Civility and Responsibility

St. John’s College is a community of learning. The college expects its members to conform to standards of civility that make communal life and work possible. Foremost among these standards is respect for the person and property of others. Such respect is shown in both speech and action. All members of the community should expect this respect from others and must behave toward others in a way that makes such respect clear. In a community that brings people from diverse backgrounds together, this may require a deliberate effort to understand those with whom one is working and living. The college expects this effort from all its members; such an effort is essential to the intellectual enterprise in which we are engaged.

All members of the college community share responsibility for upholding standards of decency and civility conducive to study and reflection, and the obligation to cooperate with others whose habits differ from one’s own. For the good of the community, the college also expects all students, regardless of consequences, to report their own misdeeds, to try to persuade others to report their own misdeeds (when the student can safely do so), and to report the misdeeds of those who cannot be persuaded. Failure to comply with the college’s expectations of community standards and the failure or refusal to report misbehavior may lead to disciplinary action up to and including expulsion.

Expectations of Student Conduct

The purpose of Community Standards Proceedings is to create a standardized and fair process to address alleged violations of the shared expectations around behavior. The procedures outlined do not attempt to recreate or approximate a court of law or any specific legal standard, like “due process,” while still reflecting a process that is fair, consistent, and reliable. The procedures present a framework and guardrails, but they are not immutable; minor deviations in the discretion of the College shall not invalidate a decision or process. The procedures here do not apply to any proceedings or matters addressed through a more specific college policy or procedures, such as the Title IX Sexual Harassment Policy, the College Sexual Misconduct Policy, the Discrimination and Harassment Policy, or the Sexual Intimacies Policy.

The Vice President for Student Affairs, or designee, in consultation with the Assistant Dean or Associate Dean, as appropriate, will determine which policy or procedure most appropriately applies to a given incident or set of incidents. The case will then be referred for investigation and resolution as outlined.

Community Standards

The Community Standards set a range of expectations for St. John’s College students and student organizations, such as clubs, regardless of where or when the conduct may take place, whether on college property, at college-sponsored events or programs, or off campus. The Community Standards also apply to conduct that takes place at any time from the date that students are admitted to the college until they have graduated, including during the summers, between semesters, and the interim period after classes end for the semester and before graduation. The Community Standards also apply to students when they host guests who violate college policies, in which case, students may be held accountable for their guests’ misconduct.

The following are general categories of behavior, or attempted behavior, that are discouraged and prohibited under the Community Standards. These examples include, but are not limited to:

Access Without Authorization: Entering or remaining on or in any part of any college premises without proper authorization.

Alcohol/Other Drug Violations: The Student Alcohol and Other Drugs Policy describes the standards of student conduct regarding the possession, use or distribution of alcohol, controlled substances and marijuana; outlines the sanctions enforced under college policy, and local, state, and federal law; and provides information regarding health risks and treatment services for substance abuse available to students and employees of the College.

Consistent with the Alcohol Medical Amnesty Program, the Good Samaritan Statement, the Title IX Sexual Harassment Policy, and the College Sexual Misconduct Policy, the college declines to charge witnesses or complaining parties to an incident of sexual misconduct and/or those seeking medical help during the same timeframe as an alcohol/other drug violation except under limited circumstances where the health and safety of other students are implicated.

Community Disturbance: Making excessive noise either inside or outside a building, including but not limited to shouting, pounding objects or surfaces, or playing music or other electronics at a loud volume. This also includes interfering with any normal college or college-sponsored events, including but not limited to studying, teaching, administration, fire, police, or emergency services.

Community Safety Concerns: Students are expected to act in ways that minimize the risk of harm and promote personal and community safety. Examples of violations include, but are not limited to, misuse or damage to safety equipment; knowingly or negligently causing or attempting to cause a fire; initiating or causing to be initiated any false alarm/report, warning, or threat of fire, explosion, or other emergency; failing to evacuate a building during an emergency drill or actual emergency; intentional or unintentional throwing, dropping, allowing to fall, lowering of, or in any way putting any object, solid or liquid, out of a window or from any building structure including but not limited to a balcony, rooftop deck, stairwell, or any equivalent interior structure of any building; and use or possession of fireworks.

