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 all members’ educational, professional, and personal goals.

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 any site outside of campus 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.

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 in the Student Conduct Process section of this information.

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.
4. 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.
Unauthorized possession, use, or storage (anywhere on campus) of weapons, including but not limited to firearms of all sorts, electronic devices such as tasers and stun guns, combustible materials, knives and other hand-held weapons.
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 protocols for illnesses such as COVID-19 in the event these are called for.
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:
1. Refusing to furnish identification upon request
2. Abusing, disrespecting, or harassing College officials.
Hazing. The College defines hazing as any serious action taken or situations created, intentionally, whether on or off college premises, to produce undue 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; 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. 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.
- 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.
Violation of the McDaniel College Policy Against Sexual and Gender-Based Misconduct and Other Forms of Interpersonal Violence
- All possible violations related to an incident addressed by the McDaniel College Policy Against Sexual and Gender-Based Misconduct and Other Forms of Interpersonal Violence will be adjudicated under that policy, not the Student Conduct Process.

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.
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 divisional vice president.
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.
The role of College student media, the standards to be used in their evaluation, and the limitations on external control are governed by the Media Board. The editorial freedom of student editors involves the corresponding obligation to be governed by the canons of responsible journalism and media management. These entail the responsibility to avoid libel, undocumented allegations, attack on personal integrity, techniques of harassment, and innuendos. The Media Board adheres to The Code of Ethics of the Society of Professional Journalists (revised 1996), FCC regulations, and individual organization codes of ethics.

Unrecognized publications may be distributed on campus insofar as the publication complies with the same standards of responsible journalism required of recognized publications.
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 the Faculty or his/her designee.
Access to and Release of Student Records—McDaniel College complies with The Family Educational Rights and Privacy Act of 1974 (FERPA). In accordance with FERPA, students have certain rights with respect to their education records. These rights are:
1. The right to inspect and review the student’s education records within 45 days of the day the College receives a request for access. A student should submit to the registrar, dean, or head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The College official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wished to ask the College to amend a record should write the College official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. The right to provide written consent before the College discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The College may disclose education records without a student’s prior written consent under the FERPA exception for disclosure:
  - to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College.
    A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted as its agent to provide a service instead of using College employees or officials (such as an attorney, auditor, reporting or collection agent); a person serving on the Board of Trustees; a student serving on an official committee, such as a disciplinary or grievance committee; or a person assisting another school official in performing his or her tasks
  - the parent/guardian of a student who claims the student as a dependent based on the IRS Code of 1986 Section 152. McDaniel College values the role of parents/guardians as partners in the education of our students. Our institutional philosophy is to encourage communication between students and parents/guardians about the student experience at McDaniel. To that end, the College may notify parents/guardians of dependent students when they have knowledge of situations adversely affecting a student. Such situations include academic deficiency (warning, probation, dismissal) and those exceptions permitted under FERPA regarding alcohol and illegal drug policy violations. Accordingly, parents/guardians of dependent students should direct questions to the Office of Academic Life or Campus Life.
    Students must complete a form before attendance at the student’s first class, certifying whether the student is a dependent for federal tax purposes and if not a tax dependent, whether the student consents to the disclosure of personally identifiable information to their parents/guardians. The student is responsible for updating this form with the Registrar’s Office to reflect any changes in the student’s tax dependency or the student’s consent to the disclosure of personally identifiable information. The College has the right to rely on the student’s initial certification and/or consent to the disclosure of personally identifiable information unless the student has submitted an updated form to the Registrar’s Office.
  - to officials of another school or school system in which the student seeks or intends to enroll.
  - to appropriate parties in a health and safety emergency.
4. The right to elect to opt out of the release of a student’s directory information. The College may release directory information without the student’s written consent. Directory information includes the student’s name, address (home, campus, and email), telephone number (home and cell), dates of attendance, previous institutions(s) attended, class year, major field of study, enrollment status, awards and honors, (includes Dean’s List), degree(s) conferred (including dates), past and present participation in officially recognized sports and activities, height and weight of athletes, hometown and state, and photographs. Students may elect to opt out of the release of directory information—the relevant form is available at the Registrar’s Office.
5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
  Family Policy Compliance Office
  U.S. Department of Education
  400 Maryland Avenue, SW
  Washington, DC 20202-5901
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 seven years after their graduation date or withdrawal date except in cases 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 Office of Campus Life and provide a signed form indicating that permission is being given for records to be released. The Office of Campus Life 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 4/1/2010

McDaniel 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 Associate Dean of Students, or designee, will make the decision on whether a student is abusing amnesty and the student will be given written notice of such decision.

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 (including Resident Assistants, Area Coordinators, and Campus Safety officers) 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.
12. 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 is committed to its policy of providing an educational and employment environment that is free from any type of discrimination or harassment on basis of any protected status including race, religion, color, national origin, disability, age, sex, sexual orientation, pregnancy, military status, genetic information, marital status, gender identity, veteran’s status or any other legally protected status. Further, McDaniel College recognizes how important it is to have the ability to be addressed by the name that an individual prefers. Accordingly, the following procedures are intended to provide guidance to help individuals navigate college systems and make adjustments where possible.

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.