Code of Student Conduct and Student Rights and Responsibilities

Code of Student Conduct

Every community has certain regulations and traditions that every member is expected to abide by and uphold. A college community is no exception. The McDaniel College community, perhaps even more than others, depends upon mature and responsible members. Only in such a community can an atmosphere be established that will contribute to the liberal arts education.

Discipline administered by the agencies of McDaniel College is limited to incidents of student misconduct that adversely affect the College community. Students who attend McDaniel College must recognize that some conduct so exceeds the bounds of permissible behavior that they may be asked to pursue their education in some other environment. Such an individual forfeits all fees that have been paid.

McDaniel College expects that individuals will respect the rights of others. Students and student organizations responsible for misconduct may be disciplined. Misconduct taking place on at another location in connection with any college-related activity is considered on campus. A college-related activity includes any activity sponsored by, paid for or supervised by the College or any organization recognized by the College. Any student responsible for misconduct at another location or at college related functions is subject to College discipline.

The College will hold students accountable under the Code of Student Conduct for acts committed off campus in cases of serious misconduct, conduct that demonstrates flagrant disregard for the rights of others, and/or conduct that threatens the College’s relations with the community.

The Code shall apply to a student’s conduct if the student withdraws from the College while a disciplinary matter is pending. Standards of conduct apply on campus as well as on electronic media, including cyberspace. Any undergraduate student found to have committed or to have attempted to commit the following misconduct, which is not meant to be all-inclusive, is subject to the disciplinary sanctions found under Student Conduct Process.

McDaniel College strictly prohibits retaliation of any kind against an individual who in good faith reports a possible violation, participates in an investigation, engages in bystander intervention or participates in the resolution of a grievance. Reported incidents of retaliation will be investigated and addressed in accordance with the relevant disciplinary procedures.

Any student found to have committed or to have attempted to commit the following misconduct is subject to disciplinary action:

Dishonesty, such as cheating, plagiarism, violation of the Honor Code, or knowingly furnishing false information to the College.
Forgery, alteration, or use of College documents, records, or instruments of identification with intent to defraud.
Intentional obstruction or disruption of teaching, research, administration, or other College activities, including public service functions and other authorized activities.
Harassment or intimidation of an individual (including but not limited to harassment or intimidation based on race, religion, creed, ethnicity, age, gender, disability, marital status, pregnancy, sexual orientation, nationality, or veteran status).
- Harassment includes any written, oral or physical acts (including electronically transmitted) that are reasonably perceived as hostile; cause bodily harm; or unreasonably interfere with the learning or living environment. This is all the more the case if questionable behavior is repeated and/or if it continues after the offending party is informed of the objectionable and/or inappropriate nature of the behavior. Harassment can be a single incident or a series of repeated incidents.
Physical or verbal abuse or conduct that threatens or endangers the health or safety of any person. Note: Physical abuse includes assault and fighting and all persons engaging in a fight are subject to disciplinary action regardless of who started the fight. The burden of proof will fall upon the students to demonstrate that they took every measure to withdraw from and deescalate the situation. Students should not contribute to or perpetuate a physical assault.
Stealing, concealing, defacing, or damaging, tampering (or intending to or attempting to) with College property or the property of others.
Unauthorized entry to or use of College facilities, including buildings, the roofs of buildings and grounds. Unauthorized use of keys or entrance cards.
Possession, use, sale, manufacturing, or distribution of cannabis or a controlled substance (drugs) or drug paraphernalia. Conspiring, co-conspiring, or facilitating in drug selling, distribution, and manufacturing.
9. Unauthorized possession, use, or storage (anywhere on campus) of weapons, including but not limited to:<l/i>
- Firearms, bb guns, soft pellet guns, air soft guns, paint ball guns, air rifles, and facsimiles of such weapons or any object or instrument which has been designed or altered to appear to be a weapon, or which can reasonably be construed or used as a weapon (dependent on the circumstances of its use, possession or display)..
- Electronic control devices, i.e. Tasers and stun guns
- Ammunition, explosives, combustibles, fireworks, laser guns, dangerous chemicals, all types of martial arts weaponry, any device capable of casting a projectile or other weapons (e.g. metal knuckles, throwing stars, dirks, swords, nunchakus)
- Knives including, butterfly knives, assist opening or spring loaded knives, dirks, bowie knives, switchblades, box cutters or knives with blades more than 3 inches in length.
Setting fires (including candles), tampering with fire-protection equipment, or activating or attempting to activate false alarms.
- Interfering with the safety and/or health of a member of the College community (e.g. intentionally causing the evacuation of a College building for reasons known to be false; obstructing emergency evacuation of any facility on College property)
- Willfully disregarding any emergency or fire alarm evacuation signal
- Hindering the duties of emergency services
- Misusing, altering, or tampering with any security or fire safety equipment; setting fires.
Failure to appear on official requests before one of the duly constituted disciplinary agents of the College.
Violations of any policy, rule and any other regulations that may be enacted or
published, including COVID-19 protocols, and violations of local laws.
Disorderly conduct. Any unreasonable or reckless conduct by an individual or student group that is inherently or potentially unsafe to other persons or property. Any behavior by an individual or student group that disrupts the peace or interferes with the normal operation of the College or College-sponsored activities. Disorderly conduct includes, but is not limited to: interrupting or interfering with the carrying out of the duties of a College or public official; vomiting and/or urinating in public.
Lewd, indecent or obscene conduct or expression.
Participating in an on-campus or off-campus demonstration, riot, or activity that disrupts the normal operations of the College and/or infringes on the rights of others; leading or inciting others to disrupt scheduled and/or normal activities within any building or area.
Violation of the College Alcohol Policy, including underage possession or consumption of alcohol, unauthorized possession of alcohol in public areas, using/providing false identification, hosting or participating in drinking games or contests that disrupt college-owned or rented spaces and/or endanger the well-being of others. This list is not exhaustive.
Failure to comply with directions of College officials acting in performance of their duties, including but not limited to:
- Refusing to furnish identification upon request
- Abusing, disrespecting, or harassing College officials.
Violation of the Hazing Policy:
The College defines hazing as any serious action taken or situations created, intentionally, whether on or off college premises, to produce mental or physical discomfort, embarrassment, harassment, or ridicule. Such activities and situations include use of alcohol or illegal substances; paddling in any form; creation of excessive fatigue; physical and psychological shock; quests, treasure hunts, scavenger hunts, road trips, or any other such activities; wearing apparel which is conspicuous and not normally in good taste; engaging in public stunts and buffoonery; normally degrading or humiliating games and activities which are not consistent with the regulations and policies of the educational institution or applicable state law. Hazing with or without the consent of the individual is prohibited.
Abuse of the Student Conduct Process, including but not limited to:
- Tampering with the student conduct process or filing frivolous appeals
- Falsification, distortion, or misrepresentation of information before a hearing board, individual hearing officer, or other administrator of the College.
- Initiating a student conduct complaint in bad faith.
- Failure to comply with the sanction(s) imposed under the Code of Student Conduct
Gambling, which may include bets on live or online activities or unauthorized raffles, lotteries, sports pools.
Conduct defined in the McDaniel College Title IX Policy and Grievance Procedures
- Allegations related to conduct defined in the McDaniel College Title IX Policy and Grievance Procedures will most likely adjudicated under that policy, not the Student Conduct Process.
Conduct defined in the Discrimination, Harassment and Retaliation Prevention Policy for Students