Damage of Property/Vandalism: Damage is defined as destroying, defacing, or damaging the property of others, including college property. In addition to being referred for potential discipline under these Standards, as damage to college property has a financial effect on the college, the repair charges and/or related fines will be assessed to the student(s) found responsible for the damage. A fine may be assessed for the damage and the actual cost of repair.

Deception/Dishonesty: Students are expected to be honest and demonstrate a respect for the truth and to act in ways that are not deceptive or manipulative. It is prohibited to furnish false, falsified, or forged information or to withhold information from a college representative knowingly, including information requested in association with any college policy or procedure’s enforcement. This includes making false statements, as well as falsifying or misusing documents, accounts, records, identification, or financial instruments. Unauthorized use, possession, lending or duplication of means of access (such as keys or ID Cards) to college facilities, including the dining hall, is also prohibited.

Disorderly/Abusive Conduct: The college prohibits disorderly or abusive conduct. This includes but is not limited to verbally abusing college officials acting in performance of their duties; acting in a manner that threatens, endangers, or harasses others; disrupting, obstructing, or interfering with the activities of others; or behaving in a lewd or indecent manner.

Hazing: Any action taken, or situation created as part of a program to join, remain in, or receive new status within a group which might reasonably endanger mental or physical well-being; or entail servitude, degradation, embarrassment, harassment, actual or perceived safety risk, or ridicule regardless of an individual’s willingness to participate and regardless of the intent of those who create the situation or take the action.

Non-Compliance with College Officials: Failure to comply with reasonable directions of officials, including Public Safety acting in performance of their duties. This includes directives to adhere to orders of “no contact” or a “persona non grata” status, or to produce identification. This also includes violating the terms of any Community Standards sanction or any sanction assigned under another college policy.

Physical Harm, Threats or Abuse: Engaging in conduct that causes or is likely to cause physical harm or threats of such conduct. Degree of harm, intent to harm, and minimal necessary self-defense to prevent a clear and imminent threat may indicate mitigating or exacerbating circumstances. Abuse of animals is prohibited.

Theft: Theft is defined as the unauthorized acquisition or possession of items and/or services that belong to another person or entity, including the College. This includes when a person is knowingly in possession of stolen property.

Violation of College Policy: Any violation of any college policy or regulation is prohibited. This includes, but is not limited to, the following policies specifically relevant to student life:

• Title IX Sexual Harassment Policy
• College Sexual Harassment Policy
• Sexual Intimacies Policy
• Discrimination and Harassment Policy
• Smoking Policy
• Weapons Policy
• Residential Housing Policies
• Social Media Guidelines and Policies
• IT Computing Policies

Please note many of these policies outline specific policy violations and procedures for resolution. In those cases, the procedures outlined within the specific policy govern.

Violation of the Law: Any violation of any local, state, or federal law is prohibited. The college may initiate disciplinary proceedings against a student who has violated federal, state, or local laws, regardless of actual or potential civil or criminal proceedings or whether the conduct would otherwise violate these Standards or another college policy. It is the college’s practice to pursue timely resolution through its conduct proceedings, rather than delay campus proceedings until the outcome of criminal and/or civil proceedings, unless requested to do so by law enforcement.

