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1. Purpose

   The ���Ĵ�ý (���Ĵ�ý) is committed to providing all students with a safe, respectful, and productive environment. This policy aims to support the community standards we uphold at ���Ĵ�ý to ensure an effective, supportive, and successful learning environment where all students can succeed. Students may be accountable to civil authorities and ���Ĵ�ý for acts that constitute violations of the law and this Code of Student Conduct. In support of our students’ academic pursuits, ���Ĵ�ý is fully committed to promoting safety, well-being, and a positive collegial atmosphere as noted by the Code of Civility. ���Ĵ�ý reserves the right to change the Code of Student Conduct as necessary and without prior notice.

2. Scope and Applicability
   1. This policy applies to the following:
      1. Current ���Ĵ�ý students
      2. Former ���Ĵ�ý students who are no longer active but are alleged to have violated the Code of Student Conduct when they were considered active students
   2. This policy does not apply to the following:
      1. Issues related to academic integrity will be addressed by the ���Ĵ�ý Policy on Academic Integrity and the Office of Academic Integrity and Accountability (OAIA).
      2. Issues related to sexual misconduct, including, but not limited to, sexual harassment, sexual violence, dating violence, domestic violence, sexual exploitation, sexual intimidation, and retaliation for reporting, will be addressed by the ���Ĵ�ý Policy on Sexual Misconduct and the ���Ĵ�ý Title IX Office.
      3. Issues related to discrimination and/or harassment based on race, religion, color, creed, marital status, age, sex, gender identity or gender expression, national origin, political affiliation, and/or mental or physical disability, will be addressed by the ���Ĵ�ý Policy on Non-Discrimination and Anti-Harassment and the ���Ĵ�ý Office of Fair Practices.

3. Definitions

   All quoted terms shall have the following definitions throughout this Policy and the accompanying Procedures:

   1. “Administrative Conference” - process wherein the assigned Case Manager and the Respondent will communicate about an alleged violation of the Code.
   2. “Business Day” – Monday through Friday between 9 a.m. and 5 p.m. Eastern Standard Time, excluding weekends, University holidays, or planned and unplanned closures.
   3. “Case Manager” – University staff member assigned to review, administer, and/or render a decision on an alleged violation of the Code.
      
