Student Conduct Procedures

The assistant dean of students or their designee may assign interim actions at any time following the submission of an incident report, if the allegation of misconduct is apparently reliable and relates to the safety and/or welfare of any person, University property, or any University function. The assignment of an interim action(s) restricts the student from certain privileges at the University in the interest of safety and/or the well-being of the community or the student themselves; it does not mean the student has been found responsible for violating the Student Code of Conduct.

Interim actions include the following:

• Modification or suspension of the ability of a student to be present in specific areas or buildings on campus.
• Modification or suspension of the ability of a student to be present on University property in its entirety.
• Modification or suspension of the ability to attend class(es).
• Modification or suspension of the ability to participate in a University-related activity(ies).
• The issuance of a no contact order.
• Removal from campus for a 14 day self-quarantine (during the COVID-19 pandemic).

The interim action(s) will be communicated in writing to the student, by email or certified postal mail, and is effective immediately. Failure or refusal to take receipt of notification will not negate or postpone said interim action.

Interim actions are in effect from the time of issuance until the assistant dean or designee determines that the reason for imposing the interim action no longer exists and the student receives written notice that the interim action is no longer applicable or until the resolution of the student conduct matter through the Student Conduct Process.

Appealing an Interim Action

Prior to a student conduct hearing, the student may request a review to change or modify the conditions of the interim action(s) in writing to the assistant dean. Please note: should the situation include any elements of sexual misconduct the other party(s) involved in the situation may be contacted regarding any requests made for changes/modifications to the interim action(s).

The assignment of a No Contact Order separates two or more parties from each other in the interest of safety and/or the well-being of the students themselves or the community.

The conditions of a No Contact Order, whether as an or a , are as follows. Students with a No Contact Order should have:

• No physical contact with the other party(ies) (e.g. touching, tapping, etc.).
• Should the student issued the No Contact Order find themselves in the same location as the other party(s), the student should remove themselves from the immediate area immediately.
• Please Note: For any case involving sexual misconduct, it is the responsibility of the accused student to remove themselves from the immediate area should the students find themselves in the same location.
• No verbal contact with the other party(ies) (e.g. speaking directly to, shouting from a distance, etc.).
• No written contact with the other party(ies) (e.g. messages written on paper, white boards, etc.).
• No telephone contact with the other party(ies) (e.g. calls, voicemails, calling and hanging up).
• No electronic contact with the other party(ies) (e.g. text messages, Facebook messages, Tweets, Snapchats, tagging the other party(ies) on social media, etc.).
• No contact with the other party(ies) via third parties (e.g. friends may not approach the other party(ies) on behalf of the student or discuss the incident in question with the other party(ies)).

Violations of a No Contact Order will result in further action through the .

If Contact is Made Between Students with a No Contact Order

If contact is made between students for whom a No Contact Order has been issued, the following steps should be taken:

• Report the contact to either the Office of Safety and Security ((585) 385-8111 or Haffey Hall Lobby) or the Office of Student Conduct ((585) 385-8498 or studentconduct@sjf.edu, 206 Campus Center) immediately.
• If the contact is written or electronic save it, do not delete it. Please bring this information with you when you report to the Office of Safety and Security or the Office of Student Conduct.
• Do not respond to the contact. Whether it is in person, verbal, writing, electronic, third party etc. Responding to the contact may be considered a violation policy and could result in additional interim or student conduct action.

No Contact Orders last reviewed: 10/1/2020

If a student withdraws/is withdrawn, takes a leave of absence, graduates, or separates/is otherwise separated from the University with a pending student conduct matter, a hold will be placed on the student's record restricting the student's ability to re-enroll at the University. Should the student wish to re-enroll within one (1) calendar year after the date of their departure from the University, the outstanding student conduct matter must be resolved prior to re-enrollment.

Due to the University's ability to thoroughly and appropriately investigate, secure witnesses, and adjudicate the outstanding matter, after one (1) calendar year, if a student wishes to re-enroll, they must submit a written request to the assistant dean of students. The assistant dean, or their designee, will review the request and may require additional information. The assistant dean, designee or, at the assistant dean's discretion, a committee will review the student's materials and may subsequently require to speak to or meet with the student regarding the request for re-enrollment before making a decision.

Outstanding Conduct Matters last reviewed: 9/11/2018

Persons whose behavior violates the policies or standards of the University may be declared persona non grata (PNG) and may be prohibited from accessing designated areas of the campus at the discretion of the appropriate University administrator or administrative body. A student can be declared PNG on an interim basis pending a student conduct, academic, or other administrative hearing or PNG status may be applied for a designated time period as a student conduct sanction as the result of a Student Conduct Hearing.

When a person is declared persona non grata, they will receive written notification from the University informing them of their PNG status. In addition, if the person is or has been a student, the Registrar's Office may place a discipline-related "hold flag" on the records of students who have been declared PNG and prohibited from campus as appropriate.

Generally, the vice president for student affairs and diversity initiatives, or their designee, will assign PNG status to students. The director of safety and security can declare non-members of the campus community PNG, at his/her discretion. The provost may assign PNG status to faculty or staff of the University at their discretion.

Persona Non Grata last reviewed: 9/11/2018

When a student receives a sanction of disciplinary probation that is at least two consecutive years, the student may petition for a change to their probationary status after 18 months, resulting in a shortened period of disciplinary probation.

Process

1. The student must submit the following information to the assistant dean for students and residential life along with a letter requesting a change to their probationary status.
• A personal statement outlining both positive contributions the student has made to the Fisher community and personal growth.
• Two (2) reference letters from on-campus constituents attesting to positive behavior and growth.
• A copy of an un-official transcript.
• A letter of support from the student's current residence director (as applicable).
2. At the assistant dean's discretion, a committee made up of students and faculty/staff members will meet with the student regarding their probationary status. After discussing the information provided by the student, as well as asking questions of the student, the committee will make a determination to end or continue a student's probationary status. The committee is specifically charged with evaluating a student's personal growth and commitment to positive behavior over an extended period of time at St. John Fisher University.

Any change in probationary status does not erase the student's conduct history; it modifies the student's current conduct status at the University.

Probationary Status Review last updated: 9/11/2018

The University may withhold copies of student transcripts and/or may withhold the awarding of credits or of a degree otherwise earned until the completion of any investigation process and/or the student conduct process, including the completion of all sanctions imposed, if any.