Student Conduct Process

Student Conduct Processes for Academic and Non-Academic Violations

Student Conduct Process

McDaniel College emphasizes the concept that the student conduct process in college has basic characteristics peculiar to itself and should be distinguished from law enforcement or legal judicial proceedings. Every attempt is made, however, consistent with educational goals, to provide procedural fairness to a respondent and to protect him/her from unfair imposition of serious penalties.

Complaints can be submitted in writing or in person to the Director of Academic and Student Affairs or the Director of Academic and Institutional Development. In consultation with the Coordinator of Campus Life, the directors review the complaint and conduct a preliminary investigation to determine the seriousness of the allegations. If the incident involves allegations of a serious nature possibly resulting in suspension or expulsion, an Honor and Conduct Board Hearing will be conducted to resolve the matter. The following summary of the most common processes used to address matters of student and student organization misconduct is offered so that the College community may become familiar with the process in general.

Administrative Conference Process

An administrative conference occurs when documented information is received about conduct that may not uphold the expectations set forth in the Code of Student Conduct. The administrative conference will be called by one of the following: the Director of Academic and Student Affairs, the Director of Academic and Institutional Development, or the Coordinator of Campus Life.

The following is a list of principles to ensure fairness in all administrative conferences.

1. The student will be informed, in sufficient time, that information has been received about their conduct and an administrative conference is being scheduled for them. Twenty-four hours is considered sufficient time.

2. Both respondents and complainants may choose to bring a support person of their choice to the conference. The support person must be a full time member of the College community (faculty, staff and/or student) who does not have formal legal training. Legal representation is not allowed in the administrative conference process. The role of the support person is to meet with the student to discuss the complaint prior to the conference. A support person may not speak on behalf of the student, ask or answer questions during the conference process.

3. A student will be given an opportunity to speak on their own behalf, present relevant information and request that witnesses who possess first-hand information about an incident speak with the administrator conducting the conference.

4. The student will be advised of the complaint made against them, of the name(s) of those who made it, and offered the opportunity to respond to the statement(s).

5. The student will be aware of all the documented information being reviewed and offered the opportunity to respond.

6. All information upon which the decision is based must be introduced at the conference.

7. Prior to the determination of sanctions, the total student conduct record of the student will be reviewed, including previously assigned sanctions, if any.

8. The decision of the conduct officer and sanction(s) imposed are final, subject only to the student’s ability to appeal to the Dean of the Faculty. All appeals must be submitted online by the student within three (3) business days of the decision, stating clearly the basis for the appeal. The sanction(s) may be suspended until the appeal is considered and the student is notified of the outcome. Appeals may be made on the following grounds only: Student Conduct Process was not administered appropriately; absence of sufficient information to support the findings; sanction(s) not appropriate based on the findings; or new information. Dissatisfaction with an outcome is not grounds for an appeal. The Dean of the Faculty will consider the written appeal; appeals may be dismissed by the appeals officers if not sought on proper grounds or the appeal criteria is not met. The purpose of an appeal is not to rehear the original complaint but to review the fairness of the process and decisions made by the original discipline officer. The appeals officer may, however, choose to consult with individuals involved in order to clarify ambiguities in the complaint. Decisions made by the Dean of the Faculty are final.

Honor and Conduct Board (Academic Violations)

In the case of a relatively minor violation of the Honor Code and when it is a student’s first offense, the faculty member may propose to the student that the alternative adjudication process be followed. In this case, the faculty member will meet with the student, present the evidence, and propose a sanction; the student and/or the faculty member may request that an academic director be present for this meeting. If the student accepts responsibility for the violation and agrees to the sanction, the matter will be considered concluded once the faculty member has consulted directly with Director of Academic and Student Affairs. If the student does not accept responsibility or agree to the sanction, the faculty member will send information about the alleged infraction to both directors and the case may be referred to the Honor and Conduct Board as described below. In cases of an alleged second infraction, the alternative adjudication process is not permitted and the case must be referred to the academic directors for review to determine whether a hearing is warranted.

Honor and Conduct Board

An Honor and Conduct Board resolves two types of complaints, those involving:

academic dishonesty matters and;

matters that could result in suspension or expulsion from the College because of the level of severity of the allegations and/or an individual student’s previously assigned sanctions.

I. Function of the Board

An Honor and Conduct Board will consider complaints of misconduct as specified in the Code of Student Conduct including complaints that a student has violated a policy which governs the academic program of the College, e.g. cheating, plagiarism. When an academic incident is reported, the board will follow the Honor System procedures. When a non-academic incident is reported, the board will follow the Conduct Procedures.