   4. “Complainant” – the individual(s) who experienced the alleged prohibited conduct or suffered harm. The Complainant may or may not be the Reporter.
   5. “Conduct Board” – three members of the University community assigned to review and decide an alleged violation of the Code. Members can include one or more of the following: faculty, staff, and students.
   6. “Conference” – a communication between two or more individuals by telephone, in writing (including but not limited to e-mail or letter), videoconferencing, or in person.
   7. “Distribution” – the sale or exchange of goods or services for personal profit.
   8. “Interim Measure” – the imposition, for a temporary period of time, any action that could be taken as a final sanction.
   9. “Investigator” – a University employee assigned to investigate the Report and make a recommendation. The Chief Student Affairs Officer may appoint an individual whom the University does not employ to be the Investigator of a Report.
   10. “Non-Academic Misconduct” – any action, behavior or conduct that is inconsistent with the expectations, standards, and requirements of the University as explained through its policies; federal, state, or international laws; or shared community standards, including but not limited to, the prohibited acts specified in Section IV. of this Policy.
   11. “Reckless” – acts or conduct that one knows or should reasonably know creates a substantial risk of harm to persons or property or that would otherwise be likely to result in interference with normal Sponsored Activities.
   12. “Report” – any allegation(s) of Misconduct made to the University.
       1. A Report can be made by internal and external sources, including students, faculty, staff, or third parties.
       2. A Report can also be triggered by University computing devices, networks, and systems that monitor data for suspicious activities or made by an employee tasked with monitoring University computing devices, networks, and systems for suspicious activities within data collected by the University.
       3. A Report can also be made anonymously.
   13. “Reporter” – the individual(s) or source of the allegations in the Report. The Reporter may or may not be the Complainant.
   14. “Respondent” – the Student alleged to have engaged in conduct prohibited by this Policy.
   15. “Retaliation” – intimidating, threatening, coercing, harassing, causing physical harm, or otherwise discriminating against an individual because the individual submits a Report or participates in the investigation or adjudication of a Report.
   16. “Sanction” – any action taken in response to a Student being found responsible for Misconduct.
   17. “Student” – any person who is registered for a course at the University for the academic period in which the alleged misconduct occurred, and, for continuing students, between academic periods, as well as any person who has been admitted to the University and is eligible to register for a course. To avoid any doubt, students should include former students.
   18. “University” – ���Ĵ�ý (���Ĵ�ý)
   19. “University Premises” – buildings, grounds, websites, webpages, or computer networks owned, leased, operated, controlled, or supervised by the University.
   20. “USM” – the University System of Maryland.
   21. “USM Premises” – buildings, grounds, websites, webpages, or computer networks owned, leased, operated, controlled, or supervised by the University System of Maryland.
   22. “University-Sponsored Activity” – any activity on or off University Premises initiated, aided, authorized, or supervised by the University.
   23. “USM-Sponsored Activity” – any activity on or off USM Premises initiated, aided, authorized, or supervised by USM.
   24. “Weapon” – any object or substance designed or used to inflict a wound, cause injury, or incapacitate, including, but not limited to, all firearms, pellet guns, knives, and chemicals, such as mace products, pepper spray, or tear gas.
   25. “Witness” – any person who may have information about the concern but is not the Complainant or Respondent.
4. The following conduct is prohibited as Non-Academic Misconduct:
   1. Violations Against Others (especially ���Ĵ�ý students, faculty, and staff), including:
      1. “Harm and/or Threats of Physical Harm” – inflicting physical harm or injury or threatening to physically harm or injure another person or causing the reasonable apprehension of bodily harm to another person within the University community, which includes students, faculty, staff, anyone present virtually or on University- or USM-Premises, or at a University- or USM-Sponsored Activity;
      2. “Harassment and/or Bullying" – intentionally engaging in persistent, severe, or pervasive behavior toward another member of the University community that a reasonable person would find malicious, degrading, intimidating, or threatening. This may include, but is not limited to, personally attacking or insulting through angry outbursts, repeated use of profanity, name-calling, or offensive nicknames; this behavior may be expressed face to face or through a personal, physical, or digital intermediary, to include documents, email, instant messaging, online classrooms, chat rooms, telephones, cell phones, social media, or other forms of communication technology;
      3. “Disorderly Conduct” – intentionally or recklessly disrupting or interfering with the orderly functioning of the University, which disturbs the peace or comfort of other persons, or interferes with or precludes the performance of duties by University faculty and staff. This can include repeatedly contacting faculty, staff, or other members of the University community about a specific issue when a response was provided, a response is pending, or a final decision was rendered.
      4. “Failure to Comply” – misrepresenting facts, furnishing false information, or failing to comply with a request or direction of a University official or employee (including security officials, faculty, and staff) in the performance of their duties. This can include students who have been informed they should communicate with specific University faculty or staff, but they continue to contact other faculty, staff, or other members of the University community. This also includes students who have been requested not to contact a specific faculty, staff, or other member of the University community, but continue to do so;