Violations of Privacy: Surreptitiously observing, photographing, or audio or video recording another person; surreptitiously receiving photographs or recordings of another person; or distributing photographs or recordings of another person, without their permission, in any context in which that person has a reasonable expectation of privacy. For example, individuals may not photograph or make recordings of other individuals in restrooms, locker rooms, or residence hall rooms without permission. Individuals also may not record telephone calls or meetings without permission of all participants (and individuals are duly warned that audio-recording without permission constitutes a felony under the laws of the state of Maryland). In all instances, permission must also be granted by all persons being photographed or video recorded. In a situation in which it is not acceptable to observe or take a photograph or make a recording, it is also not acceptable to publicly disclose that observation or publish a photograph or recording. Transmission, in print, by phone, via email, via social media, or any other means of technology constitutes publication. Publication of any photograph or recording is also subject to all applicable policies and laws, including copyright, in the same manner as any other image or document. Note that this policy does not alter any additional obligations created under state, local, or federal laws regarding recordings and privacy.

Case Referral

• Any person may report a student or students suspected of violating any of these Community Standards to the Director of Student Services or to Public Safety. All allegations will be reviewed to determine appropriate next steps.
• In cases where the outcome is unlikely to include removal from housing, suspension, or expulsion, the matter will be referred for a Community Standards Discussion. A Community Standards Discussion will normally consist of an informal, non-adversarial meeting between the student suspected of violating these Standards (the “respondent”) and a college administrative staff member. Most Community Standards Discussions result in a Community Standards Agreement.
• In cases where the outcome may include removal from housing, suspension, or expulsion, the matter will be referred for a Community Standards Conference. A Community Standards Conference will normally include the Director of Student Services and the Assistant Dean who will review all relevant information, speak with the respondent and other appropriate parties, determine a finding, and recommend sanctions.
• In cases where the respondent wishes to accept responsibility, the case may be resolved via a Community Standards Agreement. The agreement will include a statement that the respondent accepts responsibility for all alleged violations and includes sanctions appropriate to the totality of information known about the case. Student Conduct Agreements can include any status sanction (see sanction section), up to and including suspension and expulsion. If a Student Conduct Agreement is reached the respondent waives all rights to appeal. Student Conduct Agreements take effect when signed by the respondent and the college administrator managing the case.
• Any case that arises before or during a summer, academic, or break period may be heard during that same break period based on the availability of the relevant parties and staff. Otherwise, the case will be referred for Discussion or Conference during the following academic semester.

Interim Suspension

The Vice President for Student Affairs, or designee, in consultation with the Assistant Dean or Associate Dean as appropriate, may remove a respondent from college housing or suspend a respondent from the college for an interim period pending the conclusion of Community Standards Proceedings or for the period deemed appropriate whenever there is evidence that the continued presence of the respondent in the college community poses a significant threat to health or safety or to the stability and continuance of normal college functions. Interim suspension shall be considered an excused absence. Interim suspensions shall be conducted in accordance with the College’s Safety Intervention Policy [DL1], which includes a right to appeal.

No Contact Orders (NCO’s)

NCOs are non-disciplinary, non-punitive, individualized supportive measures put in place to help students maintain a healthy separation from one another when they have experienced a conflict, misunderstanding, dispute, or where the college determines a NCO is appropriate to avoid possible harm to a party (or parties), or is otherwise in the best interest of a party (or parties). NCOs are designed to maintain, for all involved, equal access to educational programs and activities and to protect the safety of all parties without unreasonably burdening or interfering with any party’s educational pursuits.

If a violation of an NCO occurs, and you are experiencing an immediate safety concern, you should go to or contact the Public Safety Office at 443-336-2348. Violations of an NCO should also be reported to the Vice President Student Affairs, Danielle Lico at danielle.lico(at)sjc.edu or the Director of Student Services, Taylor Waters at taylor.waters(at)sjc.edu and may result in conduct charges being brought by the college.

Procedural Guidelines

The following procedural guidelines are generally applicable to Community Standards Proceedings, unless otherwise noted. These procedures exist to establish standards of fairness, however, minor or necessary deviations from procedural guidelines shall not invalidate a decision or proceeding.

