearance of any additional witness it deems appropriate.

Section E: General Provisions for Hearings of Both University Conduct Board and Student Conduct Board

The following general provisions are common elements for Conduct Board hearings:

• At the hearing, a Student Conduct Administrator may serve as the complainant or reporting individual.
• The Chair is responsible for the orderly and proper functioning of all hearings and for ensuring that both parties receive the opportunity to present relevant facts.
• Hearings are private and are not open to members of the University community or to the public. Conduct 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, disruptive or disorderly behavior in the presence of the hearing panel shall be removed from the hearing room at the sole discretion of the Chair. No unauthorized audio or video recordings of the hearings may be made.
• The University reserves the right to have an attorney present as a part of the Conduct Board hearing process.
• If any student does not appear for the hearing at its scheduled time, the hearing may proceed at the discretion of the Chair.
• Strict conformity to the legal rules of evidence shall not be required at hearings. A finding of responsibility in all matters shall be based on a preponderance of the evidence standard.
• A student may participate in the hearing directly by their attendance. A student may also participate remotely through video conferencing or by telephone. A student may also choose not to participate, or to submit a written statement for the panel’s consideration to substitute for their presence.
• All students shall be given the opportunity to address issues related to potential conflicts of interest regarding the panel members selected for the hearing.

Section F: Procedure

The Chair shall explain the function of the hearing and verify that all participants are aware of their rights before the hearing panel. All participants shall be asked to affirm the truthfulness of their testimony and reminded that providing false information to the hearing panel is itself a violation.

The Chair shall ask whether there will be any witnesses participating in the hearing, remind the accused student and the complainant of the right to be present at all stages of the hearing process except deliberation, and read the charges aloud.

A Student Conduct Administrator may separately present the incident report, the charges and, as necessary, any statement submitted on the case. Hearing panel members may separately question the Student Conduct Administrator as appropriate.

The Chair shall offer participants the opportunity to answer relevant questions by any member of the Conduct Board. If a participant refuses to answer any question that question and/or answer may not later be presented as grounds for any appeal.

Participants may question all witnesses who testify at the hearing. Questions shall be submitted to a Conduct Board member, who shall direct them to the witness at the Chair’s discretion. Conduct Board members may question witnesses called by the participants.

Witnesses shall not be allowed in the hearing room prior to their testimony. Witnesses shall be asked to affirm the truthfulness of their testimony and informed that providing false information to the hearing panel is a violation of the Student Code of Conduct. All witnesses shall be excused from the hearing room upon completion of their testimony. The Chair shall advise these witnesses that they are not to discuss their testimony outside the hearing room, including during any breaks in the hearing. The members of the Conduct Board may recall any witnesses if needed.

Section G: Deliberation

Upon conclusion of all testimony the Conduct Board shall meet in private to deliberate the matter. The determination of responsibility for violations is decided by a majority vote of the Conduct Board.

Section H: Notification

After the hearing and deliberations have been completed, the Chair shall send written notification of the results of the hearing to the Student Conduct Administrator. The Student Conduct Administrator shall notify the accused student of the outcome.

Section I: Hearing Records

All written records of proceedings are confidential and are the property of the University.

Section A: Right of Appeal

Once the hearing has been completed and a determination has been made, the accused student may appeal the finding of responsibility.

Section B: Status Pending Appeal

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

Section C: Standard for Appeals

A decision set forth by the Student Conduct Board or University Conduct Board may be revised or overturned only when it is demonstrated that:

• the student has submitted or presented information that indicates an omission in the Student Conduct Process that may have affected the final outcome of the board’s decision; or
• there is new evidence which did not exist at the time of the hearing that would have a bearing on the Board’s original findings; or
• the investigator or decision-maker had a conflict of interest that affected the outcome of the matter.

Section D: Timing of Appeal

A student wishing to appeal must provide notice to the Student Conduct Administrator in writing within seven (7) days of delivery of the decision letter. A student preparing an appeal is entitled to review all materials submitted to the Conduct Board, provided the student agrees to not share the material with anyone other than his or her advisor or attorney. Review of materials must be done by appointment with the Student Conduct Administrator.

The Student Conduct Administrator, upon receipt of the detailed written appeal, shall refer the appeal to the Student Conduct Appeal Board or the University Conduct Appeal Board, depending on which hearing body heard the matter originally.

Section E: Composition

The Student Conduct Appeal Board shall consist of the Student Conduct Administrator, functioning as the Chair with the power to vote.

The University Conduct Appeal Board shall consist of three (3) members; the Chair with the power to vote, and two (2) additional panel members. The two additional panel members cannot have served on the panel that issued the decision being appealed.

Section F: General Provisions

The following general provisions are common elements of appeals:

• Parties are responsible for strict adherence to all deadlines and procedures for the filing and processing of appeals.
• Failing to present information or witnesses that were known to the student at the time of the original hearing shall not be considered new evidence.
• The burden is on the appealing student, not on the Appeal Board to overturn the original finding.
• The appealing student does not ordinarily appear at the review; however, the University reserves the right to request that the student meet with the Appeal Board before the Appeal Board makes a decision.

Section G: Outcomes of Appeals

Should an Appeal Board determine the criteria of a successful appeal has not been met, the accused student shall be informed in writing of the decision. Once it has been determined that the appeal has been denied, the matter is concluded.

Should an Appeal Board determine that one or more of the criteria of a successful appeal has been met, the accused student shall be informed of the Board’s decision to:

• dismiss the finding;
• modify the finding; or
• refer the matter to the appropriate hearing body for further review.

Section A: General Provisions

The sanctions listed below are imposed by the Office of Student Conduct to hold students accountable for Student Code of Conduct violations. Previous offenses may be considered when determining sanctions. More than one (1) of the sanctions listed below may be imposed for any single violation.

Section B: Sanctions

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 the decision to violate the Student Code of Conduct and/or Residence Hall Policies and Procedures.

Fines: Previously established fines for various conduct violations will be billed directly to a student’s account.

Restitution: Financial compensation for losses or damages.

Discretionary Sanctions: Community service work, reflection papers, behavioral contracts and other discretionary and educational responses.

Service or Educational Assignment: The requirement that a student performs some service or engages in some activity having some relationship to the conduct violation that would benefit both the student and the community.

Written Assignment: The requirement that a student reflects upon his or behavior through a written assignment, that may include a reflection regarding how 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.

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 additional 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 additional 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.