The Conduct Decision

St. Mary’s University uses the terms “Responsible” or “Not Responsible” instead of “Guilty” or “Innocent” to indicate whether a student has violated the University’s Code of Conduct. The standard of proof the University uses to determine whether a student is responsible for a violation is called the Preponderance of the Evidence. This evidentiary standard is contrasted with “beyond a reasonable doubt,” which is the higher standard of evidence used to determine guilt in U.S. criminal trials.

To find a student “responsible” for a violation under the preponderance of the evidence standard, the judicial adviser or University Judicial Board panel reviewing the incident must conclude that there is more credible information supporting the position that a student violated a University rule than there is credible information supporting the alternate position that a student did not violate a University Rule. In other words, if the adviser or a Judicial Board panel majority finds it more likely than not that an alleged act of misconduct occurred, a student will be found responsible for violating a University rule.

It is important to remember that the preponderance of evidence standard is based on the more convincing evidence available for review and not on the amount of information presented. For example, a single witness with accurate first-hand knowledge and great recall of an incident may provide a preponderance of evidence over several other witnesses whose knowledge of the incident or ability to remember what happened is less clear.

A student participating in an informal conduct review with the judicial adviser should assume that the adviser has reviewed their case file, including all previously adjudicated conduct issues, prior to their conduct meeting. A student’s previous disciplinary history may be discussed during this meeting when previous violations on file indicate a pattern of misconduct exists, and this history may be considered as an aggravating factor by the adviser when assigning sanctions as part of a student’s latest conduct review.

University Judicial Board members are not made aware of a student’s previous disciplinary history unless the Board finds a student. Responsible for at least one University Rules violation during their Board review. In this situation, a summary of a student’s previous University misconduct, including all previously assigned sanctions, is provided to assist the Board with their sanction recommendations.

Sanctions

Students who have met with the judicial adviser usually receive and discuss their sanctions at the conclusion of their conduct meeting. Students who have had their misconduct reviewed by the University Judicial Board are usually informed of their sanctions within two to three University business days.

NOTE: A student who has been suspended, dismissed, or expelled may be required to leave campus immediately following the conclusion of their conduct meeting or Board review. A student whose sanctions include Loss of University Housing may be required to turn in their residence hall keys immediately and make arrangements to remove their belongings from their on-campus room within 48 hours.

Regardless of the type of conduct meeting, every student whose conduct has been reviewed through this process will receive an official decision letter containing the University’s findings of responsibility, all sanctions assigned to them and important information on the University appeals process. This letter is commonly sent to the student’s campus email and permanent mail address within two University business days.

Notice to Parents

St. Mary’s University reserves the right to notify parents of all students who have been found responsible for violating the University’s illegal drugs policy and the parents of all underage students who have been found responsible for violating the University’s alcohol policy.

Notice to University Offices

St. Mary’s University reserves the right to notify all university officials with an educational need to know about the status of a student found responsible for University misconduct. University officials who may be notified of a student s University Rules violations can include, but may not be limited to, the student s head coach, on-campus employer, faculty instructors or advisers, Residence Life hall director, ROTC Commandant, Student Psychological and Testing Services staff, Greek or student organization advisor, University Registrar and/or the University Business office.

Creation of a University Conduct Record

A student found responsible for University misconduct will have a disciplinary record of the incident, including all findings and sanctions assigned, kept on file in the Dean of Student’s office. Disciplinary records are maintained in the Dean s office for seven years after the term end of the last semester the student attended St. Mary’s, but may be kept longer due to special circumstance (such as suspension, dismissal, expulsion or a misconduct-related cancellation of a student’s housing contract) or as deemed necessary by the Dean of Students.

A student who has been found “Not Responsible” for the misconduct alleged in their charge letter will have all reviewed charges dropped following their conduct meeting. The student will also receive an official follow-up letter from the Student Life confirming this decision.

Possibly. Some financial aid or scholarships also require a student to remain in good conduct standing with their University to receive continued funding. You should contact the Office of Office of Financial Assistance at 210-436-3141 with any questions or concerns you may have regarding your individual situation.