General Provision

• The term “University” means St. John’s University.
• The term “student” includes all persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate or professional studies. The term “student” also includes persons who are enrolled at the University but are on an authorized leave of absence, persons who are between periods of enrollment and persons who have accepted an offer of admission to the University.
• The term “member of the University community” includes any person who is a student, faculty member, University official, or employee of a University vendor.
• The term “University premises” includes all land, buildings, facilities and other properties in the possession of or owned, used, leased or controlled by the University (including adjacent streets and sidewalks). The term includes property the University leases from third parties or contracts with third parties for the use of, including buses and vans.
• The term “Student Conduct Administrator” means a member of the University community authorized on a case-by-case basis to adjudicate alleged violations of the Student Code of Conduct and to impose sanctions on any student(s) found to have violated the Student Code of Conduct.
• The term “policy” means the written regulations of the University as found in, but not limited to, the Student Code of Conduct, Residence Life Handbook and the Human Resources Policy Manual.
• The term “complainant” means any person who alleges that a student violated a University rule, regulation or policy. The University may also be a complainant.
• The term “accused student” or “respondent” means a person accused of violating a University rule, regulation or policy.
• The term “Administrative Action” means an action taken by the Office of Student Conduct 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 term “University Policy 703” refers to the St. John’s University Sexual Misconduct Policy and Procedures. Please see the Appendix for more information.
• The term “University Policy 704” refers to the St. John’s University Policy Against Bias, Discrimination and Harassment. Please see the Appendix for more information.
• The term “shall” is used in the imperative sense.
• The term “may” is used in the permissive sense.

The Student Conduct Process governs behavior that occurs on and off-campus and applies even if the accused student withdraws from the University, is no longer enrolled in classes, or subsequently fails to meet the definition of a student while a matter is pending.

All members of the University community are subject to federal, state and local laws. A student who is accused of violating a law may face disciplinary action under the Student Conduct Process, up to and including expulsion from the University.

St. John’s University does not discriminate on the basis of race, color, national or ethnic origin, sex (including sexual harassment and sexual violence), sexual orientation, gender identity and gender expression, disability, religion, age, status in the uniformed services of the United States (including veteran status), marital status, status as a victim of domestic violence, citizenship status, genetic predisposition or carrier status in its programs and activities as required by Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990 and the Amendments Act, Section 504 of the Rehabilitation Act of 1973, Title VI or Title VII of the Civil Rights Act of 1964, and other applicable statutes and University policies.

At St. John’s University, we are fortunate and proud to reside in one of our country’s most diverse places — New York City. Our Mission and strong commitment to our Core Values support and direct the University’s response to bias-related incidents. It is imperative for St. John’s University to be an institution where all members of our community feel safe to acquire knowledge and to pursue their academic interests. St. John’s University does not tolerate bias-related offenses in our community.

Bias incidents may include acts, words (written or verbal) or conduct targeting a person or group. Examples include name-calling, use of epithets, slurs or degrading language directed toward the targeted person or group, vandalism, symbols and other offenses against property involving graffiti or degrading images, threats or harassment. Incidents of bias may contribute to a hostile campus environment and can occur even if the act itself is unintentional or delivered as a joke, prank or with humorous intent.

Bias incidents involving students are governed by University Policy 704 of the Human Resources Policy Manual. The Office of Human Resources may refer violations of University Policy 704 to the Office of Student Conduct for further adjudication.

The health and safety of students shall always be of the utmost importance to all members of the University community. St. John’s students are always expected to contact appropriate authorities in the event of any health or safety emergency, even if violations of the University's Alcohol or Drugs policy may have occurred in connection with that emergency. 

St. John’s has adopted a Good Samaritan Policy to remove barriers for students seeking emergency attention during alcohol and drug-related incidents. The University understands that a student’s concern about possible disciplinary action may unnecessarily deter their desire to seek emergency attention for themselves or others. The Good Samaritan Policy is intended to create an environment in which people in need will receive the necessary care when they need it the most, without fear of a punitive outcome resulting from protecting their health and safety.

In situations where someone requires emergency attention during an alcohol or drug-related incident on- or off-campus, all students who are aware of this need are expected to:

• Immediately and proactively contact an appropriate authority (e.g. Public Safety, Resident Assistant, 911) to seek emergency attention. 
• Remain with the individual requiring emergency attention until emergency responders arrive and provide any necessary information to responders. 

Any student who abides by these expectations shall not be referred to the Office of Student Conduct for an Alcohol or a Drugs violation. This privilege extends to a student receiving emergency care for alcohol or drug intake.

When an incident that falls under the Good Samaritan Policy occurs, the student(s) involved may later be required to meet with the appropriate member(s) of the University community to review the matter. Students shall not be found responsible for a Code violation or assigned a punitive sanction as a result of their actions. However, students may be assigned to participate in an appropriate educational intervention at the discretion of the person(s) they meet with.

