Code of Student Conduct final

Table of Contents INTRODUCTION......................................................................................................................................... 2 UMES Code of Student Values ...................................................................................................................... 2 Interpersonal Values Statement ................................................................................................................... 3 Conduct Philosophy ...................................................................................................................................... 4 Jurisdiction .................................................................................................................................................... 5 University Conduct Authority ....................................................................................................................... 6 Confidentiality ............................................................................................................................................... 7 Complainant and Victim Rights ................................................................................................................... 11 Rights of the Accused.................................................................................................................................. 12 Summer School ........................................................................................................................................... 14 Amendments and Code Review .................................................................................................................. 14 DEFINITIONS ............................................................................................................................................ 15 PROHIBITED CONDUCT ......................................................................................................................... 24 EDUCATIONAL SANCTIONS ................................................................................................................. 71 Types of Educational Sanctions............................................................................................................... 71 APPENDIX A: ACADEMIC INTEGRITY, DISORDERLY CONDUCT & DISRUPTIVE BEHAVIOR IN THE CLASSROOM ................................................................................................................................................ 81 APPENDIX B: APPEALS ............................................................................................................................. 85 APPENDIX C: CONDUCT BOARD .............................................................................................................. 91 APPENDIX D: CODE OF STUDENT CONDUCT PROCESS............................................................................ 94 APPENDIX E: DUE PROCESS ..................................................................................................................... 96 APPENDIX F: EVENT-RELATED MISCONDUCT .......................................................................................... 98 APPENDIX G: MEDIATION & ALTERNATIVE RESOLUTION PROCESS (ARP) ............................................ 100 APPENDIX H: OFF CAMPUS VIOLATIONS FAQs ..................................................................................... 104 APPENDIX I: TOWN OF PRINCESS ANNE’S NEIGHBORHOOD NUISANCES AND UNRULY SOCIAL EVENTS ORDINANCE............................................................................................................................................... 106 APPENDIX J: RESPONSIBLE HAWK PROTOCOL ...................................................................................... 109

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INTRODUCTION The University of Maryland Eastern Shore (UMES) is dedicated to fostering a vibrant learning environment guided by its core values to effectively pursue our educational objective, promote and maintain exemplary standards of behavior and academic excellence. The University has established a comprehensive framework outlining expectations for personal conduct within our community. By upholding these standards rigorously, we safeguard the welfare of our campus community and actively contribute to the holistic growth and development of our students.

This Code delineates UMES’ procedures, policies, and the rights and obligations of students during their enrollment at UMES. Our student conduct procedures are distinct from the enforcement of criminal or civil laws and are not intended to supplant civil authority (such as law enforcement agencies or the court system). However, should a student's behavior or actions necessitate involvement from civil authorities, we will promptly notify the appropriate agencies.

The Code of Student Conduct provides students with a general overview of prohibited behavior.

It is meant to be interpreted broadly and is not intended to exhaustively define all forms of misconduct. Each student is obligated to familiarize themselves with the Code of Student Conduct. It is presumed that every student is aware of the Code and consents to adhere to its regulations upon enrollment. Lack of awareness of the Code or its provisions will not serve as a defense in any conduct proceeding. The Code can be found by going to the UMES website; hard copies will be available in the Office of Student Conduct and Community Standards office.

The guidelines specified in this Code of Student Conduct do not apply to procedures or protocols related to violations of UMES policies regarding sexual harassment or other forms of sexual misconduct. These matters are governed by Policy and Procedures on Sexual Harassment, Other Forms of Sexual Misconduct, and Gender-based Discrimination. The Office of Institutional Equity and Compliance investigates allegations of discrimination or sexual harassment.

UMES Code of Student Values The University of Maryland Eastern Shore (UMES) is built upon core foundational values that guide its mission. The Code of Student Values sets the standards of conduct for students within our academic community. All UMES students are expected to recognize, uphold, and adhere to these values as their behavioral standards. These values include: • • • •

• • • •

Honor Spirituality Freedom Leadership 2

Personal and academic integrity Justice Diversity Civility

• •

• •

Courtesy Mutual respect for personal and property rights of others

Fairness Loyalty to the University

Interpersonal Values Statement As a member of UMES, I am committed to upholding integrity, high moral standards, and promoting good citizenship. I recognize that I represent UMES both on and off campus and will adhere to the Code of Student Conduct and Interpersonal Values, encouraging my fellow Hawks to do the same with Hawk Pride!

I will …

1. Respect the legacy and the history of UMES, 2. Respect and show appreciation towards the University faculty, administration, staff, and other students, 3. Work for the greater good of UMES and the surrounding community, 4. Work with a commitment to excellence, 5. Trust and be trustworthy; maintain a strong sense of academic integrity and be openminded, 6. Not engage in any physical altercations or verbal abuse with any persons, on or off campus, 7. Not talk or act inappropriately during the singing/playing of the Alma Mater or the National Anthem, 8. Not consume, possess or traffic illegal drugs, alcohol, or any other illegal substance, and will never possess a weapon, understanding that a violation warrants Suspension, 9. Practice civility, care, and encourage others to do the right thing, 10. Dress in appropriate attire always, removing my head attire when entering a room/building, unless worn for religious reasons, and 11. View change as a challenge and not a barrier.

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Conduct Philosophy The University of Maryland Eastern Shore (UMES) is a scholarly community where students are expected to take responsibility for their conduct. While persons at UMES enjoy fundamental rights, they also assume specific obligations as members of our community. UMES embraces the principles of free expression and values the diversity of ideas.

The members of the UMES community, including students, faculty, administrators, and staff, have united in a voluntary association with the purpose of not only fulfilling individual obligations but also actively contributing to the achievement of the University's goals and mission. Therefore, to preserve order and foster a climate of student autonomy within the University community, the University follows a conduct philosophy based on the preponderance of evidence standard.

Preponderance of evidence refers to the standard of proof that applies to student conduct proceedings or determinations. It is used to determine if a Respondent is responsible or not responsible for a violation of student policy based on the information available at the time the decision is made.

The University of Maryland Eastern Shore (UMES) has implemented rules and regulations to manage student conduct both on and off campus. The University’s conduct process is designed to achieve several key objectives, including: 1. Holding students accountable for behavior that deviates from accepted standards, 2. Addressing students’ behavior and ensuring adherence to established standards, 3. Cultivating a welcoming and inclusive campus environment for all members of the community, 4. Enforcing University policies and procedures consistently and fairly, 5. Handling student-related issues such as conflicts between students and faculty or among students, 6. Addressing any behavior that is deemed abusive, disruptive, threatening, or discriminatory, and

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7. Guaranteeing due process through the prompt and constructive resolution of cases and disputes.

The process aims to address unacceptable conduct in a manner that educates and guides students toward a heightened sense of personal responsibility and fosters the development of mature and ethical behavior.

Conduct proceedings at the University of Maryland Eastern Shore (UMES) are distinct from criminal proceedings. Therefore, the primary focus of inquiry in conduct proceedings is to ascertain whether a student has breached the UMES Code of Student Conduct.

Jurisdiction UMES reserves the right to take necessary actions to ensure the safety and welfare of its students, faculty, staff, and property. The University’s jurisdiction over the Code of Student Conduct applies to all enrolled students, whether part-time, full-time, undergraduate, graduate, or professional.

The jurisdiction of this Code applies to behavior(s): 1. Occurring on any University-owned, -rented, or -leased premises and/or Universitysponsored facility, 2. Occurring in connection with any University-sponsored, -recognized, or -approved program, event, visit, or activity, 3. Occurring on streets within or adjacent to the campus, 4. Occurring in off campus facilities associated with UMES-recognized organizations, 5. That adversely affects the University’s pursuit of its mission, goals, or policies, and 6. That otherwise threatens the health or safety of any member of the University community.

Off campus conduct, as it relates to a Code of Student Conduct, generally refers to actions taken by students outside of the physical boundaries of the University campus that can still be subject to the conduct review process. This typically includes conduct that affects the University community, the pursuit of its educational mission, or creates a hostile environment for students.

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Furthermore, the University maintains jurisdiction over the conduct of students who opt for a leave of absence, withdraw from enrollment, or have graduated, in cases where misconduct occurred prior to their leave, withdrawal, or graduation. Even if not currently enrolled, persons remain accountable to the conduct process for any misconduct during prior enrollment periods, including incidents between consecutive semesters, terms, or summer/winter sessions, as well as for actions taken before initial enrollment, including statements, acts, or omissions related to the enrollment application.

Should educational sanctions be imposed, a hold may be placed on the student's ability to reenroll or graduate, and all educational sanctions must be fulfilled before re-enrollment eligibility is granted. In instances of serious misconduct reported after a student's graduation, the University may initiate conduct procedures. If found responsible, the University reserves the right to revoke the student's degree.

Students are accountable to both civil and criminal authorities, as well as to the University, for actions that violate local, state, and federal laws, as well as the Code of Student Conduct and University regulations. Violating the Code of Student Conduct may lead to both criminal or civil charges and University educational sanctions. Unless otherwise specified by law, University conduct proceedings may take place concurrently with or after criminal and/or civil proceedings.

Conduct decisions, including findings of responsibility and educational sanctions, will not be altered based on the outcomes of criminal or civil cases. Students may face educational sanctions, up to and including Expulsion, for violations of the Code of Student Conduct.

Deadlines outlined in this Code may be extended for good cause, including but not limited to unforeseen emergencies or other circumstances beyond the University's control.

University Conduct Authority The Vice President for Enrollment Management and Student Experience (EMSE), or their designee, is responsible to the President of the University of Maryland Eastern Shore (UMES) for supervising, administering, and operating all University policies related to student conduct. The Vice President for EMSE grants authority to the Office of Student Conduct and Community Standards (OSCCS) to receive complaints on student conduct, direct such investigations as deemed appropriate, and determine the disposition of cases within the University’s jurisdiction.

Any student, student group, or student organization found to have committed any violations of the following policies are subject to the educational sanctions articulated within this document.

Additional sanctions may be issued based on the discretion of the Director of OSCCS, or designee.

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The Director of OSCCS is responsible for administering the conduct process for students. Under the guidance of the Director, this office oversees all conduct procedures. The Director holds the authority to assign duties to other Student Conduct Administrators (SCAs) or any other individual, board or body deemed necessary for handling student conduct issues. Within OSCCS, staff members conduct investigations and oversee the adjudication of reported incidents involving student misconduct and threat assessment.

Furthermore, OSCCS is tasked with enforcing the Code of Student Conduct and fostering a culture of ethical behavior within the campus community. Educational initiatives aimed at promoting awareness of community standards are also part of the office's responsibilities.

The Student Conduct Administrators (SCAs), through authority from the Director, are authorized to hear cases, conduct investigations, and recommend educational sanctions upon students who admit to violations of, or are found to have violated, the Code.

For investigative purposes, the SCA is granted entry to all University offices and permission to access relevant records as permitted by law, which includes records stored in the University conduct database. Additionally, the SCA is empowered to summon witnesses, including any member of the University community, such as students, faculty, and staff. Similarly, the SCA retains the authority to impose educational sanctions on a student found responsible for a Code violation in a particular case, in accordance with the University's policies and the directives of the Board of Visitors.

Confidentiality All proceedings of the University’s student conduct review process are confidential and classified as disciplinary/conduct records. In accordance with the Family Educational Rights and Privacy Act (FERPA), the University’s Disclosure of Student Records Procedure states that students’ judicial and disciplinary/conduct records are education records.

The Student Right-to-Know and Campus Security Act modified FERPA to allow institutions to inform victims of the outcome of student judicial proceedings regarding an alleged crime of violence as defined by the U.S. Code. Although all judicial proceedings are considered confidential, FERPA permits and, in some cases, requires the disclosure of these records, with and without notice to the student. Some of the exceptional circumstances recognized in FERPA include, but are not limited to, release to University personnel with a legitimate educational interest, release in response to a subpoena, release to parents of income tax dependent students, and permissible disclosure to parents or legal guardians of a student who is less than 21 years of

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age and is responsible for violating campus rules governing the use or possession of alcohol or a controlled substance.

If a student is responsible for violating University rules or policies related to an allegation that the student perpetrated a crime of violence or a non-forcible sex offense, the University may release conduct records of that student relating to that violation.

Student Rights and Responsibilities Each student is responsible for adhering to the conduct and standards prescribed by the University through the Code of Student Conduct and those laws established by local, state, and federal authorities.

Student Rights Although all students have the following enumerated rights, these rights shall not be construed to deny or disparage rights retained by other students in their capacity as members of the student body or as citizens of the community at large.

