III. Initiation of Student Conduct Process

Section A: Incident Report, Interim Actions and Behavioral Hearing

1.  Commencing the Process by Filing Incident Report
An incident report is a description of an alleged violation of the Student Code of Conduct. Any member of the University community may report an alleged violation of the Student Code of Conduct, in writing or in person, to the Dean of Students or a Student Conduct Administrator or a University official. If the report to the Dean of Students or other administrator is initially verbal, the person making the report may also provide a written statement to the Dean of Students or other administrator. Upon receipt of the incident report, a Student Conduct Administrator or designee may conduct a preliminary investigation to determine whether the charges listed in the incident report have merit. The preliminary investigation may consist of interviewing witnesses, the accused student, the complainant or reviewing documentary evidence, if any.

If the Student Conduct Administrator or designee finds sufficient reason to make a formal charge against the accused student, the Student Conduct Administrator or designee shall inform the accused student in writing of the charges via the student’s St. John’s email account.  Students are responsible to maintain and regularly check their email account.  The writing shall state:  (1) the nature of the conduct the student is accused of violating; (2) the date of the incident; and (3) instructions on how to resolve the matter.  These instructions will include the name of the administrator that the student is to meet with in a Behavioral Hearing, a deadline to have scheduled and met with the administrator, and instructions on how to set up the meeting. 

2.  Interim Actions
At any time during the Student Conduct Process, and at the discretion of the Vice President of Student Affairs, the Dean of Students or designee, the accused student may be issued an interim sanction, including interim suspension, a “no contact” order with the student who raised the concern or with other students involved or with knowledge of the matter, limitation of access to designated University facilities and/or residence halls by time and location, limitation of privilege to engage in specified University activities and/or reassignment to alternate housing or removal from housing. An interim suspension may include a denial of access to the residence halls, or the campus (including classes) and to all other University activities or events, which the student might otherwise be eligible to participate in or attend. 

Interim actions will ordinarily be issued in the following circumstances: (1) to ensure the physical or emotional safety and well-being of members of the University or its property; (2) to ensure the accused student’s own physical or emotional safety and well-being; or (3) if the accused student poses an ongoing threat or disruption of the normal operations of the University.

Interim action, including interim suspension, may be utilized for any student accused of sexual misconduct in any form, harassment or physical abuse against another. Students accused of such violations are not permitted to have any contact with the complainant regardless of the issuing of the interim action. 

Once imposed, an interim suspension takes effect immediately. The decision to suspend in advance of a hearing is not subject to review.  A suspension pending a hearing is not a University sanction, and no notation of it will be made in the student’s transcript or file.

3.  Behavioral Hearing

The Behavioral Hearing is an administrative hearing where the charged student will review the incident, respond to the charges, and discuss the circumstances.  The Student Conduct Administrator or designee will in his or her discretion provide the student with information concerning his or her rights, and will make determinations concerning the student’s responsibility and consequences/sanctions or will provide verbal notice whether the case will be heard by either the Student Conduct Board or the University Conduct Board.

  • Failure to Attend Behavioral Hearing
    Students who fail to schedule and/or 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 will administer findings and consequences/sanctions in their absence or forward the case to the Student Conduct Board or University Conduct Board.
     
  • Behavioral Hearing Outcomes
    The following are possible outcomes of the Behavioral Hearing:
       
    Dismissal of Charges: If the Student Conduct Administrator or designee determines at the conclusion of the Behavioral Hearing that no action is warranted, the charges will be dismissed and the Student Conduct Administrator or designee shall confirm the dismissal in writing.

    Administrative Determination: If the Student Conduct Administrator or designee determines that further action is warranted in his or her sole discretion, but the matter is not serious enough to warrant a recommendation of expulsion or suspension (e.g., not egregious) the Student Conduct Administrator or designee shall resolve the matter at the conclusion of the Behavioral Hearing. In this instance, the Student Conduct Administrator or designee shall issue Sanctions as set forth herein in Article V, Section B. This administrative determination shall be presented to the student in writing containing a description of the violation and a statement of the sanction to be imposed.  Behavioral Hearing determinations may be appealed as set forth herein. All penalties and remedies listed in Article V, Section B may be assessed through administrative determination or through the vested authority set forth herein.

    Appeal of Behavioral Hearing:
    A sanction imposed by a Student Conduct Administrator or Student Affairs Administrator may be appealed in writing to the Dean of Students or designee within five (5) school days of the written decision. A determination on appeal may be overturned only when it is demonstrated that: (1) the student has submitted/presented information that indicates an omission in the Student Conduct procedure that may have affected the final outcome of the decision; (2) the determination below 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 Board’s original findings. 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.

    Referral to Student Conduct Board or University Conduct Board: If after the Behavioral Hearing, the Dean of Students or designee determines that a conduct board should hear the matter, the Dean of Students or designee shall refer the matter to either the Student Conduct Board or University Conduct Board for a hearing.  Referral to a hearing is in the discretion of the Dean of Students or designee. If the Dean of Students or designee refers a matter to a conduct board, the charged student may request to proceed in an administrative hearing before the Dean of Students.  It is in the discretion of the Dean of Students to accept or reject the request. 

The charged student will be notified, in writing, of the alleged violation(s) and the date when the hearing will be held.

A matter ordinarily 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 ordinarily 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 Student Conduct Board or the University Conduct Board, the Student Conduct Administrator will provide the charged student with information on the appropriate conduct board’s processes and procedures.

Violations of Criminal Statutes, Laws, Regulations
If an accused student is charged with the violation of a 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 Dean of Students. Any determinations regarding violations of the Student Code of Conduct are made independent of law enforcement disposition of the matter. The University does not offer legal advice or counsel to students facing criminal charges.