The following procedures apply when a student is alleged to have violated the Community Standards or any other college policy that does not have its own separate procedures. The college will decide how to address a situation that potentially involves violations of multiple policies.
Any person, including students, college employees, or third parties (visitors, neighbors, etc.), may report an incident of a student or group of students’ alleged misconduct. The person who reports the incident may be the alleged victim or a witness, or someone who otherwise has sufficient information to submit a report. An incident report generally leads the college to initiate a complaint. The college may also initiate complaints upon receipt of information that a student or group of students has engaged in alleged misconduct.
The college has the authority to impose an Interim Suspension, which requires a student to leave college property pending the outcome of the complaint process. During this time, the student is subject to all of the terms of the suspension and any additional provisions outlined in writing to the student. During an Interim Suspension, the student generally cannot participate in any college activities, such as academic coursework, student employment or activities, or college events, and cannot be on college property for the duration of the suspension. An Interim Suspension may be imposed:
The college may impose additional or alternative interim measures pending the outcome of the complaint process, which may include no-contact orders, counseling, or other requirements determined necessary in light of the complaint.
The college will review each complaint and determine the appropriate procedure to address it. In deciding the appropriate procedure, the college may consider, among other factors, the alleged misconduct’s nature and severity, the accused student(s)’ prior conduct record, and the alleged violation’s effect on individuals or the community.
As necessary, the college reserves the right to initiate a complaint, serve as complainant, and initiate or streamline conduct proceedings without receiving a formal complaint from a victim or community member.
Unless it is determined that no action is required on the complaint, the student will be notified of the complaint, and if appropriate, offered the opportunity to meet with a support person.
If the student admits the alleged misconduct and wishes to negotiate a resolution, the appropriate college official will determine whether a negotiated resolution is appropriate, and if so, will work with the student to determine whether an appropriate response or sanction can be agreed upon between the student and the college. This is referred to as an “admitted and negotiated resolution.” The student’s participation must be voluntary, and a condition of such a resolution is that it cannot be appealed.
If a student admits the alleged misconduct, but does not want to negotiate a resolution, or does not admit the alleged misconduct, the complaint may be assigned for further processing, which may include:
A panel will not hear all incidents of alleged violations or complaints; the Vice President for Student Engagement or their designee retains the discretion to investigate, determine whether a policy violation has occurred, impose sanctions, or otherwise resolve a complaint without referral to a panel.
If a complaint is assigned to a panel, the panel may schedule a formal meeting with the student to question the student about the complaint and provide the student an opportunity to share information with the panel. The panel considers all relevant evidence, which may include information learned during the formal meeting with the student, and makes a recommendation regarding whether any violation has occurred and a recommendation for sanction(s) to the Vice President for Student Engagement.
Ultimately, the Vice President for Student Engagement or their designee decides how the complaint will be resolved, including whether the student is responsible for violating the Standards, and the sanction(s) to be imposed, and the student is notified of the decision in writing.
The standard of proof needed to determine whether a violation of the Standards has occurred is a “preponderance of the evidence,” meaning that the evidence shows that it is “more likely than not,” or more than 50% likely that the student is responsible for the violation.
Note: Just as students with disabilities may be eligible for accommodations in their classes and living environments and other aspects of their educational experience at the college, accommodations may be available for Community Standards procedures as well. Students with disabilities who request accommodations should contact the ADA Coordinator.
The following sanctions apply when a student is found to have violated the Standards, unless another applicable policy has its own sanctions that apply to the alleged misconduct.
If a student violates multiple policies arising from the same or related facts and circumstances, the college will decide how to impose the appropriate sanction(s).
Although students’ conduct is usually addressed through the processes outlined in the Community Standards Procedures, the college has discretion to address student conduct concerns in any manner in which it deems appropriate, including imposing sanctions up to, and including, suspension or expulsion when the conduct is considered to be in severe conflict with the best interests of St. John’s College or in severe violation of the Community Standards. Such sanctions may be initiated according to the discretion of the Vice President for Student Engagement, in consultation with the Assistant Dean or their designee. Among other factors, the need for confidentiality, immediate action, or the protection of others may prompt such action. The college also reserves the right to grant a reprieve from, or reduce, sanctions when circumstances warrant.
The Vice President for Student Engagement, in consultation with the Assistant Dean or their designee may dismiss students from St. John’s College if their conduct is deemed to violate these values and standards egregiously. The Community Standards and the processes outlined apply to the conduct of both individual students and groups of students (both informal and college-recognized groups).