II. Composition of the Board

Besides the chair (the Director of Academic and Student Affairs) two faculty members and two students serve on the Honor and Conduct Board. Faculty members are chosen annually. Student members are selected by the academic directors and the Coordinator of Campus Life. Vacancies are filled for each instance of the assembly of a board. To qualify for membership, students must be in good academic standing and their conduct records must be free of Code of Student Conduct and academic Honor Code violations.

III. Honor System Procedures (Academic Violations)

Information about an alleged infraction is forwarded to the director of academic and student affairs who then refers the matter to the Honor and Conduct Board if the information warrants a hearing.

The Honor and Conduct Board consists of two faculty members, two student members, and an academic director who serves as the Hearing Board Chairperson.

Notification

When instances of academic dishonesty are discovered, the faculty member responsible for the course will inform the director of academic and student affairs with supporting detail. Examples of Honor Code violations are referred to in the Honor System section of this handbook and are incorporated into the procedures by this reference.

Investigation

The faculty member responsible for the course is expected to investigate thoroughly the alleged incident of academic dishonesty prior to the hearing. When the situation requires it, the academic directors will also investigate the incident and appoint others to aid the investigation if necessary. The investigative team will report to the Dean of the Faculty in a timely manner. When the investigation is complete, the Dean of the Faculty in consultation with the academic directors will determine if a hearing is required.

Hearing Procedures

The designated academic director shall appoint two students and two faculty members from the Honor and Conduct Board to serve as a hearing board. The designated academic director serves as the hearing board chairperson. The hearing should be convened within a reasonable period of time from the report of the alleged violation.

Students referred to the Board for disciplinary action must be informed in sufficient time of the hearing of the charges being brought against them and of the time and place set for the hearing. Forty-eight hours is considered sufficient time.

Students referred to the Board must appear at the time set by the Board. If students fail to appear, the hearing will happen in absentia.

Students referred to the Board and students making complaints of misconduct will have the right to a support person of their choice from the College community (faculty, staff, student body) who does not have formal legal training. Support persons may not participate in the hearing but are present to assist a student.

The Board Chair may require witnesses who have relevant information about an incident to appear and speak to the board. Failure to serve as a witness when required to do so will most likely result in a referral to the Student Conduct Process for failing to comply with a College official.

Formal rules of evidence will not be applicable to hearings, and any information which the board believes to be relevant to a fair determination of the charges specified in the hearing notice may be admitted. Prehearing procedural questions must be raised prior to the start of the hearing or be waived.

Potential witnesses for the respondent must submit a written statement to the Director of Academic Affairs regarding the incident no later than twenty-four hours prior to a hearing. Respondents should email the hearing board chair with the names of their potential witnesses within twenty-four hours of the hearing. The hearing board chair will determine if the written information submitted is relevant and if the witness can appear before the Board. It is the responsibility of the respondent to contact potential witnesses to submit a statement to the Director of Academic and Student Affairs and to arrange for those approved witnesses to attend the hearing.

Witnesses with information solely about an individual’s character are not permitted.

The chair of the Board may determine that the hearing can proceed if one board member is absent.

All students appearing before the Board (complainants, respondents, and witnesses) are expected to provide truthful information. Failure to give truthful information to the Board is a serious offense, and may lead to the offender being referred to the Student Conduct Process for dishonesty. All students appearing before the Board will be informed of this fact.

Normal sequence of events. (Not Required)
Charge(s) are presented in the presence of the respondent.
The respondent is asked to respond to the charge(s).
Documentation in support of the charge(s) is presented in the presence of the respondent.
Witnesses in support of the charge(s) appear in the presence of the respondent.
The respondent provides information about the charge(s) in question.
Documentation in support of the respondent is presented in the prescence of the respondent.
Witnesses in support of the respondent appear before the Board.
Determination if clarification of the information provided by the witnesses is required by the Board.
Re-examination of any witnesses, if required by the Board.
Deliberation (board members only).
Determination of the finding(s) based on the preponderance of evidence standard of proof.

In instances where deliberations result in a tied vote, the hearing chair, who ordinarily does not vote, shall vote to break the deadlock.

If a student is found responsible for violating the Code of Student Conduct, the student’s conduct record will be reviewed in order to determine the sanctions to be imposed.

Notification of the respondent of the decision(s) of the board and advisement of the appeal process. The findings and sanctions shall be confirmed in writing.

