St. John’s University Arrests, Disciplinary Hearings & Title IX Misconduct Investigations

St. John’s University, a locally and nationally respected university, has campuses throughout New York City in Queens, Manhattan and Staten Island. With a large student body, competitive athletics and a reputation for academics, St. John’s draws students not only from New York City, but from many states and foreign countries. From its College of Liberal arts and Sciences and School of Education to its Tobin College of Business and College of Pharmacy and Health Sciences, St. John’s has a vast array potential avenues of study. While St. John’s may pride itself in the education it provides to students, the university is no different than any other college in terms of protecting the student body and enforcing the laws. Criminal wrongdoing is subject to an arrest by the NYPD and prosecution by the local District Attorney’s Office such as that of the Manhattan District Attorney or Queens District Attorney. Whether an investigation commences with the police, there is an arrest, issuance of a Desk Appearance Ticket, indictment or trial, it matters not that a crime occurs on campus in the eyes of the law. If anything, one could argue it is exacerbated.

In connection with these criminal matters, and often separate and apart from them as well, St. John’s has its own Public Safety Officers stationed throughout the campus and available in the event of an emergency. When a Public Safety Officer responds, he or she will address the violation of the campus regulation or criminal conduct. Once a complaint or report is drafted it will be provided to the Dean of Students for an investigation. All of this could occur at the same time or without the involvement of law enforcement including the New York City Police Department.

The bottom line is fairly clear if not overwhelmingly so. Whether you are arrested at a bar, at a store or on campus, a crime is a crime. The impact to you, as a student, is potentially magnified because it can derail your college education. Even without an arrest, a disciplinary investigation or Title IX investigation as a result of gender or sexually based harassment or discrimination can be equally disruptive with a finding or hearing that leads to your suspension or expulsion.

Crimes, no matter where they occur, violate the New York Penal Law. St. John’s is no exception. While it is less likely a student is involved in an embezzlement or organized crime offense, there are some more common misdemeanors and felonies that occur on campus. Two students may get into a fist fight over a boyfriend or girlfriend. One student may hack into another’s email. A student may have or make fake identification so he or she can go to clubs or bars. Even if there is no assault or physical confrontation between students, one may steal from another or break his or her IPhone, computer, or other personal property. All of these activities are crimes.

• New York State Criminal Defense
• New York State Violent Crimes and Offenses
• New York Domestic Violence Crimes
• New York State Non-Violent & Property Crimes

Don’t think for a moment that smoking or selling marijuana or possessing or selling molly, heroin, cocaine or Adderall is no big deal. Take that approach and you will quickly find yourself facing misdemeanor or felony crimes that can land you in prison, out of college and, should you be a foreign national, out of legal status. Instead, utilize the intelligence that got you into St. John’s in the first place. Think before you speak with any administrator or law enforcement officer, educate yourself on the law and consult with a New York criminal defense attorney.

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• New York City Arrest Process Primer
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Not all wrongdoing is criminal. Your actions may not rise to the level of a criminal infraction in New York State, but it may still violate school policy. Keep in mind, however, it is not mutually exclusive. For example, stealing a few hundred dollars in cash or a credit card may be a misdemeanor or felony respectively and there will likely be a violation of school regulations, it won’t necessarily kick start a Title IX investigation. These investigations are based on allegations or complaints of sexually or gender based discrimination and harassment. However, if one party is stalking, repeatedly threatening or texting another, irrespective if they are both of the same gender, and it is based on gender or sexuality, then a violation of the New York Penal Law and Title IX may occur.

• New York College General Arrest & Disciplinary Hearing Information Page
• Title IX: The Basics

It is important to recognize that Title IX has its own definitions and procedures separate and apart from the criminal law. Running afoul of both is the worst case scenario, but the NYPD or a District Attorney’s Office is not going to wait for St. John’s to complete their investigation. Law enforcement always “trumps” and will push forward as they deem fit. This should crystalize why handling a disciplinary hearing of any variety that can result in a suspension or expulsion should be handled with the utmost care especially when there is a nexus to a criminal investigation, arrest, indictment or trial. Even if you “survive” the criminal case, St. John’s can press onward and the money, times and effort you spent on and in your education can all go to waste.

Call our New York criminal defense attorneys and disciplinary hearing lawyers at (212) 312-7129 or contact us online today.