Students have the right to: •

Free inquiry, expression, and assembly, except as expressly limited by University policies, including the Code of Student Conduct,

•

Be free from harassment or discrimination based on sex, race, color, national origin, religion, ancestry, sexual orientation, disability, age, veteran status, gender identity, marital or parental status,

•

Be secure in their persons and living quarters and to not be subjected to unreasonable searches and seizures,

•

Be exempt from the conduct review process that affects their status as students, except for academic failure or violation of a published Code of Student Conduct standard,

•

Not have educational sanctions resulting from a violation of rules and regulations imposed upon them without notice of the nature, cause of the charges, and a fair hearing, which shall include factual evidence submitted by material witnesses,

•

Use an advisor (including an attorney) of their choosing and, at their expense, to provide advice and counsel, 8

•

Be provided with a written response reporting the results of the Pre-Hearing Conference and/or formal Conduct Hearing proceedings,

•

Waive for the right to a Hearing when they choose to admit responsibility for misconduct and accept educational sanctions from the University. The right to a Hearing also extends to student organizations or campus organizations. Organizations may also waive their rights to a Hearing,

•

An appeal, through established procedures, of educational sanctions administered by the University, except when admitting responsibility, and a minimum sanction is rendered, and

•

Privacy of personal information and the right to review their conduct and academic records in accordance with state and federal laws.

Student Responsibilities By applying or enrolling at the University of Maryland Eastern Shore, students recognize that they have responsibilities to themselves, their fellow students, their campus community, and society at large.

All students accept these responsibilities that include, but are not limited, to: • •

Reading, becoming acquainted with, and adhering to the Code of Student Conduct, Safeguarding and promoting the intellectual, academic, research, cultural, and social missions of the University,

•

Upholding respect for the personal and property rights of others and consistently acting responsibly both on and off campus,

•

Respecting the freedom of individual thought and expression consistent with the rights of others and commitment to the well-being of society as a whole,

•

Contributing to a climate of academic integrity, rational, critical, and creative inquiry,

•

Obeying all duly established University of Maryland Eastern Shore and local, state, and federal policies, regulations, and laws,

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•

Refraining from actions that deny other members of the University community their rights as described herein,

•

Refraining from acts of violence, intimidation, or degradation toward any person,

•

Cooperating with University administrators, faculty, staff and contracted personnel in the performance of their authorized duties,

•

Giving and maintaining accurate and complete information for all official records required by the University,

•

Meeting all financial obligations to the University,

• •

Always carrying personal picture identification while on University property or at University functions and providing identification to University officials when requested, Attending all conduct proceedings when issued a notice to do so, and

•

Maintaining the highest ethical standards in academic and personal behavior.

Student Organization Rights and Responsibilities Fraternities, sororities, registered student organizations, and other groups are governed by the policies set by the entities that register, accept, or charter them. To be recognized by the University, these groups and their members must comply with the Code of Student Conduct and conduct their activities in alignment with the goals, values, and policies of the University of Maryland Eastern Shore (UMES).

The life of an organization is reflected in its membership, acting collectively and/or individually in fostering the goals, purposes, activities, and identity of the group. Members have responsibilities to their organization to conduct their personal behavior in a manner that does not negatively reflect on the organization, particularly in matters related to the functions and activities of the organization.

The organization is expected to educate its members in the appropriate and legitimate ways in which the individual member is to foster the group’s existence at the University and to take action when the individual fails to adhere to the University and organization’s standards.

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Consequently, an organization may be held responsible for a member’s behavior when it is demonstrably related to the organization’s life and draws attention to the organization rather than to the member as an individual student.

Such behavior includes, but is not limited to, actions of the organization’s officers, discussions, and announcements at organization meetings or via organizational social media/email list serves, or when it has been alleged or determined the member was engaged in active promotion.

In such instances, alleged violations may be brought against the organization as a whole and the student organization President, or equivalent thereof, shall serve as the organization’s representative in a Hearing.

The Code of Student Conduct supersedes all regulations, other student organization manuals or handbooks, and/or decisions made by student groups and organizations and their affiliates.

Academic Responsibilities Students' responsibilities for academic achievement are outlined in the University Catalog.

Grievances related to these responsibilities are addressed through academic procedures, not through conduct proceedings. Issues such as grade disputes, plagiarism, cheating, or other academic concerns are also resolved through academic channels, as detailed in the University Catalog and academic departments.

Financial Responsibilities Disputes regarding amounts owed by students to the University for tuition, room and board, financial aid, or other charges fall outside the scope of the Code of Student Conduct. Such disputes are resolved through administrative channels and, if necessary, legal processes. Contact Student Accounts for more information.

Employment Responsibilities Disputes or issues related to a student's employment with the University are typically managed by the University’s Department of Human Resources or the Office of Institutional Equity and Compliance.

Complainant and Victim Rights Students who are the victims of violations of the Code shall be provided with rights in the conduct process. Typically, the victim’s input shall be sought during the conduct process; however, the right and responsibility for disposition of any individual complaint is reserved by the University.

If a victim withdraws their complaint or refuses to offer statements during a conduct proceeding, 11

the University reserves the right to proceed with a disposition of the allegations consistent with this Code at its discretion.

1. The victim shall be advised in writing of the time and place of the Conduct Hearing at least three (3) business days in advance.

2. The victim shall be given an opportunity to submit a written account of the alleged incident.

3. The victim shall have the right to be accompanied at all stages of the conduct process by an advisor (advocate or counsel) as outlined in the Code, whose participation shall be limited to advising the victim. The advisor (advocate or counsel) may not conduct direct or cross-examination, make opening or closing statements, or engage in testimony.

4. The victim shall have the right to review all materials prior to the Hearing.

5. The victim shall have the right to a timely Hearing.

6. The victim may be present during the entire Hearing and participate as a witness during the Hearing.

7. The victim shall have the right to question witnesses and/or evidence.

8. In the event the case involves a sexual violation, the victim has the right to have their sexual history kept private.

9. The victim may reserve the right to decline to participate during a Conduct Hearing, with the knowledge that such action could potentially result in dismissal of allegations of University Code violations for lack of evidence.

10. The victim shall be notified of the outcome of the Conduct Hearing process unless the victim requests not to be notified of such. The notification will include the finding of responsibility and any resulting educational sanctions.

Rights of the Accused 1. The accused (charged) shall have the right to be present at the Hearing and hear all testimony presented. If an accused student who has been properly notified fails to appear

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at the scheduled date, time, and place for the Hearing, the Conduct Board may proceed with the case and make its recommendations in the student’s absence.

2. Prior to the Hearing, the accused shall be provided with the names of witnesses to whom the Student Conduct Administrator (SCA) has asked to appear at the Hearing.

3. The accused shall be afforded an opportunity to question witnesses in accordance with the rules.

4. The accused shall have the right to review all materials prior to the Hearing.

5. The accused shall be afforded an opportunity to present evidence in accordance with the rules.

6. The accused may remain silent or testify during the formal Hearing (silence will not be used against the accused in any way).

7. The accused will be advised that a written or taped (at the discretion of the SCA) record of the Hearing is being maintained.

8. The accused has the right to know that the Hearing is closed.

9. The accused shall be afforded an opportunity to plead responsible (guilty) or not responsible (not guilty) to the charges.

10. The accused shall have the right to consult with counsel of choice (including an attorney who may advise but not speak at the Hearing); the counsel’s participation shall be limited to advising the accused. Counsel may not conduct direct or cross-examination, make opening or closing statements, or engage in testimony.

11. The accused shall have the right to appeal against a sanction(s) rendered by the Conduct Board or the Student Conduct Administrator (SCA) under the provisions for filing appeals.

NOTE: Students who enter a plea of responsible (guilty) or waive their right to a Hearing forfeit their right to appeal against the decision/sanction or outcome of their Hearing.

12. The accused will be advised that a decision by the Conduct Board will be based solely on the preponderance of the evidence standard presented during the Conduct Hearing.

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Summer School The University's conduct process during summer school sessions operates in the same manner as it does during the regular academic year. Interim Conduct Board members may be appointed to oversee summer Hearings. The authority of the summer school Conduct Board begins with the start of the summer session. Faculty representatives will be selected from the summer school faculty. Appeals will follow the same procedures as those established for the regular school year.

Amendments and Code Review Members of the University of Maryland Eastern Shore community may propose changes and submit amendments to the Code of Student Conduct at any time. The Code of Student Conduct and amendments shall be reviewed bi-annually by the Vice President for Enrollment Management and Student Experience (EMSE), University shared governance groups, the Conduct Board, General Counsel, and other designees, as appropriate.

The University of Maryland Eastern Shore (UMES) expressly reserves the right to revise, supplement or withdraw any policy or portion of a policy as it deems necessary. Any policy or statement in conflict will be interpreted by the Director of the Office of Student Conduct and Community Standards (OSCCS) and Vice President for EMSE, in consultation with appropriate University and/or legal representatives.

Any questions regarding the interpretation of the Code of Student Conduct should be directed to OSCCS. Furthermore, the University reserves the right to amend the Code of Student Conduct at its discretion.

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DEFINITIONS When used in the context of this Code, the terms below mean the following: Accused Student or Charged Student means any student who has been charged with a violation of the Code of Student Conduct. See also Respondent.

Administrative Hearing is an informal meeting conducted by a Student Conduct Administrator or a designee to resolve alleged violations of the Code of Student Conduct. This type of Hearing is held when educational sanctions do not merit Suspension or Expulsion.

Advisor means a person (one single person) who accompanies a Respondent or Complainant to provide support, advice, or guidance during student conduct proceedings.

Alternative Resolution Process (ARP) refers to an activity that may be used instead of, before, or after the student's conduct process. The aim of alternative resolutions is to allow both the Harmed Party and Harming Party to express the harm caused and collaboratively establish agreements for repairing that harm. This process also enables the Harmed Party to participate in the conduct process, which typically does not involve them beyond gathering facts. In some cases, a participant may have caused harm and also been harmed, thus assuming roles as both a Harmed Party and a Harming Party. Both parties MUST agree to engaging in this process.

Appeal refers to the formal process by which a person challenges or disputes a decision made regarding their behavior or actions. In order for an appeal to be granted and/or for the outcome to be amended, one or more of the following grounds for appeal must be met: 1) new evidence, 2) due process, and 3) inappropriateness of educational sanctions (see Appendix B for additional details).

Behavioral Assessment Team or CARE Team refers to a group of administrators and professional staff who address disruptive and/or psychological stress and/or disturbances experienced by students. This team serves as a central network focused on preventive and timely crisis intervention.

Burden of Proof refers to the obligation of a party in a dispute to prove the assertions or claims they are making. It defines which party must provide evidence to establish the facts necessary to prevail in a case. That standard is a preponderance of the evidence (defined below).

Business Day(s) refers to the following five days of the week: Monday, Tuesday, Wednesday, Thursday, and Friday (holidays and University closures are excluded).

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Campus Restriction involves the limitation of a student or student organization from participating in an event, activity, specific building, area of campus, or the entire campus for a predetermined duration. The conditions of the restriction may vary depending on the seriousness of the offense. These conditions may include but are not limited to being eligible to receive any University award or honorary recognition, or to be initiated into any local or national organization. Additionally, the restriction may entail the denial of the privilege to hold leadership positions or assume responsibilities within University student organizations, publications, or activities. It may also result in the inability to represent the University in any official capacity or position.

Charged Student or Accused Student means any student who has been charged with a violation of the Code of Student Conduct. See also Respondent.

Code refers to the University of Maryland Eastern Shore’s Code of Student Conduct.

Complainant means a person who has referred a student, student group, student organization, or incident to the Office of Student Conduct and Community Standards based on an alleged violation of this Code.

Conduct Board means a combination of trained faculty and staff who serve as conduct administrators during official student conduct proceedings when the educational sanction may result in a Respondent’s Suspension or Expulsion from the University.

Conduct Hearing is a formal meeting where a student or student organization is investigated for alleged violations of the Code of Student Conduct. The Hearing involves a Conduct Board of faculty, staff, or students who review the evidence and determine if the student is responsible or not responsible for the alleged offense. The Hearing can result in various educational sanctions, depending on the findings.

Conduct Investigator refers to any University official appointed by the Vice President for Enrollment Management and Student Experience or the Director of the Office of Student Conduct and Community Standards to investigate violations of the Code of Student Conduct and to participate, as necessary, in conduct proceedings.

Conduct Process refers to matters of student discipline submitted to the University by any party and adjudicated under the Code of Student Conduct, as well as applicable local, state, and/or federal laws.

Conduct Registration Block refers to a notation on a student’s academic record that restricts their ability to register, receive a diploma, or enroll in classes for future semesters due to 16

violations of the Code. This block will remain active until the student has successfully fulfilled their educational sanction(s).

Constructive Possession means being near drugs/items which can lead to conduct charges being filed or an arrest for everyone close enough to the drugs/items for police to conclude that the drugs/items could have been in their possession.

Deferred Suspension is a conduct action where a student is notified that they will face Suspension from the institution if they do not meet specific conditions or avoid further misconduct over a designated period. Essentially, it serves as a warning that Suspension is imminent unless the student demonstrates improved behavior.