The Office of Student Conduct reserves the right to address any associated acts that compromise the well-being of the community and its members on a case-by-case basis, as deemed appropriate or necessary. This includes, but is not limited to: harassment, violence, damage to property, harm to self or others, or distribution of illegal substances.

The following are the rights of all St. John’s students participating in the Student Conduct Process:

• Notice: To receive via their St. John’s e-mail a statement describing the alleged violation(s) of the Student Code of Conduct; notification of the date(s), time(s), and location(s) of any scheduled meetings or hearings; the outcome of their conduct matter (In Violation/Not in Violation); and any sanction(s) imposed.
   
• A Fair and Unbiased Process: To be treated fairly and equitably at all stages of the Student Conduct Process.
   
• Participation: Students may participate in a Behavioral Hearing directly by their attendance, provided that the student abides by all University policies when doing so. 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 to substitute for their presence. Failure to attend a hearing is not grounds for appeal. Students who elect not to participate shall have their conduct matter adjudicated regardless of their level of participation. Students are still expected to abide by all decisions made by the Office of Student Conduct and comply with any sanctions imposed.
   
• An Advisor of Their Choice: To retain an advisor to assist them in the Student Conduct Process.
   
• Witnesses and Relevant Evidence: To present information or witnesses on their behalf for consideration during the Student Conduct Process, subject to reasonable limitations imposed by the Student Conduct Administrator.
   
• Appeal: To appeal the decision of the Student Conduct Administrator.
   
• Non-Discrimination: To be free from discrimination or bias related to their gender, gender identity, sex, sexual orientation, race, ethnicity, nationality, age, political affiliation, religious affiliation, marital status, veteran status, disability or any other protected characteristic in the conduct process.
   
• Freedom from Retaliation:  Freedom from any attempt to intimidate, threaten, coerce or discriminate against any individual who reports a violation of the Student Code of Conduct or participates in either the Student Conduct Process or any type of other University investigation. Students who engage in retaliation may be charged with violations of the Student Code of Conduct.

St. John’s University is committed to providing options, support, and assistance to reporting individuals of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in University-wide and campus programs, activities, and employment.

All reporting individuals of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad.

Reporting individuals have many options that can be pursued simultaneously, including one or more of the following:

• Receive resources, such as counseling and medical attention;
• Confidentially or anonymously disclose a crime or violation;
• Make a report to an employee with the authority to address complaints, including (but not limited to) the Title IX Coordinator, a Deputy Title IX Coordinator; the Department of Public Safety; local law enforcement; and/or Family Court or Civil Court.
• All students have the right to:
• Make a report to local law enforcement and/or the New York State Police;
• Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
• Make a decision about whether or not to disclose a crime or violation and participate in the process set forth in University Policy 703 or criminal justice process, free from pressure from the University;
• Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
• Be treated with dignity and to receive from the University courteous, fair, and respectful health care and counseling services, where available;
• Be free from any suggestion that the reporting individual is at fault when these crimes and violations are reported, or should have acted in a different manner to avoid such crimes or violations;
• Describe the incident to as few University representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
• Be free from retaliation by the University, the responding individual, and/or their friends, family and acquaintances within the jurisdiction of the University;
• Access to at least one level of appeal of a determination;
• Be accompanied by an advisor of choice who may assist and advise a reporting individual or a responding individual throughout the conduct process, including during all meetings and hearings related to such process;
• Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or conduct process of the University.

Additional resources regarding the University’s response to sexual misconduct or gender discrimination complaints can be found here. Find out more about the resources available at St. John’s University, as well as details on how to make a report, by visiting the SOAR website.

The Family Educational Rights and Privacy Act (FERPA) articulates the privacy rights protecting a student’s education record. This includes information regarding any violations of University policy, including the Student Code of Conduct.

FERPA permits disclosure without a student’s consent when disclosure is determined to be necessary to protect the health or safety of the student or others. FERPA also gives the University discretion to disclose to any parent or legal guardian of a student under the age of 21 information about a Student Code of Conduct violation regarding Alcohol or Drugs or when a student is listed as a dependent on their parent’s most recent tax return.

Students wishing to allow the Office of Student Conduct to disclose information from their conduct record to a third party, including parents or guardians, must fill out this form in its entirety. All submitted forms are subject to verification by the Office of Student Conduct before disclosure takes place.

There may be instances where the University is obligated by law to disclose information from the student’s education record without prior notice to the student or permission from the student. For more information, please review the FERPA regulations at 34 CFR Part 99.

St. John’s University shall, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

The term ‘‘crime of violence’’ means:

• an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or;
• any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.