• It is expected that all participants will provide information that is true and correct. Any student who knowingly provides false information may face additional Community Standards charges. Any staff or faculty member who knowingly provides false information will be referred to Human Resources and/or the Office of the Dean as appropriate.
• Community Standards Proceedings will be closed to the public.
• Formal rules of evidence will not be applicable.
• Cases referred for a Community Standards Conference may be recorded.
• In instances where a reporting party or complainant requests and is approved to participate in a Community Standards Conference, the reporting party/complainant may submit an impact statement describing how the alleged misconduct has affected the reporting party/complainant. The reporting party/complainant may be notified of the outcome of the Conference, as allowed by law.
• Statements regarding the character of parties will not be considered unless deemed directly relevant to specific facts of the case.
• The following rights shall be provided to a respondent in any Community Standards Proceeding:
  • The right to notice of alleged violation(s) and date of the Conference at least three days in advance.
  • The right to receive notice with enough specificity to reasonably prepare a response.
  • The right to respond to information that will be used to make a decision.
  • The right to produce witness statements on one’s own behalf, including the possibility to present witness statements from persons who are not affiliated with the college; to present evidence; to know prior to the proceeding the contents of and the names of the authors of any written statements that may be used to make a decision and to respond to such statements.
  • The right to a decision based upon evidence. The Community Standards Proceeding does not, however, attempt to adhere to formal rules of evidence, as in a court of law. The reliance upon evidence shall be determined by principles of fundamental fairness.
  • The right not to be sanctioned unless the respondent accepts responsibility or decision makers find by a preponderance of the evidence that the respondent is in violation of the alleged misconduct.
  • The right to be accompanied in all proceedings by an advisor (student, faculty, or other) of the party’s choosing and at the party’s own expense. This does not include a right to have proceedings scheduled around the availability of the advisor.
  • The right to appeal decisions, as outlined within this document. In cases where a Student Conduct Agreement is reached the respondent waives the right to appeal.
  • The right to have cases processed in a time frame that balances expediency with thoroughness. This includes the right to be kept informed of any cause of any delays to the extent allowed by law.
  • The right to reasonable access to Public Safety reports and/or witness statements will be provided at least three days prior to and during the proceeding. Case files contain student educational records so access will be provided consistent with the Family Educational Rights and Privacy Act of 1974 (“FERPA”). This typically includes the ability for a student to view or listen to the entirety of documents relevant to their individual case, with the identifying information of other students removed. The personal notes of staff members will not be included in the case file. The case file will be retained by the college at all times.
• If a respondent does not appear after written notice, the case will proceed without their participation, and a decision will be made based on the available information.
• Any student participant may decline to answer questions or elect not to speak on their own behalf.
• Reports of the proceeding shall include findings of fact and a determination of whether or not the respondent is in violation of the alleged misconduct (the “outcome”). If the respondent is found to be in violation, the report will also include a recommendation of sanction and a rationale for that recommendation.
• The report will be forwarded to the Vice President for Student Affairs, or their designee, who shall determine the appropriate sanction(s) (which may deviate from the recommended sanction). The outcome of the proceeding and the sanction (as relevant) shall be rendered, in writing, within a reasonable amount of time after the proceeding is concluded.

Representatives and Advisors

Legal representation is not permitted in any proceeding or meeting, although parties may be accompanied by an advisor. The advisor may be, but may not act in the role of, an attorney. Advisors may not have another role in the specific case process (e.g. witness). The role of an advisor shall be limited to consultation with the specific parties they are advising; advisors may not ask questions or otherwise participate or engage with the college official overseeing the discussion or conference or any other witness or party (besides their own advisee). A violation of this limitation may result in an advisor being removed from the proceedings. Parties must notify the Vice President for Student Affairs, or assigned designee, if they will have an advisor, and if their advisor is an attorney, at least two business days in advance. The college retains the right to have legal counsel present at any meeting or student conduct proceeding.

Sanctions

The Community Standards Proceedings seeks to preserve flexibility in the assignment of sanctions so that each respondent is afforded appropriate and just treatment. That priority is always balanced with the college’s goal of providing an effective learning environment for all members of the community.