Disciplinary Probation signifies that a student is under formal (written) notice and is required to adhere to specific rules and regulations for a designated period. During disciplinary probation, students must refrain from any conduct infractions. Any violation of University regulations during this period may result in more severe educational sanctions, such as Suspension or Expulsion.

The conditions of disciplinary probation can vary depending on the seriousness of the offense.

This may entail restrictions, such as being ineligible for University awards, honorary recognition, or membership in local or national organizations. Moreover, students on disciplinary probation may be prohibited from holding leadership positions or assuming responsibilities within University student organizations, publications, or activities. They may also lose the privilege of representing the University in any official capacity.

Disciplinary Reprimand refers to a formal statement issued to a student in response to a violation of rules, policies, or codes of conduct. It is a step above a warning and serves as an official notification that the student's behavior was unacceptable and requires correction.

Disciplinary Warning refers to a formal notice issued to a student indicating that they have violated specific rules, policies, or codes of conduct. It serves as a caution that further violations may result in more severe educational sanctions.

Distribution refers to giving, selling, or exchanging.

Drug Manufacture refers to the process of producing drugs, typically in large quantities, for medical, pharmaceutical, or recreational use. This can involve the synthesis of chemical compounds, extraction of natural substances, or the formulation of various dosage forms, such as tablets, capsules, liquids, or injectables.

Drug Possession refers to the unlawful act of having controlled substances or illegal drugs in one’s personal possession.

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Drug Trafficking refers to the illegal trade or distribution of controlled substances, including illegal drugs and other regulated substances. It involves the production, transportation, sale, and distribution of these drugs in violation of laws governing their use and possession.

Drug Use refers to the consumption or application of controlled substances or illegal drugs that alter physical or mental functions.

EMSE refers to the Division of Enrollment Management and Student Experience.

Evidence refers to any type of information, material, or testimony presented in the conduct process to help come to a resolution related to the allegation at hand. It allows decision-maker(s) to make informed judgments about the facts of the case.

Expulsion is the permanent separation of a student from the University, rendering the student ineligible for readmission or reinstatement, and permanently barring them from University property and all University-sponsored or sanctioned events.

Guest(s) refers to any person who is not a University of Maryland Eastern Shore (UMES) student or UMES employee and who is on University property to visit a student or UMES employee.

Harmed Party means, for purposes of an Alternative Resolution Process, a person who has experienced harm by another community member.

Harming Party means, for purposes of Alternative Resolution Process, a person who has caused harm to another member of the community, regardless of that community members’ affiliation with UMES. Health refers to physical, emotional, and mental well-being.

Intent to Distribute refers to the legal concept concerning the intention of a person to sell, distribute, or otherwise transfer controlled substances or illegal drugs to others.

Interim Suspension denotes the immediate and temporary separation of a student from the University, typically until a Conduct Hearing can be convened, or an investigation concluded.

During this period, a student who is on Interim Suspension is required to vacate University housing, cease attending classes in person, and abstain from participating in Universitysponsored activities or events. They are also prohibited from using University dining facilities or being present on campus without written permission from the Vice President of Enrollment Management and Student Experience (EMSE), the Student Conduct Administrator, or their designee. Unless and until a student who is on Interim Suspension is found to have violated the Code of Student Conduct, their status as a student at the University remains unchanged.

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Investigation denotes thoroughly examining a complaint to gather information regarding its details and surrounding circumstances. Investigations can lead to various outcomes, including the initiation of conduct, criminal, or civil charges, the pursuit of alternative resolution process methods, or the dismissal of the complaint. The decision regarding the outcome rests solely with the Vice President for EMSE, the Student Conduct Administrators, or their designee.

Members of the University Community include persons who are students, faculty members, staff members, University officials, or any other persons employed by the University.

No Contact or No Contact Order signifies a directive prohibiting a student(s) from initiating any form of communication with another student(s). This includes but is not limited to verbal comments, gestures, and written communication via postal mail, email, telephone, social networking platforms, text messaging, or any other method of electronic or direct communication. Additionally, the order extends to preventing others, such as friends, acquaintances, or family members from acting on the person's behalf to initiate contact. Any breach of this directive could be construed as a violation of the Code of Student Conduct and may result in further conduct measures being taken.

Notice of Reprimand is a formal written document issued to a student that officially indicates a violation of rules, policies, or codes of conduct. This notice serves as a documented acknowledgment of misconduct and outlines the consequences of such behavior.

OSCCS refers to the Office of Student Conduct and Community Standards.

Officer pertains to any sworn Police Officer (including contracted or temporary personnel) or University security personnel serving in the Department of Public Safety/Campus Police. Officers are responsible for presenting facts, statements, evidence, and/or charges in a case during conduct conferences or cases adjudicated by Student Conduct Administrators.

Order to Obtain Counseling is a formal directive mandating a student to engage in counseling or therapy sessions that address behavioral issues, substance abuse, mental health concerns, or conflict resolution.

Organizational Dissolution entails the permanent revocation of recognition by the University for an organization or group, resulting in the denial of access to University facilities and funds, as well as the official termination of the organization or group.

Parental Notification refers to the process of informing a student's parents or guardians about specific events or actions related to their child's conduct or academic performance. This notification is often required under certain circumstances, especially when the student is involved in conduct proceedings or significant incidents.

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Personal Identifying Information (PII) refers to identifying information that may identify a person, including but not limited to name, address, telephone number, driver’s license number, social security number, place of employment, employee identification number, mother’s maiden name, bank or other financial institution account number, date of birth, personal identification number, credit card number, or other payment device numbers.

Policy is defined as the written regulations of the University of Maryland Eastern Shore (UMES) and University System of Maryland (USM) as found in, but not limited to, the Code of Student Conduct, the Residence Life Handbook, the Student Handbook, Graduate, Undergraduate, or Professional School Catalogs, the Athletic Handbook, the Student Organizational and Advisor’s Resource Guide and other written rules for departments and clubs.

Possession, whether actual or constructive, denotes either physically holding an object or having the authority to control its possession.

Pre-Hearing Conference denotes the initial phase of the conduct process after the subsequent submission of alleged charge(s)/violation(s). In this phase, the Student Conduct Administrator reviews and explains the alleged charge(s), Code violation(s), and the procedural aspects of the conduct process. They also outline the rights and responsibilities of the students involved. If a student admits to the violation(s), the case proceeds to an Administrative Hearing. Conversely, if the student denies responsibility for the violation(s), the case is scheduled for a Conduct Hearing before a Conduct Board. Throughout the Pre-Hearing Conference, students are encouraged to seek clarification on any charges against them and explore the available options within the conduct system.

Preponderance of the Evidence refers to the standard of proof used to determine if a Respondent is responsible or not responsible for a violation of student policy. The preponderance of the evidence standard requires that it is more likely than not that the Respondent violated the Code of Student Conduct. This decision is based on the information available at the time the decision is made.

Required Volunteer Work involves an assigned work task, mandated as an educational sanction, to be completed without compensation under the supervision of the Director of the Office of Student Conduct and Community Standards, Student Conduct Administrator, or their designee for a specified duration.

Respondent means a student, student group, or student organization alleged to have violated this Code. See also Accused Student or Charged Student.

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Restitution refers to being held financially accountable for reimbursing or replacing damaged, stolen, or destroyed property.

Educational Sanction means an action imposed upon any student, student group, or student organization found responsible for a violation of this Code.

Self-Defense pertains to the justified use of force against another person, to the extent that they reasonably believe such force is immediately required to safeguard themselves from harm. No student can instigate a physical altercation and then claim self-defense as a means to avoid responsibility for a violation of the Code.

Student means anyone admitted to the University and a. enrolled in or attending classes, whether full-time or part-time, at or through the University, both on and off campus, b. not currently enrolled for a particular term at the time the alleged violation occurred but has a continuing relationship with the University, or c. participating in any University-sponsored program (e.g., pre-matriculation orientation programs).

Student Conduct Administrator (SCA) means a University official authorized by the Vice President of Enrollment Management and Student Experience to hear cases, conduct investigations, and recommend educational sanctions upon students who admit to a violation of, or are found to have violated, the Code.

Student Group means several persons who are associated with each other but who do not have status as an officially recognized student organization.

Student Organization means any group of students meeting the University’s criteria for organizational recognition or registration established by the University or its units, colleges, or departments.

Suspension denotes the immediate separation of a student from the University for a stated period with conditions for reinstatement. During this period, a student who is on Suspension shall be restricted from the campus and all University-sponsored functions.

Suspension of Group involves the revocation of an organization's recognition by the University for a specified duration when it is determined that the organization or group has violated the Code of Student Conduct.

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Theft is defined as the wrongful taking of, or the attempt to take, money or property without the consent of the owner by the use of force, threats, or intimidation.

Traffic obstruction describes any action or obstruction that hinders the free movement of pedestrians or vehicles on University property or during University-sponsored or supervised events/activities.

Trespass refers to forcible or unauthorized entry into, or unauthorized presence on University premises, or unauthorized entry or presence in student properties such as automobiles, lockers, or residences.

UMES or University means the University of Maryland Eastern Shore.

UMES Employee refers to any person employed by the University of Maryland Eastern Shore as faculty, staff, or a University official who is responsible for performing administrative, professional, instructional, research, contracted, or other assigned duties.

Under the Influence refers to a state in which a person's normal use of mental or physical faculties is compromised. This impairment can manifest through various indicators, such as abnormal or erratic behavior patterns, the presence of physical symptoms associated with drug or alcohol consumption, or self-disclosure.

University Official means any person employed by the University and performing assigned administrative, educational, professional, or paraprofessional responsibilities (including student resident assistants and building managers).

University Premises/Property include all land, buildings, or grounds owned, leased, rented, operated, controlled, or supervised by the University and adjacent sidewalks and streets.

University-Sponsored Activity means any activity, including classes, programs, and events, that is directly initiated, aided, authorized, or supervised by the University, on or off University premises.

Vice President of Enrollment Management and Student Experience is the person designated by the University President to be responsible for the administration of the Code of Student Conduct.

Victim pertains to any person who may have experienced harm, loss, or threat due to the actions of a currently enrolled student of the University of Maryland Eastern Shore, leading to a violation of the Code of Conduct. A victim is not obligated to act as the Complainant in the case.

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Witness refers to any person who was present and has firsthand information regarding an incident which is an alleged violation of the Code of Student Conduct.

Zero Tolerance means the University prohibits and will adjudicate all illegal and unauthorized possession, distribution (trafficking), and/or use of illicit drugs; fights; possession of dangerous weapons, firearms, explosives, or use of any object with the intent to cause harm when a violation has occurred. The zero-tolerance policy is effective as it relates to behaviors occurring on or off campus.

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PROHIBITED CONDUCT The University of Maryland Eastern Shore (UMES) is committed to fostering a community where students and student organizations uphold high standards of moral, ethical, and community responsibility, creating an environment conducive to living and learning. By applying to and enrolling at UMES, students agree to adhere to the Code of Student Conduct and recognize the University’s authority to impose educational sanctions, including Suspension or Expulsion, for conduct that is deemed unsatisfactory or disruptive to the University environment.

Students are expected to treat all members of the University community including faculty, staff, administrators, contractors, and visitors with respect and civility.

Any student found to have committed or attempted to commit the following acts of misconduct will be subject to the educational sanctions outlined in the Code of Student Conduct. In some instances, acceptance to the University may be revoked prior to enrollment or class attendance if the conduct in question violates the Code of Student Conduct. Furthermore, failure to comply with any issued educational sanctions within the specified timeframe constitutes a violation of the Code of Student Conduct and may result in more severe educational sanctions.

In alignment with this commitment to a safe and respectful campus, the following behaviors are prohibited: Abduction, Kidnapping 1. Enticing, persuading, or forcibly seizing and/or carrying of any student, faculty member, staff member, or University official from one location to another without their consent, and/or 2. Preventing a person from leaving a location without their consent.

Abuse of the Conduct Process Abuse, interference, or non-compliance with University processes, including Conduct and Academic Integrity Hearings, is strictly prohibited. Such misconduct includes, but is not limited to: 1. Falsifying, distorting, or misrepresenting information, 2. Failing to provide, destroying, or concealing information during the investigation of an alleged policy violation, 24

3. Attempting to discourage a person from participating in, or utilizing the campus conduct system or legal process, 4. Harassing (verbally or physically) and/or intimidating a member of the University community before, during, and/or after a University conduct proceeding, as outlined according to the Code of Student Conduct, 5. Failing to comply with the educational sanction(s) imposed according to the Code of Student Conduct, 6. Influencing or attempting to influence another person to violate the Code of Student Conduct, 7. Failing to obey a notice from any Conduct Board or Student Conduct Administrator to appear for a meeting or conduct proceeding as part of an official University conduct review process, 8. Providing false testimony or information at any University conduct meeting, and/or 9. Interfering with or disrupting the conduct process (e.g., investigation, conference, or appeal process).