The sanction(s) that may be imposed when a student is found to have violated the Standards will vary, and multiple sanctions may be assigned for one violation. Sanctions in the form of loss of on-campus housing, disciplinary probation, or suspension will limit a students’ opportunities and activities on- and off-campus, including, but not limited to, hosting, room selection, and off-campus programs. For programs such as ARIEL and Pathways, students currently on disciplinary probation or suspension are not eligible. Sanctions may not always be incremental, and a student or group may receive the most severe sanction even for a first offense. The college may consider various factors when determining appropriate sanctions, including, but not limited to, the following:
The sanctions (in alphabetical order) that may be imposed on individual students or a group of students include, but are not limited to, the following:
The following additional sanctions (in alphabetical order) may be imposed on a group of students:
The College encourages reporting and recognizes that a reporting party, complainant, or witness who has been drinking or using drugs, or who otherwise engaged in conduct in violation of the Community Standards Policy, at or near the time of the incident may be hesitant to make a report or participate in an investigation because of potential consequences for their own conduct. To address this concern, the College has implemented an amnesty policy for reporting parties, complainants and witnesses who participate in an investigation of sexual misconduct. Students who report an alleged violation of this policy, either as a reporting party, complainant, or a third-party witness, will not be subject to disciplinary action by the College for their own personal consumption of alcohol or drugs, or for a violation of the Community Standards Policy, at or near the time of the incident. The College may initiate an educational discussion or pursue other educational remedies. Amnesty does not apply to violations that the College determines to be egregious, including actions that place the health or safety of any other person at risk or involve plagiarism, cheating, or academic dishonesty. Furthermore, the College encourages students to offer help and assistance to others in need. Sometimes, students may be hesitant to offer assistance to others for fear that they may get in trouble themselves. For example, an underage student who has been drinking or using cannabis might hesitate to help an individual who has experienced sexual misconduct contact Public Safety. To encourage students to offer help and assistance to others, the College provides amnesty for minor violations when students offer help to others in need. When policy violations cannot be overlooked, educational options, rather than punishment, will be provided to those who offer their assistance to others in need. In all circumstances, amnesty will not apply if someone is found to have possessed, used, provided, or administered alcohol or other drugs for the purpose of facilitating sexual assault or harm to others.
Any student who is disciplined may appeal, unless the student has agreed to waive their right to appeal as part of a negotiated resolution. A student is limited to submitting one appeal per case.
An appeal may be based on one or more of the following:
The student must direct a written appeal request to the Vice President fro Student Engagement or their designee within seven calendar days from the date of receipt of the letter (not including the date of receipt) that advised the student of the finding of responsibility and sanction. Appeal letters should include: The grounds stated for the appeal (new evidence or information; failure of process, and/or bias in the decision-making process); any supporting documentation, and information and arguments relevant to support the appeal.
The Vice President for Student Engagement or their designee will make the decision on an appeal based on the criteria listed above. The decision may include affirming the sanction(s), referring the complaint to another panel, or modifying or reversing the sanction(s) imposed.
Note: Sanctions are effective the date of the letter that advises the student of the finding of responsibility and sanction(s). Even when an appeal is requested, the sanction(s) will be imposed. If a student wishes to have a sanction suspended pending the outcome of an appeal, the student must specify this in their request for an appeal. The Vice President for Student Engagement or their designee has the discretion to grant a suspension of a sanction.
At the discretion of the Vice President for Student Engagement, or their designee, and in accordance with applicable law, including FERPA, the college may contact a student’s parent/legal guardian to inform them of the finding of responsibility and any sanctions in cases that so warrant, including, but not limited to, cases that involve alcohol or drugs or where the student’s wellbeing was endangered significantly.
When a student is found responsible for violating the Community Standards, a disciplinary conduct file is created. This file contains information pertinent to conduct proceedings in which the student has been involved and found responsible and is maintained by the Student Engagement Office. After a student graduates from the college, all recorded violations, are retained for seven years as the college is required to retain such files in accordance with applicable law. This means that, officially, the violations will no longer be part of the student’s conduct file for post-graduation reporting purposes (e.g., employment or graduate school admission) after seven years. However, the college does maintain records of severe violations (those that result in suspension or expulsion) permanently. If a government agency requests disciplinary records that the student has given permission to release (e.g., for employment), the full disciplinary record will be released. If a student has any questions about this policy, the student may contact the Student Engagement Office.
