The University of
Maryland Baltimore County is strongly committed to the development of the
student and promotion of personal integrity and self-responsibility. Students enrolling at UMBC become citizens of
the community and are entitled to enjoy the privileges and required to assume
the responsibilities associated with this affiliation. UMBC affirms its commitment to achieving diversity in higher education
and continues to improve the quality and increase the diversity of its student
body. The University consistently
strives to create a community that welcomes and celebrates differences. Since the rights of all students are protected, and
an atmosphere conducive to intellectual development, personal growth, and
community association are to be promoted, standards and guidelines on student
behavior are necessary. This Code of
Student Conduct is intended to outline certain responsibilities and
expectations of UMBC students, assist the students to understand their role in
the academic community, and to establish procedures that ensure due process in
the adjudication of complaints concerning students.
The Office
of Student Judicial Programs supports the University's dedication to student
success and its educational purposes and goals by publishing, enforcing,
drafting and interpreting standards of student behavior and related policies
and procedures; facilitates student and community developmental and ethical
growth opportunities promoting personal integrity, civility,
self-responsibility, citizenship and appreciation for diversity; works to
maintain a safe and productive environment supporting the University's
educational purpose and the students' educational goals; and promotes the
privileges and responsibilities associated with a student's affiliation with
the University.
B.
The primary purpose of this Code of Student Conduct is to serve the
interests of both the UMBC community and the individual student by: (1)
prescribing the standards of conduct expected of students; (2) outlining actions
which can be taken when misconduct occurs; (3) establishing procedures which
ensure due process in the adjudication of complaints concerning students; and
(4) imposing sanctions in the University setting to protect, deter, and
educate.
C.
The Student Judicial Programs Office promotes the
concepts of fairness and due process in Student Conduct Review settings
throughout the University community, while striking a balance between community
standards and individual behavior through the educational development of
students.
D.
All students are subject to the Code of Student Conduct. Individuals who are not currently enrolled at
the University remain subject to the Student Conduct Review process for
misconduct that occurred during any period of enrollment, for misconduct that
occurred during a period between any consecutive semesters, terms, or summer
sessions for which they are enrolled, or for misconduct that occurred during
the time after admission to the University but prior to first enrollment, and
for statements, acts or omissions related to application for enrollment.
E.
UMBC is strongly committed to an academic environment that supports the
humanity and dignity of all persons. As
such, any behavior which threatens that principle,
shall be subject to serious sanctions.
In this regard, any physical or sexual assault or other act which
threatens the safety or well being of other persons shall be viewed as
extremely serious and subject to the most serious sanctions, including
suspension or dismissal from the University.
Weapons are prohibited from being kept or carried on campus other than
with the University Police in accordance with their procedures.
F.
Any violation or attempted violation of University rules and regulations
which is motivated all or in part on the
basis of racial identity, religion or beliefs,
disability, national origin, sex, or sexual orientation shall subject a student
to a more serious sanction than would ordinarily accompany that violation or
attempted violation.
G.
UMBC is also strongly committed to an academic environment that supports
the health, safety, and well being of all persons. Any behavior that violates
this principle shall be subject to severe sanctions. To that end, the possession, use, or
distribution of controlled dangerous substances or alcohol shall be viewed
warranting the most serious sanctions including suspension or dismissal from
the University. Parental notification
may occur in appropriate cases where a student engages in a drug or alcohol
violation.
H.
The University is committed to an academic and employment environment
free from unwelcome sexual advances, requests for sexual favors, and other
forms of sexual harassment. Sexual harassment is a form of sex discrimination
and is illegal. Harassment and retaliation against persons filing
discrimination charges is illegal.
Violations of this kind shall subject a student to the most serious
sanctions, which may include suspension or dismissal from the University.
I.
All proceedings of the University's student Student
Conduct Review process are confidential and classified as disciplinary
records. In accordance with the Family
Educational Rights and Privacy Act (FERPA), the University's Policy on the
Disclosure of Student Records states that students' judicial and disciplinary
records are educational documents. The
Student Right-to-Know and Campus Security Act modified FERPA to allow
institutions to inform victims of the outcome of student judicial proceedings
regarding an alleged crime of violence as defined by the U.S. Code. The Student Right-to-Know and Campus Security
Act was amended by the Higher Education Amendments of 1992 (sometimes known as
the Campus Sexual Assault Victims Bill of Rights Act) requiring the University
to inform the victim of an alleged perpetrator of a crime of violence or a
non-forcible sex offense of the final results of student disciplinary
proceedings against the Charged Student.