Academic Misconduct Acts of academic misconduct include, but are not limited to: 1. Plagiarism (including the use of materials from the Internet), 2. Cheating on examinations, 3. Forgery, 4. Collusion, 5. Procuring unauthorized copies of examinations or other materials that should not be in the student’s possession, 6. Credential misrepresentation, and/or 25

7. Other acts of academic dishonesty.

Alcohol The use, consumption, possession, purchase, sale, and/or distribution of alcoholic beverages on University property, in cars or other vehicles, or at any University-sponsored or affiliated activity is strictly prohibited. Violations of this policy include, but are not limited to: 1. Using, possessing, or distributing alcohol while under the age of 21, 2. Operating a motor vehicle while under the influence of alcohol, 3. Being intoxicated or under the influence of alcohol while in public, 4. Providing alcoholic beverages to a person who is intoxicated, 5. Providing or otherwise making alcohol available to any person under the age of 21, 6. Consuming alcohol from an open container either on campus property at a location not approved by the University or on public property in an unlawful manner, 7. Possessing and/or using alcohol in any Residence Life facility, 8. Appearing in public on University premises while intoxicated or under the influence of alcohol, 9. Violating any other provision of the Code of Student Conduct while under the influence of alcohol, including any disorderly conduct, regardless of whether such conduct results in injury to a person or property due to intoxication, and/or 10. Engaging in any activity or conduct involving the use of alcohol that violates the law.

At University-approved events on campus (e.g., Alumni events), alcoholic beverages may be sold or served in accordance with applicable laws and University policies. Students who are of legal drinking age will be required to present valid identification (e.g., a driver’s license) before the alcohol can be sold or served. Violation of this policy, including supplying alcohol to underage students or selling or furnishing alcohol to minors, will be subject to educational sanctions by the Office of Student Conduct and Community Standards.

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Arson, Fire Setting The malicious or intentional burning of property, whether personal or University-owned, on University premises is strictly prohibited. This includes, but is not limited to, creating fires, setting a personal fire, opening flames, and/or igniting flammable materials.

Assault Engaging in conduct that intentionally places another person in reasonable fear of imminent physical harm. This includes any behavior that causes someone to reasonably believe they are about to be physically attacked, even if no contact occurs.

Attempted Offenses An attempt to commit an act, on University property, or involving members of the University community (including students, faculty, staff, visitors), that would constitute a violation of any law, Code of Student Conduct, or any local, state, or federal regulation is prohibited.

Battery Intentionally making physical contact with another person without their consent, when the contact is harmful or offensive. This includes, but is not limited to, actions such as slapping, punching, hitting, pushing, grabbing, fighting, administering harmful substances, using a weapon to inflict harm, or any other form of non-consensual physical contact.

Bullying Bullying is any behavior or act that creates an environment where persons feel threatened by another person. It involves intentional, repetitive behavior that causes alarm, discomfort, or harm to another person.

Computer Misuse and Dishonesty A student may not attempt to degrade the performance of the computer systems, to seek to penetrate its security, or in any way deprive other users of resources or access to the computer systems. Violations may include, but are not limited to: 1. Using a computer account belonging to another person without the permission of that person, 2. Tampering with the operation of the University’s computer systems including both equipment and programs, 3. Using the systems for commercial or other unauthorized purposes, 4. Inspecting, modifying or copying programs or data without authorization from the owner, 27

and/or 5. Using the University’s computer systems to send abusive, obscene, or harassing communications.

Conspiracy An agreement between two or more persons to commit a crime or violation of the Code. A student can be held responsible for conspiracy even if they are not physically present during the commission of the crime or Code violation.

Cyberbullying Cyberbullying is a form of harassment directed at persons or organizations through online or technological means. This includes activities such as: 1. Sending harmful messages via email, text messages, social media, forums, or electronic platforms, 2. Causing a reasonable fear of harm or damage to a person or property, 3. Creating a hostile environment, 4. Disrupting educational processes or University operations, and/or 5. Humiliate, harass, intimidate, or embarrass persons or organizations.

Cyberbullying includes actions that are severe, persistent, repeated, or pervasive, and can involve signs, signals, writing, images, sounds, data, or intelligence of any kind, as well as impersonation.

Cyberbullying, however, does not include speech that is protected by freedom of expression.

Damage, Destruction of Property Any actions that cause damage, vandalism, or destruction to property owned or leased by the University, or personal property belonging to University community members, other institutions, or persons—including students, faculty, staff, and visitors—are prohibited, whether on or off campus, as allowed by the University’s jurisdiction. This includes defacing or damaging property through methods such as painting, chalking, writing, stenciling, or any other form of application.

Discriminatory Conduct Engaging in acts of violence, verbal or physical behavior directed at a person or group that has as its purpose subordination based on race, color, creed, religion, disability, marital status, national 28

origin, sex or sexual orientation; creation of an intimidating or demeaning environment that impedes health, safety or access of other students, faculty and staff to the educational benefits available from or through the University is prohibited.

If anyone feels that they have been discriminated against by a student, or a faculty or staff member, they should also contact the Office of Institutional Equity and Compliance (OIE) or by completing an Incident Report.

Disorderly Conduct Any offensive or bothersome act that disrupts the peace. This includes, but is not limited to, conduct that is offensive or annoying to others or is disruptive to the rights of others, including excessive noise, noise after quiet hours, talking excessively loud, shouting, or loud music.

Disorderly, Improper Assembly 1. Any assembly with the intent to incite violence, destruction of property, or disorderly conduct that interferes with the operations of the University, including administrative and academic functions, and/or 2. Any obstruction of the free movement of persons on campus or interference with the use of University facilities.

Disruptive Behavior Substantial disruption or obstruction of University operations including but not limited to: 1. Interference of teaching, research, administration, conduct review proceedings, University-sponsored activities or events (on or off campus), public service functions, or authorized non-University activities occurring on campus. This also includes any behavior—whether in or outside of class—that interferes with others’ academic work, creates disorder, or disrupts the regular and essential functioning of the University.

2. Off campus conduct that is disorderly and disrupts others in the community; 3. Aiding, abetting, persuading, and/or procuring another person or persons to commit any act of misconduct or a breach of the peace or to disrupt schedules and/or normal activities on University premises; 29

4. Classroom behavior that significantly disrupts either: a. the faculty member’s ability to conduct the class or b. other students' ability to benefit from the instructional program, 5. Any abuse or unauthorized use of sound amplification equipment, 6. Acts that unreasonably invade the privacy of another person, 7. Stalking any person or persons, 8. Engaging in Event-related misconduct, and/or 9. Action in association with or encouragement of another person whose conduct violates any policy.

Distribution of Printed or Social Media Material Distribution of printed materials or posting of materials or videos through social media or the internet that are: 1. libelous, 2. derogatory, 3. abusive, 4. sexually explicit, 5. pornographic, or 6. that encourage violations of public laws or University regulations.

While the University respects a student’s right to free inquiry, expression, and assembly, it reminds students of their responsibility to contribute to a climate of integrity consistent with the rights of others and to refrain from acts of degradation, humiliation or harassment toward any person. This applies to students, nonstudents, relatives, faculty and staff, or current or former spouses, partners, or significant others.

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Domestic and Dating Violence Domestic violence is defined as abusive behavior, including threats, verbal and/or emotional abuse and physical assault, between persons in an intimate and/or sexual relationship. It includes behavior(s) used by one person in a relationship to control another. Examples of domestic violence include but are not limited to name-calling, intimidation, threats, and physical harm.

Preventing a partner from contacting family, friends, or peer groups also falls within this definition. This includes behavior toward another person even when the intimate or sexual relationship has ended.

If anyone has been involved in a domestic or dating violence situation, they should also contact the Office of Institutional Equity and Compliance (OIE) or complete an Incident Report.

Doxing (Doxxing) Publicly disclosing someone’s private, personal, or sensitive information without their permission, often with the aim of causing harm or harassment. This information may include details such as their full name, home address, phone number, email, workplace, social media profiles, or confidential documents.

Drug Paraphernalia The possession and/or use of any drug paraphernalia is strictly prohibited. This includes, but is not limited to: 1. Pipes, bongs, blunts, clips, scales, rolling papers, syringes, bowls, hollowed-out cigars, vaporizers, hookahs, lighter fluid, homemade smoking devices, any other smoking paraphernalia, 2. Diluted, late, missed, forged, or failed drug screens, 3. The receipt or distribution of illegal drugs, prescription drugs, or drug paraphernalia via the mail or other delivery service, and/or 4. Any activity or conduct involving drugs or drug paraphernalia that violates local, state, and/or federal laws, including the use of University property (such as residence hall rooms, offices, classrooms, or campus mailboxes), money (real or counterfeit) from drug sales, or the exchange of materials to grow and manufacture drugs.

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Drugs The following activities involving drugs are prohibited on University premises and at Universityaffiliated events: 1. The consumption, possession, manufacturing, selling, purchasing, cultivation, distribution, intent to distribute, passing, and/or misuse of any counterfeit, illegal, dangerous, controlled drug, prescription medication, over-the-counter drugs, designer drugs or synthetic cannabinoids, 2. The abuse of solvents, aerosols, or propellants, 3. Possession, sale, use, distribution, or intent to distribute medication not in accordance with a medical doctor’s prescription, 4. Operating a motor vehicle while impaired by a drug, 5. Appearing in public on University premises while intoxicated or under the influence of illegal drugs or the abuse of prescription drugs, and/or 6. Violating any other provision of the Code of Student Conduct while under the influence of an illegal or illegally obtained drug, including any disorderly conduct, regardless of whether such conduct results in injury to a person or property due to intoxication.

Regardless of the legal status of marijuana in the State of Maryland, marijuana remains prohibited on all University premises and at all University-sponsored events. This policy also applies to students who possess a prescription for medical marijuana. The University community is committed to ensuring the safety and well-being of all students. Any student found responsible for violating this policy will face educational sanctions, and violations may also result in legal action, arrest, and/or imprisonment.

Endangerment Reckless or intentional acts that endanger or put at risk the welfare of oneself or others are prohibited. Threats in any form or behavior that could endanger oneself or others are prohibited.

Compromising the security measures of the campus will constitute a violation of the Code of Student Conduct.

Event Related Misconduct Event-related misconduct is rioting, assault, theft, vandalism, fire-setting, or other misconduct 32

related to an institution-sponsored event, occurring on or off campus, that results in harm to persons or property or otherwise poses a threat to the stability of the campus or campus community. This includes events such as but not limited to athletic events, concerts, parties, and SpringFest. For more details, see the University System of Maryland Board of Regents Policy on Event Related Student Misconduct (V-8.0), or Appendix F. Failure To Comply 1. Uncooperative behavior and failure to comply with reasonable instructions from University officials performing their duties, 2. Failure to provide identification when requested by a University official, and/or 3. Failure to comply with any educational sanction imposed by a University official within the prescribed time frame.

False Complaints or Reporting Willfully and intentionally giving false statements to University officials and/or submitting false complaints or accusations.

Falsification of Information Deceptive acts, misrepresentation, and/or dishonest acts including, but not limited to: 1. Lying, 2. Intentionally furnishing false or untruthful information to a University official, administrator, or administrative unit, 3. Forging, altering, unauthorized reproduction, possessing, lending, selling, or using false instruments of identification or University records and official documents (e.g., a false driver’s license, altered parking pass, Student Identification Cards or meal cards, falsified medical documents, documents and records belonging to another person), 4. Any attempt to commit fraud against the University or a member of the University community, and/or 5. Submitting false information during admission or readmission is grounds for rejection of the application, withdrawal of any offer of acceptance, cancellation of enrollment, dismissal, or other appropriate educational sanction.

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Fighting Fighting includes, but is not limited to, physically assaulting another person, or recklessly causing physical harm or causing reasonable apprehension of such harm; scuffles, slap-boxing and/or fistfights.

Firearms and Weapons 1. Possession, use, display, or distribution of: a. flammable materials or explosives (including fireworks and ammunition), b. guns (including air, BB, ghost, paintball, stun guns, 3-D printed weapons, NERF guns, and pellet guns), or c. other weapons or dangerous objects such as arrows, axes, machetes, nun chucks, throwing stars, swords, or knives with a blade longer than four (4) inches, d. the storage of any item that falls within the category of a weapon in a vehicle parked on University property and/or on any property owned, controlled, or leased by the University is prohibited unless authorized by the University or as part of a University-sponsored event, 2. Using any object to injure, attempt to injure, or harass another person (i.e., scissors, baseball bat, Taser), and/or 3. Violating local, state, or federal law concerning brass knuckles, nun chucks, pocketknives, knives, razors, switchblades, daggers, swords, or bows and arrows/crossbows.