The role of the Board is to determine whether the allegations are true or not by a preponderance of the evidence, the extent of the involvement of the respondent, and to apply an appropriate sanction in the interests of the student’s development and the welfare of the total College community.

The Board may recess at any time a majority of the members so indicate.

All hearings will be recorded to aid the appeal process. Recordings of hearings remain confidential and are the property of McDaniel College.

The recorded hearing will be available for review by:

The respondent
Members of the Hearing Board
Members of the Appeals Board
Hearing Board Chairperson

The Board may, at its discretion, invite a resource person to the hearing. The resource person may respond to questions in the presence of the complainant and the respondent; however, the resource person may not be present during the deliberation.

Conduct of the Members of the Board

Members of the Board will excuse themselves from a particular hearing if they are unable to maintain impartiality. Any member who does excuse themself may not be present in any capacity other than that of witness, complainant, accused, or support person to the respondent.

No member will disclose to anyone other than the members of the Board the degree of harmony or unanimity of the Board or the opinions or votes of any members of the Board.

Board Members Not Readily Available

Board hearings are scheduled based on student and faculty availability which may be limited at times including but not limited to exam periods, summer sessions, or when classes are not in session. If an insufficient number of Board members are available, the Director of Academic and Student Affairs may appoint board members from among the students, faculty, and administrative staff of the College. Additionally, the hearing board chair or designee may determine that a hearing can proceed if one member is absent.

Penalties

For first violations of the honor code, the sanctions assigned range from a “zero” on the assignment to an “F” in the course. In some flagrant cases—or in cases of multiple violations—the sanction may be suspension from the College.

IV. Conduct Procedures (Non-Academic Violations)

Any situation involving student conduct that could result in suspension or expulsion from the College because of the severity of the allegations and/or an individual student’s previously assigned sanctions is referred to the Honor and Conduct Board. When the Dean of the Faculty in consultation with the academic directors determine that a possible sanction if found responsible would likely be suspension or expulsion, both directors will be present for the conduct. The Board will then consist of the two academic directors, two faculty members and two student members. The Director of Academic and Student Affairs serves as the Hearing Board Chairperson.

Hearing Procedures

Students referred to the Board must appear at the time set by the Board. If students fail to appear, the hearing will happen in absentia.

The Board Chair may require witnesses who have relevant about an incident to appear and speak to the board. Failure to serve as a witness when required to do so will most likely result in a referral to the Student Conduct Process for failing to comply with a College official.

Potential witnesses for the respondent must submit a written statement to the Dean of the Faculty regarding the incident no later than twenty-four hours prior to a hearing Respondents should email the hearing board chair with the names of their potential witnesses within twenty-four hours of the hearing. The hearing board chair will determine if the written information submitted is relevant and if the witness can appear before the Board. It is the responsibility of the respondent to contact potential witnesses to submit a statement to the Dean of the Faculty and to arrange for those approved witnesses to attend the hearing.

Witnesses with information solely about an individual’s character are not permitted.

The chair of the Board may determine that the hearing can proceed if one board member is absent.

Normal sequence of events. (Not Required)

Charge(s) are presented in the presence of the respondent.
The respondent is asked to respond to the charge(s).
Documentation in support of the complainant/charge(s) is presented in the presence of both parties.
Witnesses in support of the charge(s) appear in the presence of both parties.
The respondent provides information about the charge(s) in question.
Documentation in support of the respondent is presented in the prescence of both parties.
Witnesses in support of the respondent appear before the Board.
Determination if clarification of the information provided by the witnesses is required by the Board.
Re-examination of any witnesses, if required by the Board.
Deliberation (board members only).
Determination of the finding(s) based on the preponderance of evidence standard of proof.

In instances where deliberations result in a tied vote, the hearing chair, who ordinarily does not vote, shall vote to break the deadlock.

If a student is found responsible for violating the Code of Student Conduct, the student’s conduct record will be reviewed in order to determine the sanctions to be imposed.

Notification of the respondent of the decision(s) of the board and advisement of the appeal process. The findings and sanctions shall be confirmed in writing.

The Board may recess at any time a majority of the members so indicate.

All hearings will be recorded to aid the appeal process. Recordings of hearings remain confidential and are the property of McDaniel College.

The recorded hearing will be available for review by:

The respondent
Members of the Hearing Board
Members of the Appeals Board
Hearing Board Chairperson

V. Conduct of the Members of the Board

Members of the Board will excuse themselves from a particular hearing if they are unable to maintain impartiality. Any member who does excuse themselves may not be present in any capacity other than that of witness, complainant, accused, or support person to the respondent.