Although all judicial proceedings
are considered confidential, FERPA permits and, in some cases, requires the
release of these records, with and without notice to the student. Some of the exceptional circumstances
recognized in FERPA include, but are not limited to, release to University
personnel with a legitimate educational interest, release in response to a
subpoena, release to parents of income tax dependent students, and permissible disclosure
to parents or legal guardians of a student who is less than 21 years of age and
is responsible for violating campus rules regarding the student’s violation of
any federal, state, or local law, or of any UMBC rule or policy governing the
use or possession of alcohol or a controlled substance. If a student is responsible for
violating UMBC rules or policies related to an allegation that the student
perpetrated a crime of violence or a non-forcible sex offense, the University
may release disciplinary records of that student relating to that violation.
Please refer
to the web www.umbc.edu/saf/ (go to publications/student
handbook link) or the site for Student Judicial
Programs (www.umbc.edu/sjp) to access to
the Code of Student Conduct in its entirety, including Definitions.
A.
The Director of Student Judicial Programs shall determine the
composition of a Hearing Board.
B.
The Vice President for Student Affairs shall determine the composition
of the University Appellate Board.
C.
The Director of Student Judicial Programs for the administration of the
Student Conduct Review Program may develop policies, and procedural rules for
the hearings, which are not inconsistent with provisions of the Code of Student
Conduct.
D.
Decisions made by a Hearing Board and/or the Conduct Officer shall be
final, pending the stated appeal process.
E.
A Hearing Board may be designated as arbiter of disputes within the
student community in cases that do not involve a violation of the Code of
Student Conduct. All parties must agree
to arbitration, and to be bound by the decision with no right of appeal.
F.
The University has the inherent authority and
right to take necessary and appropriate action to protect the safety and well
being of the University community, and to protect the continuing operation of
the University.
A.
Student Responsibility to Know Rules and Regulations
Each student is responsible for notice of and
compliance with the provisions of the University’s Rules and Regulations. All students are expected and required: (a)
to obey the law, (b) to comply with University Rules and Regulations and with
directives issued by a University official in the course of his or her
authorized duties, and (c) to observe standards of conduct appropriate for an
academic institution. Each student is
charged with the obligation to conduct himself/herself in a manner compatible
with the University's function as an educational institution.
B.
Rules and Regulations
Any
student found to have violated the following rules and regulations is subject
to the sanctions outlined in Section C, below:
1.
Violations of Fire and Safety Regulations.
This
rule prohibits, but is not limited to, the following:
a)
failure to comply with posted evacuation
procedures;
b)
tampering with fire protection apparatus;
c)
possession, use, or threatened use of fireworks,
bombs, or explosive devices of any character;
d)
use of open flame devices or combustible materials,
including chemicals, which endanger the safety or well being of the University
community; or,
e)
unauthorized
use of, tampering with, or misuse of electrical equipment, burglar alarms, fire
exits, or giving false alarms or false reports of fire or emergency.
2.
Behavior Which Jeopardizes the Emotional or
Physical Safety of Self or Others.
This
rule prohibits, but is not limited to, the following:
a)
unauthorized/illegal possession, storage, or use of
weapons or firearms;
b)
acts, or threats, of physical assault or abuse;
c)
sexual assault or rape (e.g., date, acquaintance or
stranger);
d)
violence;
e)
intimidation;
f)
physical or emotional harassment;
g)
sexual harassment or misconduct;
h)
suicide attempts;
i)
disorderly conduct;
j)
hazing;
k)
forcible detention;
l)
threatening behavior;
m) indecent
exposure;
n)
alcohol poisoning; or
o)
drug
overdose.
3.
Misconduct Involving Alcohol.
The
University prohibits the unauthorized possession, use, or distribution of
alcoholic beverages. The University
enforces all state and federal laws or regulations that regulate and control
the sale or use of alcohol. Consistent with state laws, University policy, limits
on-campus use of alcoholic beverages to specified areas and to persons of legal
age (21 years old in the State of
a)
unauthorized or illegal use of any alcoholic
beverages;
b)
aiding or abetting an underage person in the purchase
of alcoholic beverages;
c)
disorderly conduct due all or in part to being
under the influence of alcohol;
d)
the possession, consumption, or distribution of
alcohol in any University facility or event, except as provided by the
institution, in accordance with state and local law;
e)
misrepresentation of age to obtain alcoholic
beverages;
f)
providing alcohol to underage persons;
g)
possession of an open alcohol container in a public
area;
h)
consumption of alcohol in a public area; or
i)
possession,
use, or distribution of alcohol by underage persons.
