UMUC Policies

Policy 151.00 - Code of Student Conduct

	This	Replaces
File:	151.00	151.00
Date:	4/13/01	10/01/96

Originator: University Registrar and Vice Provost, Student Affairs

Subject: Code of Student Conduct

Introduction

In accordance with the Board of Regents Policy V-1.00 Policy on Student Affairs, approved on January 11, 1990, disciplinary regulations are set forth in writing to give students general notice of prohibited conduct. UMUC reserves the right to take appropriate action to protect the safety and well-being of the UMUC community.
Students may be accountable to both civil authorities and to UMUC for acts that constitute violations of law and of this Code. Disciplinary action at UMUC will normally go forward pending criminal proceedings and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.
To encourage the development and growth of a supportive and respectful academic environment for all students, faculty, and staff, UMUC has created the Code of Civility, which is available at www.umuc.edu and in UMUC publications.
In every case of alleged Code of Conduct violation, the burden of proof rests with the complainant who must establish the guilt of the person accused by clear and convincing evidence. In cases where the complainant wishes to remain anonymous, the burden of proof rests with the administrator. See Section VI. Standards of Due Process.

Definitions

When used in this code:

The term "aggravated violation" means a violation that resulted, or foreseeably could have resulted, in significant damage to persons or property or that otherwise posed a substantial threat to the stability and continuance of normal UMUC- or University System of Maryland (USM)-sponsored activities.
The term "cheating" means using or attempting to use unauthorized materials, information, or study aids in any academic exercise.
The term "distribution" means sale or exchange for personal profit.
The term "fabrication" means falsification or invention of any information or citation in an academic exercise.
The term "plagiarism" means the presentation of another person's idea or product as one's own. Plagiarism includes but is not limited to the following: copying verbatim all or part of another's written work; using phrases, charts, figures, illustrations, or mathematical or scientific solutions without citing the source; paraphrasing ideas, conclusions, or research without citing the source; or using all or part of a literary plot, poem, film, musical score, or other artistic product without attributing the work to its creator.
The term "reckless conduct" means conduct that one should reasonably be expected to know would create a substantial risk of harm to persons or property or that would otherwise be likely to result in interference with normal UMUC- or USM-sponsored activities.
The term "student" means a person who has been admitted to UMUC and is eligible to register for courses.
The term "UMUC premises" means buildings, grounds, Web sites, or computer networks owned, leased, operated, controlled, or supervised by UMUC.
The term "USM premises" means buildings, grounds, Web sites, or computer networks owned, leased, operated, controlled, or supervised by the University System of Maryland.
The term "weapon" means any object or substance designed or used to inflict a wound, cause injury, or incapacitate, including, but not limited to, all firearms, pellet guns, switchblade knives, knives, and chemicals such as mace products, pepper spray, or tear gas.
The term "UMUC-sponsored activity" means any activity on or off UMUC premises that is initiated, aided, authorized, or supervised by UMUC.
The term "USM-sponsored activity" means any activity on or off USM premises that is initiated, aided, authorized, or supervised by USM.
The term "conference" refers to a communication between two or more individuals by telephone, in writing (including but not limited to e-mail, fax, or posted letter), through videoconferencing, or in person.

Prohibited Conduct

The following misconduct is subject to disciplinary action:

All forms of academic dishonesty, including, but not limited to: cheating; fabricating; bribery offered for grades, transcripts, or diplomas; obtaining or giving aid on an examination; having unauthorized prior knowledge of an examination; doing work for another student, presenting another student's work as one's own; and plagiarism. Allegations of academic dishonesty will be handled in accordance with Policy 150.25 Academic Dishonesty and Plagiarism.
The written or spoken use of words, epithets, or phrases that are widely recognized to be derogatory references to personal characteristics including, but not limited to, race, ethnicity, religion, gender, sexual orientation, and disability, when such words are used to create a hostile or intimidating environment for any person on UMUC or USM premises, or at UMUC- or USM- sponsored activities.
Participation in any form of discrimination or harassment (including sexual harassment) against UMUC faculty, staff, and/or students on UMUC or USM premises, or at UMUC- or USM- sponsored activities. Allegations of harassment may be processed in accordance with Policy 40.3 Policy and Procedures on Affirmative Action, Equal Opportunity, and Sexual Harassment.
Intentional and substantial interference with the freedom of expression of others on UMUC or USM premises or at UMUC- or USM-sponsored activities.
Intentional or reckless assault or harm caused to any person on UMUC- or USM-premises or at UMUC- or USM-sponsored activities, or intentional or reckless cause of reasonable apprehension of such harm.
Intentional or reckless interference with normal USM or UMUC activities, or USM- or UMUC-sponsored activities, including, but not limited to, studying, teaching, research, administration, or fire, police, or emergency services.
Intentional use of the UMUC or USM computing resources to upload any content that contains a software virus, time bomb, Trojan horse, or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the UMUC computing resources or the hardware or software of any other person.
Intentional or reckless destruction of or damage to the property of others on UMUC or USM premises, or at UMUC- or USM-sponsored activities.
Intentional initiation or instigation of initiation of any false report, warning, or threat of fire, explosion, or other emergency on UMUC or USM premises or at UMUC- or USM-sponsored activities.
Intentional or reckless misuse of or damage to fire-safety equipment.
Theft of property or of services on UMUC or USM premises, or at UMUC- or USM-sponsored activities; knowing possession of stolen property on UMUC or USM premises, or at UMUC- or USM-sponsored activities.
Unlawful use, distribution, or possession of any controlled substance, illegal drug, or alcohol on UMUC or USM premises, or at UMUC- or USM-sponsored activities.
Unauthorized use, possession, or storage of any weapon on UMUC or USM premises or at UMUC- or USM-sponsored activities.
Intentional submission of false information to UMUC or USM.
Failure to comply with the directions of UMUC or USM officials, including UMUC or USM security officers, or the University of Maryland Campus Police, acting in performance of their duties.
Forgery, unauthorized alteration, or unauthorized use of any UMUC or USM document or instrument of identification.
Unauthorized use or possession of fireworks on UMUC or USM premises or at UMUC- or USM-sponsored activities.
Knowing violation of the terms of any disciplinary sanction imposed in accordance with this Code.
Violation of published UMUC or USM regulations or policies.
Guilt of any crime, other than a traffic violation, as determined in a court of law.