      5. “Obscene Conduct” – engaging in any behavior that is lewd, repulsive, or indecent based on contemporary community standards;
      6. “Invasion of Privacy” – using electronic devices (cell phones, cameras, camcorders, etc.) to create images, videos, or audio recordings of persons without their knowledge or consent when and where they have a reasonable expectation of privacy;
      7. “Hazing” – creating (by telephone, in writing, through social media, or in person) a condition or requirement for involvement with a University organization or University-Sponsored Activity that causes mental stress, bodily harm, anxieties that demean, degrade, or disgrace any person, emotional, or physical discomfort, embarrassment, harassment, or ridicule;
   2. Violations Obstructing Orderly Administration of University Operations, including:
      1. “Fraud”– any willful or deliberate act, expression, omission, or concealment with the intent of obtaining an unauthorized benefit by deception or other unethical means;
      2. “Misusing University Documents” – using University documents in an unauthorized manner, whether by forging, altering, falsifying, duplicating, lending, borrowing a document, or by improper possession;
      3. “Interference with University Process” – interfering with the orderly operation of the Code of Student Conduct process, including but not limited to:
         1. Filing a malicious, frivolous, or false Report;
         2. Falsifying testimony or fabricating evidence for a Conference with a University employee;
         3. Disrupting the procedure of a Conference with a University employee;
         4. Discouraging or attempting to discourage another Student or organization from participating in any part of the investigation or adjudication of Reports;
         5. Attempting to intimidate or influence the impartiality of a University employee involved in the investigation or adjudication of a Report;
         6. Failing to comply with any sanction imposed under this Policy;
         7. Violating the privacy and confidentiality of any Student or University employee with respect to the investigation or adjudication of a Report;
         8. Influencing or attempting to influence another person or organization to interfere with the orderly operation of the investigation and adjudication of a Report;
      4. “Interference” - intentional and substantial interference with the freedom of expression of others on University or USM premises or at University- or USM-Sponsored Activities;
      5. “Computer Misuse” – using or attempting to use University computing resources in a manner that is in violation of the University’s Acceptable Use Policy or is inconsistent with the purpose for which they are intended or is unauthorized by University policies or administrators, including but not limited to uploading any content that includes a virus or other computer code, files, or programs that may alter, damage or interrupt the functionality of University computing resources or the hardware or software of any other person on University- or USM-Premises;
      6. “Conduct of Guests/Visitors” – Students and organizations are accountable for the conduct of their guests or visitors and for informing them of the expectations, rules, and regulations regarding appropriate conduct at the University or University-Sponsored Events. If guests or visitors violate this Policy or other University policies, their student host(s) may be held responsible even if the host did not participate in the activity or actions that violated a University Policy;
      7. “Abusing the Organization and Event Registration Process” – providing false information or excluding requested information during the organization or event registration process;
      8. “Failing to Adhere to Agreements” – engaging in any act or conduct that is inconsistent with the expectations or provisions of a signed waiver, release, or participation agreement;
      9. “Policy or Procedure Violation” – violating any published University or applicable USM Policy or Procedures not specifically addressed above.
   3. Violations Against Property, including:
      1. “Theft” – taking or attempting to take property, services, personal data, academic content, or resources, or the unauthorized use of services to which one is not entitled, or knowingly possessing stolen personal property on University- or USM-Premises or at a University- or USM-Sponsored Activity;
      2. “Unauthorized Use of Property” – using equipment, supplies, or materials owned or leased by the University or USM that has not been duly approved by the appropriate administrative unit or authorized by an employment supervisor;
      3. “Vandalism” – intentionally or recklessly destroying, damaging, or attempting to damage property (including personal, digital, and electronic) owned by the University, USM, or another person on University or USM premises;
      4. “Arson” – willful or malicious burning or attempting to burn University or USM property or the personal property of another on University- or USM-Premises or at a University- or USM-Sponsored Activity;
      5. “Trespassing” – unauthorized or unlawful entry, presence, or occupation of University or USM facilities;
      6. “Copyright Infringement” – failure to secure permission to use the copyrighted work of another before using a copyrighted work in violation of federal or state law when the use does not fall within an exception to federal or state law (for example, fair use).
   4. Violations Against Public Health and Safety, including:
      1. “Alcohol & Other Drug Abuse” – unlawfully possessing, manufacturing, selling, using, consuming or delivering alcoholic beverages or controlled substances, or paraphernalia associated with the use of alcohol or other controlled substances on University- or USM-Premises or at University- or USM-Sponsored Activities (paraphernalia includes but is not limited to: smoking devices or bongs used for or smoking);
      2. “Fire Safety” – engaging in any act, attempted act, or inaction, intentionally or recklessly, that impairs the effective use of a fire safety device or equipment (fire extinguisher, fire alarm, fire safety doors, etc.) or interferes with the University’s fire safety protocol;