It is the responsibility of the entire campus community to ensure that our environment remains weapon-free. Knowledge of people possessing firearms or weapons must be reported to the University’s Department of Public Safety immediately. The Division of Enrollment Management and Student Experience works closely with the University’s Department of Public Safety to promptly identify and confiscate weapons and weaponry when they become aware of their presence or when they are provided as evidence or associated with a student conduct case. A violation of this policy will lead to educational sanctions, up to and including Interim Suspension, Suspension, or Expulsion from the University.

Fire Safety Violation of local, state, federal, or campus fire policies including, but not limited to: 1. Intentionally or recklessly causing a fire that damages the University or personal property or that causes injury, 2. Failure to evacuate a University-controlled building during a fire alarm, 34

3. Failure to follow the instructions of staff and emergency personnel during fire alarms, 4. Improper use of University fire safety equipment, 5. Tampering with, disconnecting, altering, or improperly engaging a fire alarm or fire detection/control equipment, 6. Removing and/or tampering with a fire extinguisher from its approved location, 7. Participation in creating or causing a false fire alarm, 8. Removing and/or tampering with the covers on fire alarm pull stations, 9. Removing and/or tampering with common area and room sprinkler systems, 10. Discharging a fire extinguisher for any purpose other than putting out a fire, 11. The possession, use, manufacture, and/or sale of any incendiary device, and/or 12. The possession and/or use of any type of fireworks, explosive devices, and pyrotechnic paraphernalia on University property.

Such actions may result in a local fine in addition to University educational sanctions.

Forcible Entry Breaking and entering into any on or off campus University property, facilities, vehicles, or records is strictly prohibited.

Forgery Forgery of names, signatures, and/or documents (personal, public, and/or private) is prohibited.

Gambling The University strictly prohibits all forms of gambling (e.g., sports betting, card games, dice games, online gambling/betting activities, lotteries, sports pools) within or on University premises, during University-sponsored events, and in University-sponsored off campus facilities.

Guest Behavior Students are responsible for the behavior of their guests whom they invite to the campus or 35

permit them to visit the campus. Where a guest is found to violate the Code of Student Conduct, applicable charges will be brought against the student host and/or the host student organization.

Harassment Any act that creates an unpleasant or hostile situation for another person including but not limited to: 1. Communication directed at person(s), whether physical, verbal, written, or electronic that is likely to cause annoyance or alarm, 2. Engaging in any other course of conduct or repeatedly committing acts with the purpose to alarm or seriously annoy any other person, 3. Intentionally and/or repeatedly following, stalking, or contacting another person in a manner that intimidates, harasses, or places another in fear of their safety or that of their property, 4. Any form of harassment that includes language and/or physical acts that degrade, insult, taunt, or challenge another person by any means of communication to provoke a violent response; communication of threat; defamation of character; use of profanity; verbal assaults; derogatory comments or remarks (gender, racial, ethnicity, sexual orientation, physical characteristics, religion, etc.) or any behavior that places another member of the University community in a state of fear or anxiety, 5. Any violation of the Policy and Procedures on Sexual Harassment, Other Forms of Sexual Misconduct, and Gender-Based Discrimination, and/or 6. Any action taken directly, indirectly, or through third parties by any means that follow, monitor, surveil, threaten, or interfere with a person’s property.

Harboring Harboring is knowingly allowing any fugitive from justice, any student, employee, or any other person who has been barred from the University to stay in or to be transported onto Universityowned or operated property or facilities. This would also include harboring any person who is considered to be a fugitive from justice or for whom there is an outstanding warrant.

Harm to Persons Intentionally or recklessly causing physical harm or endangering the health or safety of any person.

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Hazing 1. Any act, whether physical, mental, emotional, or psychological, that subjects another person, voluntarily or involuntarily, to anything that may abuse, mistreat, degrade, humiliate, harass, or intimidate a person; or which may in any fashion compromise an person’s inherent dignity as a person for initiation or admission into or affiliation with, or as a condition for continued membership in, an organization, group or entity, whether occurring on or off campus.

2. Any requirements by a group, member, or prospective member that compels another group, member, or prospective member to participate in any activity that is against University policy or state or federal law for initiation or admission into or affiliation with, or as a condition for continued membership in an organization whether occurring on or off campus.

Health and Safety Violations Behavior that creates a risk or danger to others, including, but not limited to, propping open doors to residence halls, use of windows to enter/exit University facilities, throwing objects from windows or balconies, or failure to maintain reasonable standards of sanitation, cleanliness, and safety.

Health and Wellness Responsibility UMES students have a duty to care for themselves and protect the community. It is a violation for any student experiencing symptoms of viral infection that may be transmitted to others, or having a diagnosis of such infection, and does not exercise their responsibility to seek appropriate treatment and/or physical distancing.

UMES will impose zero-tolerance educational sanctions including, but not limited to, housing contract termination, 24-hour vacate notice, fine, University Suspension, and/or automatic parental notification (as applicable). Residents sanctioned under this violation will be ineligible to apply for housing for one complete academic semester, not including summer terms.

Identity Theft Identity theft includes, but is not limited to: 1. Knowingly and intentionally using another person’s identifying information without their consent to misrepresent oneself,

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2. The use, sale, or transfer of such information to obtain benefits, credit, goods, services, or other items of value in the owner’s name, and/or 3. Impersonating another person through digital means, including the use of AI-generated media or altered photos, for the purpose of deception, harassment, or reputational harm.

Inappropriate Dress The following are considered violations of the university’s standards regarding appropriate dress and appearance: Lewd, Obscene, or Offensive Attire: Clothing or appearance that displays images or language that is lewd, obscene, profane, illegal, or otherwise offensive. This includes attire that exposes body parts traditionally considered private or indecent in public settings.

Visible Undergarments: The intentional display of undergarments outside of private living spaces.

Disruptive Dress or Grooming: Clothing or grooming that disrupts the educational environment or draws excessive and undue attention that interferes with the teaching and learning process.

Indecent, Obscene Behavior, Profanity Conduct that is lewd, indecent and/or profane portrayed on the premises of the University or at University-sponsored or supervised activities. Such conduct includes, but is not limited to, obscene gestures, improper exposure of body parts, stripping, and/or streaking.

Intimidation Any actions that make someone feel frightened, threatened, or coerced, often to influence their behavior or decisions. This can be done through threats, harassment, bullying, or other forms of coercive behavior.

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Joint Responsibility Students who knowingly collaborate to violate University regulations are individually and jointly responsible for their actions. Likewise, any student who knowingly permits another person (including non-UMES community members) to violate University regulations without reporting it to a University official also shares responsibility.

Littering and Endangering Safety Improper disposal of waste, including throwing or dropping objects from windows, balconies, or other University buildings or vehicles.

Misuse of Communication Technology, Social and Digital Media Students are prohibited from misusing or abusing communication technology at the University, including aiding others in such misuse or abuse. This includes, but is not limited to: 1. Using any form of communication technology to harass or threaten persons, 2. Using communication equipment to disrupt the normal operations of any person, organization, or the University, and/or 3. Misappropriation of data, copyrighted material, or software.

Communication equipment encompasses: 1. Phones, email, voicemail, computers, printers, tablets, and other devices, and 2. Personal devices that use the University's technological infrastructure.

Students are prohibited from inappropriate and irresponsible use of any UMES-affiliated webpage, email, or social media resource. Engaging in such conduct is strictly prohibited.

Using social media platforms (e.g., Facebook, Instagram, Vine, Twitter, LinkedIn, YouTube, Flickr, Snapchat, etc.) to harass, cause bodily or mental harm, or violate the law is also prohibited.

Students accused of misusing electronic or social media sites will face criminal or civil penalties, as well as educational sanctions. Examples of prohibited conduct include, but are not limited to: 1. Creating, possessing, or distributing altered, edited, or fabricated images, videos, or other media that depict another person without their knowledge or consent, including but not limited to face-swapping, deepfakes, or digitally placing a person's likeness onto another body,

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2. Using image or video manipulation to defame, harass, intimidate, or otherwise harm another person, 3. Engaging in non-consensual distribution of altered or explicit images, including deepfake pornography or similar media, 4. Derogatory language or demeaning statements about or threats to any third party, 5. Inappropriate or incriminating images depicting hazing, sexual harassment or sexual misconduct, vandalism, fighting, stalking, underage drinking, illegal drug use, pornography, other inappropriate behavior, or inappropriate language, 6. Content that violates state or federal law, 7. Partisan political activity other than campaigning for UMES student elections, 8. Online gambling, 9. Information or images that could be considered obscene or disparaging, or untrue, 10. Selling goods or services for personal financial profit using University resources such as computer network/Wi-Fi, and/or 11. Personal social relationships unrelated to UMES business Misuse of University Funds/Student Organization Funds The unauthorized or improper use of University funds or student organization funds managed by the University is strictly prohibited.

Motor Vehicles, Traffic Violations, Parking Violations Violation of rules and regulations governing the use of motor vehicles on University-owned or controlled property, or at University-sponsored or supervised activities, and/or failure to obey traffic and parking regulations is punishable by the Department of Public Safety. This includes, but is not limited to: 1. Driving and parking on grass, sidewalks, and in improper zones, 2. Operating or attempting to operate a motor vehicle on campus while under the influence of alcohol or illicit drugs, and reckless driving,

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3. Failure to register a vehicle as required by the Department of Public Safety, 4. Unauthorized use of a decal or permit, 5. Operating a vehicle on campus in violation of an imposed ban, and/or 6. Flagrant or repeated violations of the UMES Department of Public Safety Rules and Regulations.

Additionally, applicable local, state, and federal traffic laws are enforced.

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Non-Compliance Failing to comply with the directions of an authorized University official, faculty or staff member acting in the performance of their duties, or any other person responsible for a facility or registered function acting in accordance with those responsibilities. It is the responsibility of the University official or person acting on behalf of the University to identify themself and to state the reasons for the direction that is given.

Physical Abuse 1. Any attempt to cause injury or inflict pain, or the actual causation of injury or infliction of pain, 2. Initiating physical contact with another person when aware or reasonably believing that the contact will be seen as offensive or provocative. Consent or acquiescence from the affected person, group, or organization does not justify physical abuse, 3. Physical assault, causing harm to, or engaging in unwanted physical contact with any person, and/or 4. Threats of violence, including words or actions that would reasonably cause a person to fear imminent injury or danger.

The physical abuse policy does not prohibit the following: 1. Customary public athletic events, contests, or competitions sponsored by the University, including their organized and supervised practices and 2. Any activity or conduct that supports the goals of a legitimate educational curriculum, extracurricular program, or military training program as defined and approved by the University.

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Pornography The public display of pornographic materials, including but not limited to, literature, films, images, or other content that, when evaluated by contemporary community standards: 1. Appeals to prurient interests, 2. Depicts or describes sexual conduct in an explicitly offensive manner, and/or 3. Lacks significant literary, artistic, political, or scientific value when considered as a whole.

If anyone feels that they have been harassed due to the public display of pornography, they should also contact the Office of Institutional Equity and Compliance (OIE) or complete an Incident Report.

Possession of Stolen Property Possessing property that is known or reasonably suspected to be stolen from the University or any person.

Public Intoxication Appearing on University-owned or controlled property, or at a University-sponsored event, while under the influence of a controlled substance or any other intoxicating substance.

Representation Without Consent It is prohibited to represent the University or any recognized student organization or chartered group without prior specific consent from University officials or the respective organization or group. This restriction also applies to affiliating with organizations or groups that are suspended or banned from the University or attempting to join an organization through improper and unauthorized membership procedures.

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Retaliation Retaliation, reprisal, or intimidation by a student or employee against persons for filing a complaint or participating in any way in a report or investigation under this policy is prohibited and will result in appropriate educational sanctions.

Riotous Behavior Participation in a disturbance with the purpose of committing or inciting any action that presents a clear and present danger to others, causes physical harm to others or damages property.

Prohibited behavior in the context of a riot includes, but is not limited to, those behaviors prohibited by federal, state or local law and: 1. Engaging in conduct designed to incite another to engage in riotous or violent behavior, 2. Causing or threatening damage to or destruction of University premises or property of others, whether done intentionally or with reckless disregard, 3. Failing to comply with a directive to disperse by University officials, faculty members, law enforcement or emergency personnel, or 4. Intimidating, impeding, hindering or obstructing University officials, faculty members, or law enforcement or emergency personnel in the performance of their duties.

This rule shall not be interpreted as prohibiting legally protected behavior and speech under the law.

Sexual Misconduct or Abuse Sexual misconduct, whether attempted or actual, includes but is not limited to: non-consensual sexual activity such as unwanted touching or fondling of an person’s intimate areas (including genitalia, groin, breasts, or buttocks, whether covered or uncovered); coercing someone to touch another’s intimate areas; sexual assault, harassment, rape, forcible sodomy, or sexual penetration with an object; and intercourse without consent, including situations involving force, threats, intimidation, or when a person is incapacitated due to substance use, captivity, sleep, or disability. If anyone feels that they have been a victim of sexual misconduct or abuse, they should also contact the Office of Institutional Equity and Compliance (OIE) or complete an Incident Report.