Reporting Alleged Violations

Any person may report a violation to the Provost and Chief Academic Officer (“Provost”), or designee within a reasonable period of time of knowing of the alleged violation. All referrals will be treated as confidential. The Provost or designee may refer the case to another officer of UMUC or administrator according to the standards of due process described in Section VI. Persons making such referrals are required to provide information pertinent to the case and will normally be expected to provide information as requested and appear before a Investigation Committee (referenced in Section VI.B.) as the complainant.
Any alleged violation, other than a traffic violation, that also may violate a United States, Maryland, or local law should be immediately reported to the proper authorities.

Interim Suspension

The Provost may suspend a student for an interim period pending a preliminary inquiry and a Investigation, such interim suspension to become immediately effective without prior notice, whenever there is evidence that the continued presence of the student on UMUC or USM premises poses a substantial threat to himself or herself, to others, or to the stability and continuance of normal USM- or UMUC-sponsored activity.
A student suspended on an interim basis shall be given an opportunity to appear personally before or communicate in writing to the Provost or designee within 10 calendar days from the effective date of the interim suspension to discuss the following issues only:

The reliability of the information concerning the student's conduct, including the matter of identity.
Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student at UMUC or USM premises poses a substantial threat to himself or herself, to others, or to the stability and continuance of normal USM- or UMUC-sponsored activity.

Standard of Due Process

Initial Inquiry

The Provost may refer the case to one of the following administrators to handle the initial inquiry: the University Registrar and Vice Provost, Student Affairs for UMUC-Adelphi students; the Vice President, UMUC-Asia for UMUC-Asia students; Vice President, UMUC-Europe for UMUC-Europe students; or the Assistant Dean for Academic Affairs and Registrar for Schwäbisch Gmünd students (known hereafter as the “administrator”).
The focus of this inquiry shall be the guilt or innocence of those accused of violating this Code. Upon receipt of the referral, the administrator will immediately inform the person accused, in writing, of the alleged Code of Conduct violation. Within 30 calendar days of receipt of the referral, the administrator will conduct a preliminary administrative inquiry, which can be staffed by the administrator's designee(s). The administrator or administrator’s designee must consult the central records file in the Office of the Provost to determine if the student has a previous record of violations of this Code. All material reviewed will be considered confidential and shared only with those with a need to know. The administrator or designee(s) may communicate with the person accused and give him or her the opportunity to present any relevant evidence. Upon request, the person accused may see the information submitted against him or her relating to the alleged violation of this Code. However, the person accused will not have the right to see any information that violates the privacy rights of other students.
The administrator will dismiss the referral if:

The complainant has failed to comply with procedure;
The allegations, even if true, do not constitute violation of this Code; or
There is no evidence of violation of this Code based upon the inquiry conducted by the administrator or designee(s).

The complainant and the person accused will be notified of the decision in writing within 40 calendar days of the referral. See Section VI.C. for Appeals.