No member will disclose to anyone other than the members of the Board the degree of harmony or unanimity of the Board or the opinions or votes of any members of the Board.

VI. Members Not Readily Available

Board hearings are scheduled based on student and faculty availability which may be limited at times including, but not limited to, exam periods, summer sessions, or when classes are not in session. If an insufficient number of Board members are available, the Dean of Students or designee may appoint board members from among the students, faculty, and administrative staff of the College or resolve the matter using the Administrative Conference process. Additionally, the hearing board chair or designee may determine that a hearing can proceed if one member is absent.

Appeals Board

I. Function of the Board

The Appeals Board meets at the request of the Dean of the Faculty to consider an appeal of findings and/or sanctions imposed by the Honor and Conduct Board. Appeals must be submitted by the student online, stating clearly the basis for the appeal; appeals may be dismissed by the appeals board if not sought on proper grounds or the appeal criteria is not met. Dissatisfaction with an outcome is not grounds for an appeal.

II. Composition of the Board

In conduct matters, the Appeals Board consists of the Dean of the Faculty; a faculty member selected by the Dean of the Faculty; and a student selected by the Dean of the Faculty.

In academic matters, the Appeals Board consists of the Dean of the Faculty; a faculty member selected by the Dean of the Faculty; and a student selected by the Dean of the Faculty.

If a member of the Appeals Board cannot serve for a particular matter, their place will be filled by an alternate. Alternates will be present only when filling a vacancy.

The assigned sanction(s) may be suspended until the appeal is considered and the student is notified of the outcome

III. Officer of the Board

Convener: The Dean of Faculty will receive appeals and may convene the Board to consider them if appeal criteria is met.

IV. Conduct of the Members of the Board

Every member of the Appeals Board has the right to speak and vote freely. It is the responsibility of every member of the Board to vote.

A member of the Board will disqualify themself in a particular matter if they are unable to maintain impartiality. Any member who so disqualifies themselves will not be present.

No member will disclose to anyone the degree of harmony or unanimity of the Board nor the opinion or vote of an individual member.

V. Basis for an Appeal

A respondent can appeal a disciplinary decision if they believes that any or all of the following criteria for an appeal exist:

Student Conduct Process was not followed appropriately;

Absence of sufficient information to support the findings;
Sanction(s) not appropriate based on the findings.
New information.

VI. Procedures

The Appeals Board will consider the merits of a written appeal of an individual involved. The Board does not hear testimony from individuals as its purpose is not to provide a rehearing but is to review the fairness of the process and decisions made by the original board. The Appeal Board may review the information presented in the original hearing and/or listen to any recording of the original hearing together with a review of the student’s conduct record as a whole. The Board may, however, consult with individuals in order to clarify ambiguities in the case. The Chair of the Appeal Board (the Dean of the Faculty) may determine that an appeal can proceed if one member is absent.

The Appeals Board can reach one of the following decisions:

Uphold the original finding and/or sanction

Reverse a decision because:

Student Conduct Process not adhered to appropriately
Absence of sufficient information to support the finding
Mitigate a sanction because the sanction is not appropriate based on the finding(s)
Return the matter to the Honor and Conduct Board for a rehearing because:
Student Conduct Process not adhered to appropriately

VI. Appeals Notification

The Appeals Board will report the outcome in writing to the respondent in a timely manner.

VII. Members Unavailable

During summer school, holiday periods, January Term, or when members of the board are not available, the Dean of the Faculty may appoint an appropriate board from the faculty, student, or administrative staff of the College.

Administrative Decisions

The Dean of the Faculty or designee may temporarily suspend, withdraw, and/or modify privileges of, without notice or hearing, a student for so long as may be necessary to investigate a matter and/or conduct a hearing or complete an individualized risk assessment when in the Dean’s judgment the safety of the campus community may be impaired, or property may be damaged.

The Dean of the Faculty or designee may withdraw and/or modify privileges of or suspend the operations of any campus organization for so long as may be necessary to investigate a matter and/or conduct a hearing, complete an informal resolution process, ensure a student’s own physical or emotional safety and well-being, or address potential for ongoing disruption of, or interference with, the normal operations of the College.

Special Board

In exceptional cases bearing upon the College community as a whole and for the protection of the student’s privacy, the Dean of the Faculty may appoint a Special Board of people chosen from the faculty, students, and/or staff of the College. Prior to the hearing, the respondent may challenge one member of the board without cause. A challenge will be presented in writing to the Dean of Faculty at least 24 hours prior to the scheduled time of the hearing.