Smoking Smoking is prohibited in all UMES buildings and is only permitted in designated outdoor areas.

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Solicitation Selling, collecting money, or promoting activities on campus, within University buildings, or on University property without proper approval is prohibited. Students are not permitted to act as agents for promotion companies or businesses soliciting parties or unauthorized events, or to receive business offers or goods on University property. Additionally, students may not solicit on behalf of the University without permission from the Vice President of Enrollment Management and Student Experience.

Using any residence hall room, building, grounds, or parking lot for business purposes, including selling food, tickets, clothing, jewelry, cosmetics, or any merchandise is prohibited, except when permitted for special purposes as designated by the University.

Stalking Engaging in repeated behavior directed at a specific person that causes fear for their safety. This includes, but is not limited to, persistent and unsolicited phone calls, social media interactions, text messages, following someone, or any actions that threaten or intimidate by instilling fear of bodily harm or death.

If anyone feels that they have been a victim of stalking, they should also contact the Office of Institutional Equity and Compliance (OIE) or complete an Incident Report.

Student Identification Card Violations 1. Altering, lending, or selling a Student Identification Card, 2. Usage of a Student Identification Card by anyone other than its original holder, 3. Using a Student Identification Card in any unauthorized manner, and/or 4. Failure to produce a Student Identification Card when requested by a Public Safety Officer, staff (including student staff acting in an official capacity for the University), or faculty member of the University.

Substance Abuse or Impairment Impairment of a person's mental or physical faculties as shown by abnormal or erratic behavior, physical signs of drug or alcohol use, or admission of use. A student under the influence does not need to be legally intoxicated to face educational sanctions.

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Tampering with Safety Equipment Tampering with or disabling safety equipment, including but not limited to fire extinguishers, blue light safety telephones, detection equipment, or the inappropriate use of or possession of safety equipment on property owned or controlled by the University is strictly prohibited.

Tampering with University Equipment Tampering with and/or disabling any security camera, elevator, wiring, plumbing, telephone, computer line or system, parking control devices (boot), or other University equipment to endanger oneself or others, or to remove a vehicle is strictly prohibited.

Theft, Burglary, Robbery 1. Theft or attempted theft of the property or services of the University, any organization, or any person by means of: a. taking, b. selling, c. deceiving, d. misappropriating, e. misusing, and/or f. receiving and or possessing such stolen property.

2. Theft of property or services includes, but is not limited to: a. b. c. d. e. f. g. h. i.

attempted theft, conspiracy to steal, knowing possession of stolen property, misappropriation of another’s property, extortion, blackmail, using services without payment, embezzlement, and/or failure to return another’s personal property upon request or within a reasonable period of time.

3. This also includes unlawful entry of a building or structure in an attempt to commit a felony or theft.

4. Theft is also the unauthorized moving or relocation of University furniture to one’s own room or to some other area, illegal and/or unauthorized possession or sale of any 46

property without proper authorization, and property which has been reported lost or stolen.

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Threatening Behaviors, Terrorism, Terroristic Threats Threatening to commit any violent crime or release a hazardous substance, including but not limited to verbal threats of harm, horseplay, practical jokes, abductions, kidnappings, and gangrelated activities is strictly prohibited.

A person commits an offense by making a direct or indirect threat to: 1. Commit a violent crime with the intent to terrorize or threaten another person, 2. Cause the evacuation of a building, assembly area, or University transportation facility, and/or 3. Cause significant disruption, terror, or inconvenience with reckless disregard for the potential consequences.

Specific offenses include threats to: 1. Elicit a response from University officials or emergency responders, 2. Instill fear of imminent serious bodily harm in another person, 3. Disrupt or prevent the use of University buildings, public spaces, vehicles, or other locations, 4. Interfere with University services such as communications, transportation, utilities, or essential resources, and/or 5. Cause widespread fear of bodily harm within the University community or influence University or state operations.

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Ticket Scalping Selling tickets to University functions or events for a price in excess of the price printed on the ticket.

Trespassing Unauthorized presence on or within any building or property owned or operated by the University (including residence halls), or the unauthorized entry into or remaining in a facility, or in a private room or office under the control of another, after having been asked to leave is strictly prohibited.

Unauthorized Agreements or Contractual Obligations Students, whether acting individually or on behalf of a student organization, are not permitted to enter into verbal or written agreements or contracts that claim to bind, obligate, or create liability for the University. If such unauthorized actions occur, the student and/or the student organization will be held responsible for any resulting financial or legal consequences or damages.

Unauthorized Possession of Animals The University prohibits the possession of animals on University property or in any building owned, leased, or controlled by UMES, without approval from the Division of Enrollment Management and Student Experience and/or the Office of Institutional Equity and Compliance.

Prohibited animals include, but are not limited to, dogs, cats, fish, birds, rodents, insects, and reptiles. Only service animals approved under federal law for persons with disabilities and emotional support animals approved by the Office of Student Accessibility Services are permitted.

Unauthorized Use or Duplication of Keys Copying, sharing, or misusing University keys or other access devices without authorization is strictly prohibited.

Unauthorized Use or Entry of University Facilities Unauthorized access, presence, or use of any on or off campus University property, facilities, systems, parking lots, vehicles, or records is strictly prohibited. This includes entering, occupying, or remaining in University buildings, residence halls, or other facilities without proper permission, as well as staying beyond operating hours without authorization.

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Unauthorized and Undisclosed Recording Creating, attempting to create, or distributing audio or visual recordings of private or non-public communications and meetings within the University and its affiliated spaces without the knowledge or consent of the participants is prohibited. This policy does not apply to recordings made at public events, discussions, or those made for law enforcement and public safety purposes. If a recording captures a violation of the Code, the Student Conduct Administrator may choose not to enforce this section of the policy against the student who made the recording.

Use of University Name Using the name or logo of the University is prohibited without specific written authorization from the President of the University or a designated representative. Additionally, students are prohibited from misrepresenting themselves as representatives of the University beyond their normal student activities.

Violation of Confidentiality Violating the confidentiality of a student’s educational record and/or working in a University office where students’ records are kept and managed and disclosing confidential personnel information is strictly prohibited.

Violation of Educational Sanctions Failing to comply with the terms of any educational sanction, including missing deadlines or committing additional violations while on probation, is grounds for further action under the Code of Student Conduct. Noncompliance with educational sanctions imposed by a Conduct Board, Student Conduct Administrator, or their authorized designee is prohibited and may result in more severe consequences.

Violation of Laws Any action that disobeys the laws of the United States, the State of Maryland, local ordinances, or the laws of any other country or political subdivision where the act occurs, constitutes a violation of the Code of Student Conduct when that action: 1. Occurs on the campus of the University, including all property owned, leased, licensed, or otherwise controlled by the University, 2. Occurs on the premises of any domicile of a recognized Greek-letter organization, 3. Occurs in the context of any event planned, presented, sanctioned, or made available by the University, its affiliates, or any student organization,

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4. Occurs at any intercollegiate athletic event in which one of the University's teams is participating, home or away, 5. Involves more than one member of the University community, and/or 6. Otherwise adversely affects the University.

Violation of Privacy Producing live-streamed video/audio, audio recordings, video recordings, or photographs of a person in a setting where they have a reasonable expectation of privacy, without the person's knowledge or consent, is strictly prohibited.

Violation of Published University Policies Violation of any University policy, rule, or regulation published in hard copy or available electronically on the University’s website is strictly prohibited.

Violation of Residence Life and Housing Rules and Regulations Any violation of Residence Life and Housing/Rules and Regulations (contract/agreement) is subject to educational sanctions under this Code of Student Conduct, to include immediate suspension/termination of housing and a denial of subsequent campus housing.

Violence to Persons Any act, attempt, or threat of physical harm directed toward another person as well as acts of aggression or intimidation that result in or have the potential to result in injury or psychological harm.

Visitation or Cohabitation Students must abide by articulated visitation policies as established by the Office of Residence Life: 1. All visitors are required to be out of the residence halls and off campus by the designated closing time, except for approved events.

2. In emergency situations, the University may impose a residence hall and/or campus curfew to safeguard persons and property.

3. Any person living in or occupying space to which the person is not assigned or for all practical purposes dwelling within a room or facility without being a contracted resident assigned to the space in question is a violation. The number of days in a particular 51

room/apartment or residence will not be the sole issue, but also the person's presence on a regular or continued basis without a formal contract or assignment. Evidence of cohabitation may include, but not be limited to, presence of belongings not natural to a non-overnight/temporary visit and canvass of residential neighbors.

4. Any resident who is identified as allowing cohabitation within their assigned space will face educational sanctions.

Voyeurism Viewing, photographing, audio recording, video recording, producing or creating a digital electronic file or filming another person without that person’s knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy, is prohibited.

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STUDENT CONDUCT PROCESS This section offers general information and an overview of the student conduct process. While each case is unique and allegations vary in severity and complexity, the Office of Student Conduct and Community Standards (OSCCS) strives to handle similar facts and circumstances consistently.

The Rules of Practice and Procedure are a formal set of guidelines that regulate how conduct proceedings are managed. They detail the steps for submitting complaints, presenting evidence, making arguments, and appealing decisions issued by conduct bodies. These rules are designed to promote consistency, fairness, and due process throughout the decision-making process. Guidelines include: 1. Jurisdiction & Authority - defines the scope and authority of the body enforcing the rules.

2. Filing Procedures - specifies how complaints, motions, or appeals must be submitted.

3. Notice & Summons - ensures all involved parties receive proper notification of proceedings.

4. Hearings & Proceedings - details how Hearings are conducted, including presentation of evidence, witness testimonies, and arguments.

5. Burden of Proof & Standards - establishes the level of evidence required for a decision (e.g., beyond a reasonable doubt or preponderance of the evidence).

6. Rights of the Parties - outlines rights such as legal representation, the right to present evidence, and cross-examine witnesses.

7. Decisions & Judgments - explains how rulings are made and documented.

8. Appeals Process - provides a procedure for challenging a decision if a party believes an error was made.

9. Enforcement & Educational Sanctions - specifies how decisions are enforced and what penalties apply for noncompliance.

10. Confidentiality & Records - addresses the handling of case records, privacy considerations, and disclosure rules.

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Step One: Filing Complaints and Incident Reports Complaints Any member of the University community may file a written complaint against a student for violation of the Code of Student Conduct. The complaint shall be filed with the Office of Student Conduct and Community Standards (OSCCS) using the online Incident Report. The complaint shall contain the following information: •

The name and address of the person submitting the complaint, the name of the student who is the subject of the complaint, and the date the complaint was submitted,

•

A concise and clear description of the behavior in question, along with an explanation of how it constitutes a violation of the Code of Student Conduct. When possible, this should include details such as the date, time, and location of the incident, as well as the names of any witnesses who may have observed it, and

•

A statement indicating the outcome sought, or the specific remedy being requested, if any.

In more serious cases, a written complaint and formal charges must be submitted to the Department of Public Safety/Campus Police who will conduct an investigation and, at their discretion, may proceed with the case through the University's conduct process, through criminal channels, or both. The Department of Public Safety/Campus Police can be reached at 410-6513300 (emergency) or 410-651-6590 (non-emergency).

Incident Reports Any member of the University community who has evidence of a suspected violation of the Code of Student Conduct may submit a written report to the Office of Student Conduct and Community Standards (OSCCS), Office of Residence Life, or Department of Public Safety/Campus Police.

The online Incident Report should be submitted within 24 to 48 hours of the alleged incident.

Reports must include sufficient details—such as names, dates, locations, and a clear description of the alleged misconduct—to allow OSCCS to determine whether additional investigation is warranted.

All reports will be reviewed by OSCCS to assess for reasonable cause. This involves evaluating whether the reported facts, if proven true, would constitute a violation of the Code of Student 54

Conduct. If a reasonable cause is found, the Complainant may be expected to participate in the process and/or provide relevant information during any subsequent proceedings. In the absence of a determination that there is reasonable cause to proceed, the case may be dismissed.

NOTE: OSCCS may also initiate an investigation based on media reports or other reliable information.

Step Two: Preliminary Review Upon receiving the online Incident Report, the Student Conduct Administrator (SCA) or their designee assesses the appropriate course of action under the Code of Student Conduct. This includes conducting a preliminary review of the incident, complaint, or notice—considering the available evidence and identifying the persons involved. The purpose of this initial review is to evaluate whether the allegations have merit and whether the described behavior may constitute a violation of the Code.

If the conduct reported does not represent a potential violation, the report will be dismissed, and any necessary follow-up will be provided. If the conduct appears to violate the Code, a more indepth review will follow to determine whether formal charges should be issued against the student(s) involved.