Investigation Committee

If the referral is not dismissed within 40 calendar days of the reporting, the administrator will appoint a three-member ad hoc Investigation Committee within 14 calendar days. This committee will consist of exempt staff or faculty members, with one member appointed chair of the committee. The Investigation Committee may be advised by legal counsel during this process. The administrator or designee(s) will instruct this Investigation Committee to review the materials obtained during the inquiry conducted by the administrator or designee(s).
The Investigation Committee will hold a fact-finding conference or conduct an investigation in conjunction with the administrator or designee(s) to obtain additional information. Witnesses and the complainant (if not anonymous) may be requested to submit to questioning, either in person, via video-link, or in writing, by the Investigation Committee. The administrator or designee(s) will communicate with the person accused and the complainant and give them the opportunity to present any relevant evidence. The person accused may submit questions in writing for the complainant regarding how the Code of Conduct was violated.
If a fact-finding conference is held, the person accused and the complainant will be entitled to be present. The person accused or complainant may be accompanied by a representative, who may be an attorney, at his or her own expense. Representatives may advise during the course of a fact-finding conference, but shall not personally participate. Parties who wish to be accompanied by an attorney must inform the administrator in writing at least 5 calendar days before the scheduled date of the proceeding. Representatives may not appear in lieu of persons accused.
After the review is complete, the Investigation Committee will deliberate and render a recommendation to the administrator. Final recommendations of the Investigation Committee shall be accompanied by a brief written opinion prepared by the chair. Generally, if the Investigation Committee finds the allegation to be supported by clear and convincing evidence, the Investigation Committee will recommend an appropriate sanction to the administrator. The administrator will review the recommendations, render a decision and issue a sanction, if appropriate (see Section VII Sanctions). Any previous record of violations of this Code may increase the sanction.
Within 40 calendar days of the appointment of the Investigation Committee, the administrator or designee will notify the complainant and the student accused of the decision and sanction, if appropriate, in writing. A copy of the administrator’s written will be submitted to the University Registrar's office in Adelphi and will be forwarded to the central records file in the Office of the Provost.

Appeals

Within 28 calendar days of receipt of the administrator or designee(s)’s written response, an appeal may be sent to the Provost in writing. The Provost shall review the information collected for the original preliminary administrative inquiry, the Investigation Committee investigation, and the final decision briefing. The Provost will render a decision and sanction, as appropriate, based on this evidence. The Provost may render one of the following decisions:

Affirm the finding and the sanction imposed by the administrator.
Affirm the finding and reduce, but not eliminate, the sanction, if found to be grossly disproportionate to the offense.
Remand the case to the Investigation Committee, if procedural errors or errors in interpretation of University regulations were substantial, or if new and significant evidence became available which could not have been discovered by a properly diligent person accused before or during the original Investigation.
Dismiss the case.

The decision of the Provost is final and is not appealable.
The Provost will respond, in writing, within 28 calendar days of the appeal. Copies of this letter will be kept in the central records file in the Office of the Provost.

Sanctions

Sanctions for violations of disciplinary regulations include, but are not limited to:

Expulsion: The student is permanently separated from UMUC. Permanent notification will appear on the student's transcript. The student will also be barred from UMUC premises. (Expulsion requires approval by the Provost.)
Suspension: The student is separated from UMUC for a specified period of time. Permanent notification will appear on the student's transcript. The student shall not participate in any UMUC-sponsored activity and may be barred from UMUC premises. Suspended time will not count against any time limits of the Graduate School for completion of a degree. Credit earned elsewhere during the period of suspension may not subsequently be transferred to UMUC. (Suspension requires approval by the Provost.)
Disciplinary probation: The student shall not represent UMUC in any extracurricular activity or run for or hold office in any student group or organization for a specified period of time. Additional restrictions or conditions may also be imposed.
Disciplinary reprimand: The student is warned that further misconduct may result in more severe disciplinary action.
Restitution: The student is required to make payment to UMUC or to other persons, groups, or organizations for damages incurred as a result of a violation of this Code.
Other sanctions: Other sanctions may be imposed instead of or in addition to those specified in Sections VII.A.1 through VII.A.5.

Attempts to commit acts prohibited by this Code shall be punished to the same extent as completed violations.

Disciplinary Files and Records

The reporting of any violation of this Code will result in the development of a student’s disciplinary file, which shall be nullified if the student is found innocent of the charges. The records of students found guilty of any of the charges against them will be retained as permanent disciplinary records.
Disciplinary records may be expunged from the student’s disciplinary file by the Provost or designee for good cause, upon written petition of student accused, three years from the date of the final written decision. Disciplinary records shall not be expunged without unusual and compelling justification. Factors to be considered in review of such petitions shall include:

The present demeanor of the person accused.
The conduct of the person accused subsequent to the violation.
The nature of the violation and the severity of any damage, injury, or harm resulting from it.

The Provost will respond, in writing, within 28 calendar days of the receipt of the petition. If the Provost denies the petition, copies of this letter will be kept in the central records file in the Office of the Provost. Denials of petitions to expunge disciplinary records shall be appealable to the President or designee.
The President or designee shall review the original petition and the factors outlined in section VIII.B.1.-VIII.B.3. The President will respond, in writing, within 28 calendar days of the receipt of the appeal to the petition. If the President denies the appeal, copies of this letter will be kept in the central records file in the Office of the Provost and Chief Academic Officer.
The decision of the President is final and is not appealable.