Student Rights and Responsibilities

Access to Higher Education—Within the limits of its facilities, the College shall be open to all students who are qualified according to its admission standards. The College’s policies prohibit discrimination in admission on the basis of race, color, gender, religion, national or ethnic origin, sexual orientation, and disability.
Classroom Expression—The professor in the classroom and in conference encourages free discussion, inquiry, and expression subject only to the responsibility to maintain order and reasonable academic progress. Students are free to take reasoned exception to the data or view offered in any course of study and to reserve judgment about matters of opinion, but they are responsible for learning the content of any course of study for which they are enrolled. Disruptive classroom behavior may result in dismissal from class and disciplinary action.
Freedom of Inquiry and Expression—Students and student organizations are free to examine and to discuss all questions of interest to them and to express opinions publicly and privately. They are free to support causes by orderly means which do not disrupt the regular and essential operation of the institution. At the same time, it should be made clear to the academic and the larger community that in their public expressions or demonstrations students or student organizations speak only for themselves, and not for the institution.
Students are allowed to invite and to hear any person of their own choosing. Routine procedures required by the institution before a guest speaker is invited to appear on campus are designed to ensure that there is orderly scheduling of facilities and adequate preparation for the event, and that the occasion is conducted in a manner appropriate to an academic community. Institutional control of campus facilities will not be used as a device of censorship. It should be made clear to the academic and larger community that sponsorship of guest speakers does not imply approval or endorsement of the views expressed, either by the sponsoring group or the institution.
Student Participation in Institutional Government—As constituents of the academic community, students are free, individually and collectively, to express their views on issues of institutional policy and on matters of general interest to the student body. Students may run for elective office. Students may, through their Student Advisory Council, formulate and implement policies and may petition the administration for reconsideration of policies. The administration will notify the SAC of planned policy changes. Such policies shall not be inconsistent with federal, state, or local laws and are subject to review by the College administration.
Grievances—Unless an already established appeals procedure exists, students may petition the College administration for review and reconsideration of a policy decision or implementation. The student should first discuss the issue with the College official responsible for the decision. If the matter is not satisfactorily resolved, the student has the right to appeal to the official’s supervisor and the Dean of the Faculty in Budapest.
Honor Code—McDaniel College is committed to the ideals of personal integrity and community honor in all aspects of campus life, including academic endeavors, use of the library and other facilities, and respect for community and personal property. Since the rights of the honest majority must be protected against the actions of individuals acting dishonestly, the Honor and Conduct Board addresses violations within the College community committed by undergraduates.
Student Media—Student media shall be free of censorship and advance approval of copy. Editors will be free to develop their own editorial and advertising policies and news coverage. Editors and business managers of student publications will be protected from arbitrary suspension and removal.College-published and -financed student media will state on the editorial page or in their regular announcements that the opinions expressed are not necessarily those of the College or student body.
Off-Campus Freedom of Student—College students at the Budapest campus are both residents of Hungary and members of the academic community, and therefore enjoy the same freedoms that other residents enjoy. As members of the academic community, they are subject to the obligations which accrue to them by virtue of this membership. Faculty members and administrative officials ensure that institutional powers are not employed to inhibit intellectual and personal development of students exercising their rights.
Privacy—Except under extreme emergency circumstances (imminent danger of life, safety, health, or property), or as required by law enforcement officials, premises occupied by students and the personal possessions of students will not be searched unless appropriate authorization at McDaniel College is provided by the Dean of Faculty or designee. The College reserves the right to install and operate surveillance cameras in various locations of College property. Surveillance cameras are not monitored on a regular basis. The College’s phone mail system is the property of McDaniel College. The College reserves the right to access recorded messages when it investigates complaints regarding harassment or other violations of College regulations. Such access must be authorized by the Dean of Faculty or designee.
10. Access to and Release of Student Records—McDaniel College complies with The Family Educational Rights and Privacy Act of 1974 (FERPA). As a college student, a student’s McDaniel records (including academic and financial records) belong to the student. This means that McDaniel College staff are legally required to have a student’s written permission before they can disclose details of a student’s academic and financial accounts with others (including parents or guardians). In accordance with FERPA, students have certain rights with respect to their education records. Additional information about these rights and the policy can be found here:
McDaniel College Family Educational Rights and Privacy Act website:FERPA WEBSITE
McDaniel College Family Educational Rights and Privacy Act policy:POLICY DOCUMENT
Student Right-to-Know— In accordance with the Student Right-to-Know Act of 1990, a graduation rate report is available from the Office of Registrar or in the Office of Academic Life.

Student Conduct Records

Students will have their student conduct record(s) maintained for eight years from the date of the incident except in cases that resulted in sanctions of suspension and expulsion (which will be kept indefinitely).