In each case, the following factors will influence the degree and nature of sanctioning. While some violations will have “typical” outcomes, all sanctioning will consider the totality of the situation, including, but not limited to, the following factors:

• the nature of the violation and the incident itself;
• the impact of the conduct to the individuals;
• the impact or implications of the conduct on the college community;
• prior misconduct by the respondent, including the respondent’s relevant prior student conduct history, both at the college or elsewhere, and any criminal convictions, if such information is available and known;
• any expression of remorse or acceptance of responsibility by a respondent;
• maintenance of a safe and respectful environment conducive to learning;
• protection of the college community;
• the necessity of any specific action in order to eliminate the prohibited conduct, prevent its recurrence and remedy its effects on members of the college community; and,
• any mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate resolution in each case.  Please note that intoxication is considered an aggravating factor in the determination of sanctions.

Possible sanctions include, but are not limited to, the following. Most cases will be assigned a status sanction and an active sanction.

• Status Sanctions - Those sanctions that reflect a change in the “status” of the student relevant to the college:
  • Informal Warning - An initial directive against similar behavior in the future. For purposes of external reporting, cases resulting in an informal warning do not create a Community Standards record that is subject to release unless a subsequent violation occurs.
  • Formal Warning - An official written reprimand for violation of specified regulations, including a formal warning that continuation or repetition of prohibited conduct will be cause for additional Community Standards action.
  • Disciplinary Probation - Period of probation when participation in certain activities may be limited, including activities in which the student represents the college, student leadership positions, and other programs. Additional restrictions or conditions may also be assigned.  Violations of the terms of probation or additional Community Standards violations during the period of probation may result in additional sanctions, including suspension or expulsion from the college.
  • Removal from Housing - Termination of residence license and exclusion from visiting within certain or all residential facilities as set forth. Any respondent who is removed from housing shall not be entitled to a refund of room fees.
  • Suspension - Exclusion from classes and other privileges or activities, including access to college premises or college-sponsored activities off campus, as set forth in the notice of suspension, for a specified period. Any student who is suspended shall not be entitled to any tuition or fee refund and is barred from college premises until readmitted. Readmission may be conditioned on the satisfaction of terms set forth in the suspension letter. Suspended students remain subject to compliance with these Community Standards during their period of suspension.
  • Expulsion - Termination of student status and exclusion from college privileges and activities, including access to college premises or college-sponsored activities off campus, in perpetuity. Any student who is expelled shall not be entitled to any tuition or fee refund and is barred from college premises.
  • Other Status Sanctions - Other sanctions may be assigned instead of, or in addition to, those specified above. For example, a student may be subject to restrictions regarding certain college privileges (e.g. parking, use of recreational facilities, use of information technology resources). A student may be directed to have “no contact” with another student(s) and/or may be forbidden to access specified areas of campus (“persona non grata”).
• Active Sanctions - Those sanctions that require action by the respondent in order to be completed.
  • Alcohol and Other Drug Education - This sanction encompasses a variety of assessments and interventions designed to help individuals make choices regarding alcohol and other drug use that are consistent with their goals and continued presence at the college. Those assigned this sanction will be required to comply with any and all requirements determined by the health and wellness professionals. To the extent permissible under relevant law, those professionals will provide the Vice President of Student Affairs, or designee with a brief summary of what assessments or interventions were assigned, as well as whether or not the respondent completed them.
  • Apology - A possible sanction when the respondent’s wish to apologize is demonstrably sincere and the harmed party is open to receiving the apology.
  • Fine - A monetary or other quantifiable, material payment the respondent will make, typically to the college.
  • College Service – A specific number of hours of college-community service.
  • Meetings - An assignment to meet with a designated person or office for the purpose of specific educational topics or outcomes. The number and frequency of meetings will be determined on a case-by-case basis.
  • Reflective Project - A project by the respondent, possibly in the format of their choosing (spoken word (recording), visual art, writing, etc.) in which they reflect upon and demonstrate their learning from the incident and how they will move forward.
  • Restitution - Repayment (monetary or otherwise) to the college and/or to a harmed third party for damages, loss, or injury.
  • Other - Other active sanctions may be assigned. Active sanctions should always focus on helping the respondent understand the harm related to their incident, how to repair that harm, how to learn from the incident, and how to succeed as an active and contributing member of the college community.