      3. “Weapons” – violation of ���Ĵ�ý VI-9.01 University Policy Prohibiting Weapons;
      4. “Fireworks and Explosives” – possessing, using, storing or attempting use of bombs, explosives, dangerous chemicals, incendiary devices or fireworks (if the local jurisdiction bans fireworks) on University- or USM-Premises or at a University- or USM-Sponsored Activity, or making a threat of fire, explosion, or other emergency on University- or USM-Premises or at a University- or USM-Sponsored Activity;
      5. “Obstruction” – engaging in any intentional or reckless action or attempted action that interferes with or obstructs another person’s ability to freely enter and exit University or USM premises or obstructing University driveways, walkways, or other thoroughfares;
      6. “Unlawful Conduct” – violating any applicable federal, state, local, or international law or being convicted of any crime, other than a traffic violation, while actively enrolled as a Student that represents a substantial threat to persons or property affiliated with the University or USM.
5. Interim Suspension and Other Interim Measures
   1. The Chief Student Affairs Office or designee may impose on a student any Interim Measure deemed appropriate pending a preliminary inquiry and investigation, including, but not limited to, suspension, suspending or terminating access to the classroom, any University computing resources, and/or removing content that allegedly violates the Code;
   2. The Chief Student Affairs Officer or designee may issue, modify, and terminate “No Contact Orders” against Students. No Contact Orders are typically mutual between two or more individuals and are intended to prevent further direct or indirect communication with each other. As an interim measure, the No Contact Order is not meant to be punitive or viewed as a Sanction. No Contact Orders may remain in place based on the determination by the Chief Student Affairs Officer or designee. Violations of No Contact Orders may constitute a violation of the Code;
   3. The Chief Student Affairs Officer or designee may issue, modify, and terminate “Cease and Desist Orders” against Students and/or University organizations when continuing an identified behavior or activity poses a threat to the health and safety of the University community. Cease and Desist Orders may be effective immediately without prior notice. Violations of Cease-and-Desist Orders may constitute a violation of the Code;
6. Sanctions
   1. Reprimand – a written admonishment for the Misconduct to be included in the Respondent’s disciplinary record;
   2. Removal from the Course in Progress – the termination of the Respondent’s ability to attend the course in which the Misconduct was found to have occurred, and for which course the Respondent will not receive a grade or a refund;
   3. Disciplinary Probation – a status for a specified length of time (“Probationary Period”) in which Respondent may remain enrolled in the University only if the Respondent complies with any conditions specified in the Sanction notification and includes the probability of more severe Sanctions if the Respondent is found to be violating any University Policy or Procedure during the Probationary Period, which shall not exceed three consecutive academic terms;
   4. Suspension – separation of the Respondent from the University for a specified time (“Suspension Period”), after which the Respondent is eligible to return if the Respondent complies with any conditions specified in the Sanction notification. During the Suspension Period, the Respondent is banned from the Premises and from attending Sponsored Activities. A Respondent is ineligible to register for or attend classes at the University or another USM institution during the entire Suspension Period. If suspended during enrollment in a course(s), the Respondent will not receive a grade or a refund. The Suspension Period shall not exceed two consecutive years;
   5. Expulsion – the termination of Student status at the University with resultant loss of all Student rights and privileges;
   6. Educational sanction – student is required to complete a sanction with the goal of one or more learning outcomes. These sanctions will be applied based on the violation that occurred;
   7. Other sanctions – sanctions not listed above may be imposed to address the specific violations observed;
   8. Aggravating Factors - circumstances attending the commission of Misconduct that adds to its seriousness and may be considered to increase a Sanction, including but not limited to, the Respondent’s present demeanor, past disciplinary Sanctions for similar Misconduct, past Educational Remediation, adverse impact to an individual or the University community, use of force, post-secondary educational experience, dishonesty, premeditation of a violation, malicious intent to a breach, the presence of any high risk behaviors, and/or the nature and importance of the Academic Assessment;
   9. Mitigating Factors – circumstances that may be taken into consideration to reduce a Sanction, including, but not limited to, the conditions under which the incident occurred, the Respondent’s present demeanor, absence of past disciplinary record or educational remediation, post-secondary educational experience, self-defense, provocation by others, accidental or lack of malicious intent in a violation, whether the Respondent has acknowledged responsibility or remorse for the Misconduct, sincere insight into the nature of the harm caused and a willingness to reduce or repair the effect of the harm, and any steps the Respondent has taken to address the behavior;
7. Appeals
   1. Students found responsible for violating the Code can appeal the decision using the Appeal Procedures outlined in the Code of Student Conduct Procedures.
   2. Students may not appeal Code of Student Conduct determinations under ���Ĵ�ý Policy V-1.02 Student Grievance Procedures.

���Ĵ�ý is committed to students’ safety and well-being. If you have questions about this policy or want to report a potential violation of the Code, please contact SACOC@umgc.edu

See Procedures P-V-1.03: Procedures for ���Ĵ�ý Code of Student Conduct