Records Requests:

Students requesting to have their student conduct records released to other colleges or universities should contact the Budapest campus and provide a signed form indicating that permission is being given for records to be released. The Director of Academic and Student Affairs will make a copy of the signed release form and then release the records within one week of receiving the form.It is the policy of McDaniel College to release student conduct records for any formal disciplinary action in which a student is found responsible for violating the McDaniel College Code of Student Conduct and a sanction is assigned.The format of the release will be as follows:

NAME OF STUDENT / Date of Incident / Violation – Sanction(s) Imposed – Dates of Sanction

Examples:

JOHN ALLEN DOE / November 16, 2012 / Unauthorized consumption of alcohol – Disciplinary Warning

JANE ALLISON DOE / March 4, 2010 / Dishonesty such as cheating or plagiarism – Grade of F received in the course 4/1/2010McDaniel College does not release information about the following types of cases:

Cases in which the student is found not responsible
Cases where informal action or no action is taken

Medical Amnesty Policy

The Medical Amnesty Policy is a way for McDaniel College to reduce the harmful consequences caused by the abuse of alcohol or drugs. McDaniel College does not condone underage drinking or the unlawful use of drugs. This policy is designed to promote responsible decisions when students are faced with emergencies requiring emergency medical attention. Emergency medical attention is defined as admittance to a hospital.

The purpose of this policy is to remove barriers and increase the likelihood that students who require emergency medical assistance as a result of high-risk alcohol or drug consumption will receive such assistance. This policy will provide an opportunity for a caring intervention; those who qualify will not receive any sanctions from the College and no Alcohol and Other Drug policy violation will be recorded in the student’s conduct record.

There are two categories of individuals who may qualify for medical amnesty. For amnesty to apply, either on or off campus premises: the person in need of emergency medical attention, or other individuals present must proactively request assistance for the person in need of emergency medical attention.

These categories are described below:

Persons in need of Emergency Medical Attention

Students who a) proactively seek emergency medical attention on their own or b) emergency medical attention is proactively sought by other individuals present and who are transported to the hospital for reasons directly related to the consumption or use of alcohol or drugs may be eligible to receive medical amnesty. Students who receive emergency medical attention may be granted medical amnesty only once while enrolled at McDaniel College. Any subsequent violation will result in a referral to the Student Conduct System

Other Individuals Present

Students who proactively seek emergency assistance on behalf of persons experiencing alcohol or drug related emergencies are eligible to receive amnesty. In order to encourage students to be proactive in helping others, the College does not set a limit on the number of times a student can seek amnesty while assisting others during an alcohol or drug-related emergency, but reserves the right to revoke future amnesty if an individual student is utilizing this policy in an abusive manner. The Dean of the Faculty or designee will make the decision on whether a student is abusing amnesty and the student will be given written notice of such decision.

Follow-up

Any student who may be eligible for amnesty will meet with the Dean of Faculty or designee. If the student qualifies for medical amnesty, no disciplinary actions will be issued for violation of the College Student Alcohol and/or College Illegal Drug Policy. Students granted amnesty may be required to participate in an appropriate educational program or referred to additional resources on or off campus in order to receive amnesty. Failure to meet with the designated staff member and/or complete the follow- up assigned will disqualify a student for amnesty and result in referral of the matter to the Student Conduct System.

Limitations of Medical Amnesty

Medical amnesty applies to incidents that require emergency medical attention where the student is taken to the hospital in direct relation to the consumption or use of alcohol or drugs, after proactive measures by either the person in need of medical attention themself and/or by other individuals present in the incident. The policy does not apply to situations where College staff members discover an incident absent such proactive measures and subsequently or concurrently determine (or are informed) that an individual requires medical attention. Contacting College staff as a form of assistance will qualify a student for amnesty.

Additionally, the policy does not apply to other prohibited conduct, such as, but not limited to, violence and threats, theft, damage and vandalism, compliance, sexual assault, hazing, etc. If other prohibited conduct occurs, the student(s) will be held responsible through the Student Conduct System for those violations.

Nothing in this policy shall prevent an individual who has enforcement obligations under state, federal, or local law to report, charge, or take other action related to the possible criminal prosecution of any student. This policy does not protect or preclude a student from civil or criminal action, which is separate from the College conduct process.