If the incident report contains allegations against members of a student group or organization, the SCA will determine whether the incident is related to student organization members acting as individuals and/or student organization members acting on behalf of the organization.

The SCA may decide that the matter can be resolved administratively through a written agreement mutually accepted by all parties and deemed appropriate by the SCA. Once such a resolution is reached, it is considered final, and no further proceedings will take place.

If the complaint/incident cannot be resolved by mutual consent, the case shall be presented to the Conduct Board for a Hearing. Complaints involving criminal violations will be given to Department of Public Safety/Campus Police for investigation and processing.

When a more comprehensive investigation is needed, the SCA may appoint an investigator who shall conduct an immediate preliminary investigation to identify an initial list of all policies that may have been violated, review the history of the parties, the context of the incident(s), any potential patterns, and the nature of the complaint.

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At the conclusion of the preliminary investigation, the investigator will prepare a written report detailing the steps taken and the findings obtained. This report will be presented as part of any subsequent Hearing proceedings.

When an academic semester is in session, the preliminary review is typically completed within 10 – 15 business days of receipt of all reports related to the complaint/incident. Depending on the nature of the complaint/incident, the investigation may take longer.

Step Three: Notifications & Correspondences Notification of Complaint The Respondent will receive notice of the alleged misconduct that will include: •

the possible charges,

•

notice of the right to an advisor, and

•

information regarding the student conduct investigation and conduct review process.

Conduct correspondence shall occur via UMES email (umes.edu) within seven (7) business days after the complaint is received by the Student Conduct Administrator (SCA). Students will be held accountable for retrieving emails in a timely manner. Failure to do so is not an acceptable excuse for delaying any aspect of the conduct process.

The Respondent will have the opportunity to meet with the SCA or their designee in a Pre-Hearing Conference to review the procedures. The SCA or designee will determine the date, time, and location of the Pre-Hearing Conference, and the Respondent will be notified within five (5) business days prior to the scheduled date.

The accused student will have one (1) to three (3) business days to submit a written response to the allegations, which will be reviewed by the SCA prior to the Pre-Hearing Conference.

Parental Notification UMES recognizes that students, parents/guardians and the University are in a partnership in which each has the responsibility to promote a healthy and productive educational experience.

The University reserves the right to notify a student’s parent(s) or legal guardian(s) in circumstances where the student's health or safety is determined to be at risk. This includes, but is not limited to, situations arising from the student’s own behavior or the actions of others.

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Notification may also occur in instances involving Suspension and/or Expulsion from the University and/or the issuance of No Contact Orders.

If a student under the age of 21 is found responsible for the use or possession of drugs or drug paraphernalia, the resulting educational sanctions will include notification of the parent or guardian. This notification will be made by the Office of Student Conduct and Community Standards (OSCCS), the Vice President for Enrollment Management and Student Experience, or their designee. Additionally, if a student under 21 commits a third violation of the alcohol policy, their parent or guardian will also be notified as part of the educational sanction process.

Step Four: Pre-Hearing Conference The Student Conduct Administrator (SCA) or designee will conduct an initial Pre-Hearing Conference with the Respondent or student organization to explain the conduct process and gather information.

The purpose is to allow the accused student to: 1. Share information about what occurred during the incident from their perspective.

2. View reports and documents related to the incident and respond to them.

3. Offer names of witnesses who may be interviewed about the incident.

4. Learn about the conduct review process and options available.

5. Ask any questions they have about the process.

When the Pre-Hearing Conference is held, the possible outcomes include: 1. A decision is made, based on the available evidence and witness testimony, that the student is not responsible for the Code of Student Conduct violations. In this case, the matter will be closed, and the records will reflect this outcome.

2. A decision is made that the student is not responsible for the Code of Student Conduct violations due to insufficient or a lack of evidence. In this case, the matter will be closed, and the records will reflect this outcome.

3. A decision is made, based on the available evidence and witness testimony, that the Respondent has violated the Code of Student Conduct. Appropriate educational sanctions 57

will be recommended in accordance with the Code, University policy, and the nature of the violation.

4. A decision is made based on the Respondent’s acceptance of responsibility. If the student accepts responsibility during the Pre-Hearing Conference, the University considers the allegation uncontested, and the process concludes with an Administrative Hearing.

5. If the Respondent accepts responsibility at the Pre-Hearing Conference but rejects the educational sanction, the University will conduct a Sanctioning Hearing.

6. If the Respondent does not accept responsibility, they can request a formal Conduct Hearing.

Waiver of the Right to a Conduct Hearing and Appeal All students charged with a violation of the Code of Student Conduct have the right to a Hearing before the Conduct Board to determine whether they are responsible for the alleged violation(s).

Alternatively, a student may choose to waive this right and accept responsibility for the violations.

Students who elect to waive their right to a Hearing and plead responsible will receive educational sanctions in accordance with the provisions of the Code of Student Conduct. Educational sanctions may include, but are not limited to, Suspension or Expulsion from the University.

Choosing to waive a Hearing does not imply or guarantee that a more lenient sanction will be imposed.

Students who waive their right to a Hearing will be afforded the opportunity to present an oral statement during an Administrative Hearing with the Student Conduct Administrator (SCA) or their designee regarding any mitigating factors they wish to be considered in determining the appropriate educational sanction. However, once the right to a Hearing has been waived, no witnesses will be permitted, and the opportunity to appeal the decision of the SCA or their designee will be forfeited. The decision rendered in such cases is final.

Written notification of the educational sanction(s), as outlined in the Code of Student Conduct, will be provided to the Respondent, the Complainant, and, where applicable, the victim.

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The SCA or designee conducting the Pre-Hearing Conference will then determine the educational sanction(s) for the misconduct, which the Respondent may accept or reject. If accepted, the process ends with an Administrative Hearing.

NOTE: Contested charges that may result in Suspension or Expulsion if a student is found responsible must be adjudicated via a formal Conduct Hearing. Educational sanctions for uncontested charges that may result in Suspension or Expulsion must be rendered via a Conduct Hearing.

All Hearings will be scheduled for three (3) to seven (7) business days after the Pre-Hearing Conference. The Respondent will be given notice of the scheduled Hearing at least two (2) business days prior.

Step Five: Procedures for Conducting a Hearing Attendance at Hearings All Hearings are closed to anyone other than those directly involved unless the Student Conduct Administrator (SCA) determines otherwise. Parents may not attend Conduct Hearings.

Proceedings of the Board are confidential.

Conduct Hearings may include only the following persons: •

Accused student

•

Advisor

•

Accused student’s attorney (at the discretion of the SCA)

•

Witnesses, when called

•

Conduct Board chairperson

•

Conduct Board members

•

University Presenter (UMES member presenting the case)

• •

Victim/Witness Advocate (at the discretion of the SCA) Victim (may be present throughout the entire Hearing) 59

The parties have the right to an advisor (a singular advisor) of their own choosing from within the University of Maryland Eastern Shore (UMES) community (student, staff person, or faculty member).

In an instance where civil or criminal court proceedings currently involve a Respondent, or at the discretion of the Director of the Office of Student Conduct and Community Standards (OSCCS), legal counsel may be permitted to serve as an advisor.

Role of the Advisor The accused student and Complainant may be assisted at the Conduct Hearing by an advisor of their choice from the UMES community. Except in cases where the accused student is subject to pending criminal charges which arise from the same conduct for which the Code of Student Conduct complaint is filed, only non-lawyer members of the University community are eligible to serve as an advisor. In cases where the accused student is subject to pending criminal charges, the accused student may consult with their lawyer in order to safeguard the student’s Fifth Amendment right against self-incrimination.

The advisor may not present arguments or represent the Respondent or Complainant during the Hearing. They are encouraged to confer with their respective party prior to the Hearing, as communication during the proceeding will be limited or, in some cases, prohibited. In all cases, the advisor — including a lawyer, if permitted — serves a limited, non-participatory role. Advisors are not allowed to present evidence or testimony, make arguments, cross-examine witnesses, or otherwise interfere with the proceedings. Additionally, an advisor may not serve as a witness or be a charged student in the same alleged incident.

The advisor may address the Conduct Board only if specifically invited to do so by the Conduct Board, the Student Conduct Administrator, or the Director of OSCCS. Persons and representatives who participate in Conduct Hearings shall not: 1. Engage in conduct to disrupt a Hearing; 2. Attempt to improperly influence the Student Conduct Administrator (SCA), Director of the Office of Student Conduct and Community Standards (OSCCS), or any member of a Conduct Board; 3. Fail to obey a reasonably definite and specific order by a presiding officer;

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4. Knowingly offer false evidence, falsify evidence, counsel or induce witnesses to testify falsely, or offer improper inducements to testify.

Representatives found responsible for violations of the provisions of this section of the Code may be suspended from the privilege of representation.

Types of Hearings Administrative Hearing An Administrative Hearing is conducted by a SCA or a designee to resolve alleged violations of the Code of Student Conduct.

The possible outcomes of the Administrative Hearing include: 1. The SCA shall determine, based on a preponderance of the evidence, whether the Respondent is responsible for a violation of the Code of Student Conduct. If a violation is found, the SCA shall recommend educational sanctions consistent with the nature of the violation, the provisions of the Code of Student Conduct, and applicable University policies.

2. Alternatively, the SCA may determine, based on the evidence and testimony presented, that the Respondent is not responsible for any alleged violations of the Code of Student Conduct.

Sanctioning Only Hearing A Sanctioning Hearing is held when the student acknowledges responsibility for the charges but disputes the initial educational sanction(s) imposed. The Hearing will be conducted by members of a Sanctioning Hearing Board selected from a group of trained faculty and staff. During this Hearing, the student cannot recant acceptance of responsibility, nor use this activity as an opportunity for the Board to hear the case. The outcome of the Hearing will be final and official.

The possible outcomes of the Sanctioning Board include: 1. Upholding the original sanction(s) rendered during the Pre-Hearing Conference.

2. Revise the educational sanction(s) rendered during the Pre-Hearing Conference. The educational sanctions rendered by this Hearing Board will be the final action taken. There will be no opportunity to appeal.

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A Conduct Hearing is facilitated by a Conduct Board composed of trained faculty and staff. Unless there is a potential violation of local, state, or federal law, student academic schedules will be considered before scheduling Hearings.

After the Hearing and deliberations, the Conduct Board will determine, by majority vote, the outcome. The possible outcomes of the Conduct Hearing include: 1. More likely than not that the Respondent has violated the Code of Student Conduct.

2. There is inconclusive evidence that the Respondent has violated the Code of Student Conduct.

The Conduct Board will recommend to the Director of the Office of Student Conduct and Community Standards (OSCCS) appropriate educational sanctions consistent with the Code of Student Conduct and University policy, the violation under consideration, and the student’s conduct history.

Rules of Common Courtesy and Decency Outline Rules of common courtesy and decency shall always be observed during a Conduct Hearing and will usually follow this outline. Exceptions may occur when deemed necessary by the Director of OSCCS or Conduct Board and where the change will not deny the student due process.

1. An introduction of persons assembled in the Hearing room.

2. Confirmation of receipt of charges.

3. Charges will be read into the record.

4. Accused students will be asked to enter a plea.

5. The Conduct Board Chairperson will direct the line of questioning to include the Complainant, victim, accused, and witnesses.

6. Closing statements by the Complainant, victim and accused.

7. The Complainant, victim, accused, witnesses and advocates will be dismissed from the Hearing room so that the Conduct Board may begin its deliberations.

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In all cases where the Conduct Board considers if a student’s conduct has violated the Code, a quorum of three (3) members must be present. The Conduct Board members will vote to find an accused student responsible or not responsible following deliberations. The Director of OSCCS does not vote. A simple majority of the members present shall be required to find an accused student responsible or not responsible for Code violations.

The Hearing shall be conducted in such a manner that is fundamentally fair and shall not be restricted unduly by rules of civil or criminal procedures or evidence. Pertinent records, exhibits, and written statements may be accepted as information for consideration. Evidence not directly related to the matter at hand will not be considered for review. It is the responsibility of the Conduct Board Chairperson to rule on the admissibility of evidence and on relevant and irrelevant matters.

The focus of inquiry in the conduct review process shall be whether the accused person was in violation of community expectations and/or the Code of Student Conduct. Formal civil or criminal rules of evidence are not applicable; nor shall deviations from prescribed institutional procedures necessarily invalidate a decision or proceeding. This is applicable unless significant prejudice to a student or the University results from those deviations.

The chairperson of the Conduct Board is responsible for conducting the Hearing and controlling the order of proceedings. All persons involved in a Hearing are expected to maintain the confidentiality of information disclosed during the Hearing.

Entering a Plea Prior to the start of a Conduct Hearing, the accused student will be asked to enter their plea as responsible or not responsible.

If an accused student enters a plea of responsible after reading the charges, the Board will not hear testimony from the accused student nor the Complainant. The Conduct Board will ask the accused to present an oral statement regarding factors that necessitate educational sanctions.

