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.