In determining what sanction or other action might be appropriate, the college may require a behavioral assessment conducted by a licensed professional to assess the respondent’s capacity to change behavior and succeed in the community.

Appeals

Respondents have a right to appeal the outcome of a Community Standards process. Appeals are limited to status sanctions over a formal warning; active sanctions or status sanctions of informal or formal warning may not be appealed. A respondent may appeal on one or more of the following grounds:

• There was a material deviation from the procedures that affected the outcome of the Community Standards process.
• There is new and relevant information that was unavailable at the time of the proceeding, with reasonable diligence and effort, that could materially affect the outcome.
• The administrative staff member or other decision maker had a conflict of interest or bias that affected the outcome of the matter.

Appeals must be submitted in writing to the Vice President of Student Affairs or designee within three business days after receipt of the outcome letter. Failure to appeal within the allotted time will render the original decision final and conclusive. A timely appeal will be reviewed by the Dean, or designee to determine if the appeal provides grounds as described above. Such review will generally be completed within three business days of the date the appeal is filed, although in certain cases additional time may be required depending on the complexity of the case and other factors. If an appeal is found to have provided grounds as described above, the Dean, or designee may:

• Affirm the original finding;
• Remand the case to the original decision makers for a new conference; or
• Request that new decision makers hear the case.

Appeal review shall be based on the written record only (including appeal submission from the respondent) and shall not involve a live hearing.

Sanctions will be deferred during the pendency of appellate proceedings unless, in the judgment of the Vice President for Student Affairs, the continued presence of the respondent in the community poses a substantial threat to others, to themselves, or to the stability and continuance of normal college functions.

Student Organizations and Clubs

Student Organizations and Clubs are expected to conduct all activities in a manner that is consistent with these Community Standards. Should a student organization or club be alleged to have violated one or more of these Standards or other college policies, the adjudication, resolution, and assignment of sanctions regarding that conduct shall occur as described in the relevant college policy. A Student Organization or Club may be held collectively responsible and individually responsible when violations associated with the group have occurred. In addition to the sanctions described above, sanctions against a student group may also include loss of funding, loss of privileges, loss of official recognition, or the requirement that the student group cease operation.

Transcript Notations

Notation of Community Standards action will be made on the transcript whenever a student is expelled or suspended, or in accordance with college policies or applicable laws. Notations of expulsion are considered permanent records and will not be removed from a respondent’s transcript. Students may petition for removal of the notation of suspension after two years from the resolution of the case. Such petitions may be granted at the discretion of the Vice President for Student Affairs, or designee. Factors to be considered in reviewing petitions for suspension notation removal include the current demeanor of the student, the student’s conduct subsequent to the violation, and the nature of the violation, including the damage, injury, or harm.

Community Standard Files and Records

Community Standards violations will be retained in a file in the name of the student and subject to release to third parties if the student is found in violation and the sanction is more than a warning. The files of students found in violation will be retained as a Community Standard record until their graduation; files of suspension or expulsion will be retained post-graduation except as provided below. To the extent permitted by law, Community Standard records may also be expunged by the Vice President of Student Affairs or designee, upon written request of the student, no sooner than one year after the case is resolved. A student may petition for the expungement of a suspension no sooner than two years from the finding of fact for the case. Expulsion files are considered permanent records and will not be expunged. Administrative expungement of the Community Standard file shall not, however, prohibit any other department within the college from retaining records of violations; the college may retain, for appropriate administrative purposes, records of all proceedings regarding Community Standard violations. Records, including those removed through this provision, may be reported to third parties as authorized in writing by the student or in accordance with college policy and law.