4.
Misconduct Involving Illegal Drugs or Controlled
Substances.
The
University prohibits the possession, use, sale or distribution of illegal drugs
or controlled substances and enforces all state and federal laws that prohibit
the possession or sale of illegal drugs or drug paraphernalia. This rule prohibits, but is not limited to,
the following:
a)
possession, use, distribution, sale, manufacture,
or processing of illegal or unprescribed narcotics,
illegal drugs, hallucinogens, and controlled dangerous substances;
b)
possession, use, or sale of drug paraphernalia;
c)
possession, use, sale, or distribution of legal
drugs which were not prescribed to the recipient or person in possession;
d)
misuse of prescribed drugs or over the counter
drugs; or
e)
failure
to take prescribed drugs or over the counter drugs as agreed between a
University Official and the student.
5.
Theft or Property Damage.
Intentional or negligent
acts or attempted acts resulting in theft or property damage are prohibited.
This includes, but is not limited to:
a)
theft, destruction, damage, abuse, or fraudulent
use of University or private property, including University property, personal
or University credit cards, and University funds; or
b)
theft,
destruction, damage, abuse, or fraudulent use of University services, including
attendance in classes in which the student is not enrolled, computer,
telephone, and mail services.
6.
Unauthorized Entry or Presence in or on University
Property.
This
rule prohibits, but is not limited to, the following:
a)
failure or refusal to leave University grounds, or
a specific portion thereof, or a University facility when requested by an
authorized University official; or
b)
improper
or unauthorized entry into a University building, facility, or campus
residence.
7.
Acts of Dishonesty or Falsifying University
Records.
This
rule prohibits, but is not limited to, the following:
a)
falsifying, forging, altering, causing the
alteration of, or furnishing false information (written or oral) on, or
relative to, University records, or to University officials;
b)
falsifying, forging, altering, causing the
alteration of, or furnishing false information regarding identification cards,
absence excuses, parking hangers,
transcripts, grade reports, test papers, answer sheets, examinations,
admissions or financial aid applications, registration materials, and computer
records;
c)
unauthorized possession or use of University
records, documents, instruments, or property (e.g., identification card, key,
meal card);
d)
failure to provide student identification, or other
identification, to University officials upon request;
e)
providing false or misleading information on police
reports, Residential Life Information Forms, or during testimony before the
Parking Appeals Board; or
f)
furnishing false information to any University
official or office,
g)
misrepresenting ownership of University or private
property (e.g. selling textbooks as an authorized owner/seller)
8.
Failure to Meet Financial Obligations to the
University.
This
rule prohibits, but is not limited to, the following:
a)
the failure to pay delinquent accounts, including
parking violation fees, after the University has notified the student of the
debt; or
b)
the
use of worthless checks, money orders, or credit cards in payment to the University
for tuition, room and board, fees, library fines, traffic penalties, etc.
9.
Disruption of Any University Activity.
This
rule prohibits, but is not limited to, the following:
a)
acts inhibiting, interfering with, obstructing, or
damaging either (i) an academic activity (e.g.,
teaching, research, or University Administration) or organized student
activity; or (ii) a campus resource relating to academic materials (e.g.,
library books, audiovisual materials and tapes);
b)
any intentional act substantially interfering with
the freedom of expression of others on University property or at University
sponsored activities; or
c)
activity
which disrupts or interferes with normal University functions or operations.
10. Violations
of Residential Life Policies, Rules and Regulations.
This rule prohibits the violation of Residential
Life policies, rules, or regulations, as provided in the Guide to Community Living and the Residential Life contract.
11. Gambling.
This rule prohibits, but is not limited to the
following:
a)
on campus gambling, including raffles,
except when appropriate
b)
pools
and other bets on sporting events.
12. Violations
of Federal, State, and Local Laws.
Students are responsible for knowing and observing
all local, state and federal laws. Action by law enforcement agencies, or lack
of such action, will not preclude action by the University as well, in the
event the misconduct in question also constitutes a violation of this Code.
13. Violation
of Published University Rules, Regulations or Policies.
Students are responsible for knowing and observing
all published
UMBC rules, regulations and policies.
14. Improper
Uses of Computers and Technology.