VIII. Special Procedures for Addressing Charges of Sexual and Gender-Based Misconduct Adjudicated by the Honor and Conduct Board

For more information on the College policy concerning Sexual and Gender-Based misconduct, please see our main campus website.

IX. Sanctions Appropriate to Instances of Student Misconduct

A sanction need not be imposed in every case of student misconduct. Sanctions will be commensurate with the severity of the violation but with due regard to the needs of the individual concerned and the welfare of the total student body. A student may not avoid sanctions by withdrawing from a course or the College.

Minimum Sanctions for Serious Misconduct

Some behaviors are considered so contemptuous that the McDaniel College community has determined certain minimum sanctions should be applied in such instances:

A minimum sanction of expulsion or suspension for the current semester and one additional semester will be applied for the following offenses:

Possession or use of a firearm.

A minimum sanction of suspension for the current semester and one additional semester will be applied for the following offenses:

Possession or use of a weapon, or weapon facsimile on campus.
Physical abuse including but not limited to racist conduct.

Other Sanctions for Student Misconduct

Sanctions for student misconduct may be imposed by any duly authorized agent of the McDaniel College community. At present, the agents are the Dean of the Faculty and the academic directors. Following are some examples of sanctions that may be imposed for student misconduct:

Disciplinary Warning—Written notification from a College official that further misconduct will not be tolerated and may result in more severe disciplinary action, including the likelihood of Disciplinary Probation.

Restitution— Reimbursement for damage to or misappropriation of property may be required. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.

Educational Project —Projects assigned for the educational benefit of the student, the organization and/or the College community. Examples include participation in workshops or seminars, conducting research, writing papers, planning programs, etc.

Disciplinary Probation—A trial period during which a student has an opportunity to prove that they can be a responsible and effective member of the College community. The student will be subject to more severe sanctions such as suspension from the College for a violation of any College regulations while on disciplinary probation.

Academic Penalty (Grade of an “F”) —Assigning a grade of an “F” in a specific course. A Board may apply any sanction(s) as outlined in this section if appropriate to the offense.

Academic Penalty (Grade of a “zero”) – Assigning a grade of a “zero” for a specific assignment.

Academic Penalty (Lowering of the Final Grade) – Based on the final letter grade, lowering that grade by a specified grade value, i.e. a whole letter grade, a half letter grade, etc.

Withholding of Degree—In cases involving seniors, the College may withhold a student’s McDaniel College degree for a specified period of time.

Administrative No Contact Directive – Restricting individual(s) from making contact with another individual(s) while on College property or at College-sponsored activities.

Restriction—

For the individual, exclusion from participation in specified activities and/or privileges of the College and maintenance of exemplary conduct for a specified period of time as set forth in the notice of restriction. No refunds on College payments will be made to students placed on restriction.

For the organization, exclusion from specified activities sponsored by the organization or the College and maintenance of exemplary conduct for a specified period of time as set forth in the notice of restriction. Restriction may include loss of use of any facilities provided by the College for a specified period of time.

Campus Suspension—Excludes a student from campus activities except to attend classes. The student may not be on campus for any reason during the stated period of suspension and is disallowed from participating in all activities sponsored by the College or an organization affiliated with the College, whether on or off campus.

Suspension—

For the individual, exclusion from classes and other privileges or activities of the College for a definite period of time. Students under suspension are not permitted on College property nor allowed to participate in any College-sponsored activity. Suspension extending beyond the semester in which action is taken shall consist of units of full semester or summer sessions. No refunds of College payments will be made to students placed on suspension. Students who are suspended are responsible for fulfilling all student account costs.

Deferred suspension is utilized typically near the end of a semester to avoid the academic and/or financial penalty that an immediate suspension would entail. If a student is involved in any further offense while on deferred suspension, summary suspension will be made by the Dean of the Faculty.

Required Withdrawal—

For the individual, termination of student status with the privilege of applying for readmission. Any conditions for readmission shall be in the notice of required withdrawal. No refunds on College payments will be made to students required to withdraw. Students required to withdraw are not permitted on College property or allowed to participate in any College-sponsored activity.

Expulsion—

For the individual, permanent termination of student status. Students who are expelled are not permitted on College property or allowed to participate in any College sponsored activity. No refunds of College payments will be made to students placed on expulsion. Students who are expelled are responsible for fulfilling all student account costs.