Solicitation on Campus

Campus community members have the right to assume that they will not be subjected to undue intrusions upon their privacy. In order to minimize such intrusions, the following policies govern contacts by off campus individuals or organizations with the College community:

The College will not provide copies of the student roster to any organization without the express consent of the Dean of the Faculty.
There will be no solicitation by salespersons, fund raisers, or any persons engaged in similar activities in any of the living units under the control of the College. Students who learn of such solicitation should contact the College. Persons invited beforehand to conduct business with a student may come on campus to meet only the student who requested the appointment.

Policy on Electronic Devices

Cellular phones, tablets, and other electronic devices shall not be used in a manner that causes disruption in the classroom, library, or within any College-owned or College-operated facility. Abuse of cellular devices with photographic capabilities, use of devices for purposes of photographing test questions or other notes and materials is prohibited. This includes any unauthorized use of electronic or other devices to take a picture or make an audio, visual or video record of any person without their prior knowledge, or without consent when such a recording is likely to cause injury or distress. Photographing individuals in secured areas such as bathrooms, locker rooms, or other areas where there is a reasonable expectation of privacy, and/or recording videos of an individual in these types of areas where there is an expectation of privacy, is strictly prohibited. Electronic transmission of these photographs of any person without express permission is also strictly prohibited.

Policy on the Acceptable Use of Security Cameras

McDaniel College maintains this policy to outline the responsibility, decision-making process, and regulations regarding the regular use of safety cameras to monitor and record potential criminal activity, or violations of College policies in areas with no expectation of privacy to improve safety and security at the college. This policy does not include the installation of covert surveillance systems installed as part of a documented and on-going criminal investigation. The policy applies to all employees, students, vendors, contractors, and visitors and governs the use of safety cameras for monitoring and recording. It does not apply outside of security or safety applications (ex. recordings of lectures or performances, news or press coverage, athletic events, etc.).

Policy on Responsible Use of Computing Resources

McDaniel College provides computing resources to support the academic research and instructional activities of the institution. The resources are intended for the sole use of College faculty, staff, students, and other authorized users. Use of the College’s information technology resources is a privilege. The following types of activities are examples of behavior that are unethical and unacceptable, and in some cases may violate state or federal law and/or the McDaniel Code of Student Conduct:

Attempting to alter system, hardware, software, or account configurations.
Accessing or monitoring another individual’s accounts, files, software, electronic mail, or computer resources without the permission of the owner.
Misrepresenting your identity, role, or the identity of any person in any type of electronic communication.
Misusing the College’s computing resources so as to reduce their efficiency or to affect access to the detriment of other users.
Breaching or attempting to breach computer security systems, whether with or without malicious intent.
Engaging in any activity that might be harmful to systems or to any stored information such as creating or propagating viruses, worms, Trojan horses, or other rogue programs, disrupting services, or damaging files.
Violating copyright and/or software license agreements.
Using computing resources to threaten or harass others or transmitting obscene or fraudulent messages.
Using computing resources for commercial or profit-making purposes.
Installing or operating computer games on College-owned computers for purposes other than academic instruction.
Downloading or posting to College computers without authorization.
Personally owned routers are not allowed on the McDaniel College Network.

Policies and regulations of the College, including the Code of Student Conduct, and state and federal law, are applicable to computing resources.

Chosen Name Policy

McDaniel College recognizes how important it is to have the ability to be addressed by the name that an individual prefers. Accordingly, the preferred name policy is intended to help individuals navigate college systems and make adjustments where needed. Though some offices must utilize a students legal name (Financial Aid, for example), every effort is made to respect our student’s chosen name.

Smoke Free Environment Policy

There is considerable scientific evidence of serious health hazards for smokers and others caused by second hand smoke. For the purpose of this policy, smoking is defined as smoking any substance including all types of tobacco, cloves, medically prescribed cannabis and water vaping using smoking devices such as cigarettes, pipes, e-cigarettes, vapers, hookahs and cigars. All indoor public areas of the College are designated as non-smoking. The policy is designed to protect the health and well-being of the entire community.