This rule prohibits the breach of computer
security, harmful access, unauthorized copying or distribution of programs
and/or data, unauthorized transfer of programs and/or data access denial, or
the attempt to commit such acts. See
the UMBC Policy for Responsible Computing
15. Abuse
of the Student Conduct Review System.
This rule prohibits, but is not limited to, the
following:
a)
failure to obey a written Notice to Appear issued
by the Director;
b)
falsification, distortion, or misrepresentation of
information before the Conduct Officer, Director, a Hearing Board or Appellate
Board;
c)
disruption or interference with the orderly conduct
of a Student Conduct Review;
d)
referral of an allegation of misconduct known to be
false;
e)
attempting to discourage or influence an
individual’s proper participation in, or use of, the Student Conduct Review
System;
f)
attempting to influence the impartiality of a
member of a Hearing Board or Appellate Board prior to, and/or during the course
of, the Student Conduct Review;
g)
harassment (verbal or physical) and/or intimidation
of a member of a Hearing Board or Appellate Board, the Charging Party, a
witness or victim, prior to, during the course of, or after the Student Conduct
Review;
h)
failure to comply with the sanction(s) imposed
under the Code of Student Conduct; or
i)
influencing
or attempting to influence another person to commit an abuse of the Student
Conduct Review System.
16. Failure
to Comply with the Request of a University Official.
This rule prohibits, but is not limited to, the
following:
a)
failure to comply with a reasonable and lawful
request or directions by a University official;
or
b)
interference with students, faculty, staff, or law
enforcement officials acting in the performance of their official duties;
c)
failure
to comply with a Student Conduct Notification.
17. Skateboarding,
Rollerblading, or Rollerskating in or Near a
This rule prohibits, but is not limited to, the
following:
a)
use of a skateboard, rollerblades, bicycles or rollerskates in a manner that may cause damage to
University property; or
b)
use
of a wheeled device around University buildings in a manner that may cause
injury to pedestrians.
18. Aiding
or Abetting Misconduct.
This rule prohibits aiding or abetting misconduct
by others which would be in violation of the rules outlined in this Code or of
federal, state or local laws.
C.
Sanctions and Conditions
1.
The following sanctions may be imposed upon any
Charged Student, found to have violated the Code of Student Conduct:
a)
Disciplinary Reprimand
- This sanction indicates that the Charged Student’s “good standing” status is
in jeopardy and further violations may result in Disciplinary Probation,
Suspension, or Dismissal.
b)
Disciplinary Probation
- This sanction places the Charged Student on probationary status during which
further violations of the Code of Student Conduct may result in Suspension or
Dismissal.
c)
Disciplinary Suspension -
A sanction of suspension terminates a student's status as an enrolled student
for either a specific or indefinite period of time. The suspension may take effect immediately,
on some future date to be specified, or be held in abeyance. A suspended student is restricted from campus
and may not be present on campus without specific written authorization from
the Vice President for Student Affairs or designee. Any violation of this restriction shall
subject the student to arrest for trespassing.
A student who is suspended shall exit campus immediately upon receiving
notice that the sanction of suspension has been imposed. University Police must accompany the student
when retrieving personal belongings.
This sanction is noted on the student’s transcript as “Disciplinary
Suspension”. As
described in Article VII, the Student may file a written request with the
Office of Student Judicial Programs to have this notation expunged
after the period of suspension has ended.
Otherwise, the notation will remain on the student’s transcript unless
the disciplinary file is expunged. A
student under this sanction may reapply for admission after the designated
number of semesters or years and must show cause why the behavior for which the
student was suspended will not reoccur and that during the suspension the
student has made positive contributions to society (e.g. through work,
volunteer service, schooling, etc.).
d)
Disciplinary
Dismissal - A sanction of dismissal permanently terminates a student's
status as an enrolled student. A
dismissed student is restricted from campus and may not be on campus without
specific written authorization from the Vice President for Student Affairs or
designee. Any violation of this
restriction shall subject the student to arrest for trespassing. A student who is dismissed shall exit campus
immediately upon receiving notice that the sanction of dismissal has been
imposed. University Police must
accompany the student when retrieving personal belongings. This sanction is noted on the student’s
transcript as “Disciplinary Dismissal” and will remain on the student’s
transcript unless the disciplinary file is expunged.
2.
The following conditions may be imposed, along with
a sanction, for any Charged Student found to have violated the Code of Student
Conduct. Conditions include, but are not
limited to:
a)
Financial restitution for any loss sustained or
incurred by the institution or member(s) of the University
community.