The same opportunity to make an oral statement to the Conduct Board will be afforded to the Complainant and/or victim regarding circumstances that they feel the Conduct Board should consider when deliberating.

Following the statements, non-Board members will be dismissed from the proceedings, and the Conduct Board will review and consider all information presented for consideration prior to deliberation. The accused will be sanctioned in accordance with the Code of Student Conduct, including but not limited to Suspension and/or Expulsion from the University. Both the Respondent and the Complainant shall receive written notification of the sanction(s), in 63

accordance with the provisions of the Code of Student Conduct, within three (3) business days of the date of the Conduct Hearing.

NOTE: Students who enter a plea of responsible forfeit their right to appeal the outcome of their Conduct Hearing.

If a student enters a plea of not responsible after reading the charges, the Board will hear testimony from the accused student and the Complainant. As provided in the Code, the accused student, the victim, and the Complainant may give testimony and question witnesses. After hearing all witnesses, the Board will ask the accused student, the victim and Complainant for final statements. Following the statements, the accused, Complainant, victim, and witnesses will be dismissed from the proceedings (but shall remain in the immediate area of the Hearing should the Board decide to recall someone to clarify a point of testimony) while the Board deliberates.

The accused student, victim and Complainant shall receive written notification of the educational sanction(s), in accordance with the provisions of the Code of Student Conduct, within three (3) business days of the date of the Conduct Hearing.

In all proceedings, the Respondent is presumed not responsible for a violation of the Code of Student Conduct unless proven otherwise.

Burden of Proof The primary purpose of conducting conduct review proceedings is to determine whether a student has violated the Code of Student Conduct. The Complainant carries the burden of proof and must establish the student's responsibility by a preponderance of the evidence. Formal rules of evidence do not apply in these proceedings; instead, the standard used is a preponderance of the evidence, meaning it must be more likely than not that the violation occurred. Deviations from prescribed procedures will not invalidate a decision or proceeding unless, in the judgment of the Student Conduct Administrator (SCA) or Conduct Board Chairperson, such deviations resulted in significant prejudice to the Respondent.

The Respondent should be prepared to address the charges and respond to the evidence presented, including the option to present relevant documents and/or witnesses.

Both the Respondent and the Complainant may attend the Conduct Hearing in person or virtually.

Each party has the opportunity to present their account of the incident through oral and written statements, including statements from witnesses, and may hear all evidence presented during the Hearing.

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The Complainant and the Respondent may question adverse witnesses either directly or by submitting questions to the Conduct Board, which will relay them to the witness as deemed appropriate. At the discretion of the Conduct Board Chair, all parties—including the Complainant, Respondent, and Conduct Board members—may question and present witnesses, either directly or through the Conduct Board Chair.

To maintain the efficiency and focus of the Hearing, the Conduct Board Chair may limit unduly repetitive witnesses. All procedural questions are subject to the final decision of the Conduct Board Chair.

After the presentation of all information by the parties, the Conduct Board will deliberate and determine in a closed session, by majority vote, whether it is more likely than not that the Respondent has violated the Code of Student Conduct. The SCA or designee will be present and available as a resource during all deliberations.

Once a finding is determined, if the finding is that of a policy violation, the Conduct Board will determine an appropriate educational sanction(s) to be recommended to the Director of the Office of Student Conduct and Community Standards. The Student Conduct Administrator (SCA) or designee is responsible for informing the Conduct Board of applicable precedent and any previous conduct violations or other relevant pattern information about the Respondent.

The Conduct Board Chair will prepare a written deliberation report and deliver it to the Director of the Office of Student Conduct and Community Standards (OSCCS), detailing the finding, how each member voted, the information cited in support of its finding, and any information excluded from consideration and why. This report should conclude with recommended educational sanctions to be imposed upon the student, if responsible. This report must be submitted to the Director of OSCCS or designee on the same day the Conduct Hearing is conducted.

An audio recording will be made for all formal Hearings. Deliberations will not be recorded. The record will be the property of the University, in addition to any written findings of fact, transcripts, and/or video recordings. These records will be maintained according to the University’s record retention policy. Students and/or advisors may not make any recordings of the proceedings. No other recording devices, including cell phones, will be allowed in any Hearing.

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Step 6: Decisions & Judgements Following deliberation, the Conduct Board shall promptly notify the Director of the OSCCS of its findings, including whether the Respondent has been found responsible for a violation of the Code of Student Conduct. If the student is found responsible, the Conduct Board shall determine the appropriate educational sanctions and submit its decision to the Director. In determining educational sanctions, the Board may consider any prior findings of responsibility for Code violations.

Upon receiving the Conduct Board’s findings and recommended educational sanctions, the Director of the Office of Student Conduct and Community Standards (OSCCS) shall review the Hearing records, including the determination of responsibility and any educational sanctions imposed. The Director will then prepare the final and official University decision and provide written notification to all students involved, in accordance with the provisions of the Code of Student Conduct, within three (3) business days of when the Conduct Hearing is held. In all cases involving students or student organizations, the appropriate University officials shall also be notified of the outcome.

Conduct correspondence shall occur via University email (umes.edu). Students will be held accountable for retrieving emails in a timely manner. Failure to do so is not an acceptable excuse for delaying any aspect of the conduct process.

Information regarding the Conduct Board’s final decision and any educational sanctions imposed may be disclosed to the Complainant and, where permitted by law, to third parties. The Director of OSCCS may also refer to any alleged conduct that potentially violates federal, state, or local laws to the appropriate law enforcement or civic authorities. Additionally, the Chief of the Department of Public Safety/Campus Police shall inform the Vice President for Enrollment Management and Student Experience of any such referral involving a student.

If a conduct finding results in a sanction that restricts a student from enrolling, continuing enrollment, or accessing academic records, the Director of OSCCS shall notify the Office of the Registrar and any other appropriate administrative offices. This includes educational sanctions involving the withholding or recording of grades, the conferral of a degree, or receipt of a diploma during the period in which the sanction is in effect.

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Step 7: Appeal Students found responsible for violating the Code of Student Conduct may request an appeal in response to the Conduct Board's decision. However, those who plead responsible to the violation or waive their right to a Hearing lose their right to appeal the decision.

More information about the appeals process can be found in Appendix B. NOTE: Only students who have attended and participated in their Conduct Hearing are eligible to appeal. Only the accused may file an appeal. Each case may be appealed only once. The appeals finding is final and binding.

ADDITIONAL INFORMATION Conduct Hearings for Interim Suspensions The President, or their designee, may interim suspend a student from the University for a period of up to ten (10) business days, when in their judgment, such action is to protect the safety and well-being of the University, University property, and/or any member of the University community. When an Interim Suspension is imposed, a Conduct Hearing will be convened by the 10th business day to determine whether the suspended student violated the Code of Student Conduct and, if so, to determine whether to impose educational sanctions for the violation.

If the Conduct Board has not convened by the 10th business day to hear the charges against the student, on the 11th business day, the student may return to the University, under the following limited conditions: they may return to and reside in University housing, eat in University dining facilities and return to classes, noting that charges are still outstanding, and that a Conduct Hearing date is pending.

If the suspended student seeks a postponement of the Hearing date and the request for a postponement is granted, the Suspension will remain in effect until the new Hearing date.

If the charged student is incarcerated, the Interim Suspension shall remain in effect until such time as the student has been released and a Conduct Hearing is scheduled.

Conduct Hearings for Student Groups/Organizations All student groups, recognized student organizations, and/or their members (collectively or individually when acting as part of the organization), are bound by the expectations of conduct 67

outlined in this Code and may be held responsible for violations of the Code of Student Conduct, and when appropriate, subjected to educational sanctions.

When a student organization is accused of committing a violation of University policy (including but not limited to any violation of published University policies and procedures), or local, state, or federal laws, an Incident Report may be filed with the Office of Student Conduct and Community Standards (OSCCS) or the Office of Student Experience. Upon receipt of such a complaint/incident report, OSCCS shall conduct an investigation and determine if proceedings will be held regarding the complaint/incident report.

NOTE: 1. When the accused organization is a fraternity or sorority, the Student Conduct Administrator (SCA) may choose to refer the case to the appropriate Governing Board (i.e., the University Greek Council or the National Pan-Hellenic Council) for adjudication; 2. If it is determined that the alleged violations are by individuals, but not collectively by the organization, the case will be referred to OSCCS for adjudication; 3. If an organization is accused of a severe policy or risk management violation (including but not limited to, hazing, fighting, other physical violence, or an egregious violation involving alcohol or drugs), the adjudication for the organization shall be handled through the Office of Student Conduct and Community Standards (OSCCS); or 4. If the allegation involves club sports, the conduct proceedings will be done in consultation with OSCCS and the Department of Athletics and/or their designee.

Cooperation of All Parties Both the person bringing the allegation/complaint and the charged student will be expected to cooperate fully. Similarly, all parties with knowledge pertaining to a case will be expected to cooperate fully in the conduct case and if requested, appear at the Conduct Hearing.

Depending on the nature of the case, the number of students involved in the case, and at the discretion of the Student Conduct Administrator (SCA), the Respondents may participate collectively in one Conduct Hearing rather than in individual Hearings.

Honesty is expected from all who participate in a conduct case. Dishonesty in a Conduct Hearing may be grounds for a separate violation charge.

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If a charged student fails to attend a scheduled Conduct Hearing, the Conduct Hearing may proceed in the absence of the student. Such an absence will not be considered grounds for an appeal, unless the student provides a reasonable and compelling excuse.

Proceeding in the Absence of the Respondent or Complainant If the Respondent fails to appear at the Conduct Hearing without providing a satisfactory explanation, or chooses to leave a Hearing already in progress, the Hearing shall proceed in their absence. The Conduct Board will render a decision based on the evidence available and submit its findings to the Director of the OSCCS. No educational sanctions shall be imposed solely on the basis of the Respondent’s failure to respond to the charges.

In cases where the Respondent refuses to participate, the evidence supporting the charges will still be presented and reviewed, and the Conduct Board will make a determination regarding responsibility and recommend appropriate educational sanctions based on the relevant evidence introduced during the Conduct Hearing.

If a Complainant withdraws their complaint or declines to provide statements during the conduct process, the University reserves the right to continue its review and resolution of the matter in accordance with the Code of Student Conduct and at its discretion.

Request for Postponement of a Conduct Hearing The Respondent or Complainant may request a one-time postponement of a Conduct Hearing for reasonable cause, provided that a compelling justification for the delay can be demonstrated.

Such a request must be submitted in writing to the Director of the Office of Student Conduct and Community Standards (OSCCS), or their designee, no fewer than three (3) business days prior to the scheduled Hearing. The written request must include a clear rationale and any supporting documentation.

If the postponement is granted, the Director or designee will reschedule the Hearing to occur within seven (7) business days of the original Hearing date and will notify all parties involved in writing. Subsequent requests for postponement will not be considered, and the Hearing may proceed in the absence of the Respondent, with the Complainant present.

Withdrawal from the University During a Pending Conduct Investigation If an accused student withdraws from the University after receiving oral or written notice that an alleged violation of the Code of Student Conduct is under investigation, the Director of OSCCS may place a hold on the student's academic record and may withhold issuing a diploma. Prior to the placement of any official notation on the official academic transcript, the student will be 69

provided written notification and afforded the opportunity to meet with the Director or their designee to discuss the alleged violation and the pending conduct process.

The University will place a disciplinary notation on student’s official academic transcript. The University may remove any transcript notation if the student subsequently resolves the matter through the conduct process. A student who withdraws during an active conduct investigation or prior to a scheduled Hearing, in an attempt to avoid resolution of the matter, will not be permitted to be readmitted or reinstated, nor granted access to academic records, until the conduct case has been fully resolved.

Conduct Proceedings in the Event of Withdrawal or Academic Dismissal If a Respondent is academically dismissed or voluntarily withdraws from the University before the resolution of pending conduct proceedings, the Director of the Office of Student Conduct and Community Standards (OSCCS) reserves the right to proceed with the conduct process in the student’s absence, in accordance with the procedures outlined in the Code of Student Conduct.

An accused student who withdraws with a pending conduct matter will not be eligible for readmission or reinstatement until the case has been fully adjudicated and resolved. The University will place a disciplinary hold (academic flag) on the student’s academic record, which will prevent course registration, class selection, re-admittance, reinstatement, or transfer to another institution until the conduct matter has been addressed through the appropriate channels.

Limitations No Conduct Hearing shall be initiated against any person for an alleged violation of University rules or regulations more than three (3) months after the date the violation is reported to the Director of OSCCS, the Director of Residence Life, or the Department of Public Safety, and the person has been formally cited for the offense. The University reserves the right to consider extenuating circumstances.

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EDUCATIONAL SANCTIONS Educational sanctions serve as an essential part of the University's commitment to fostering a safe, respectful, and inclusive learning environment. When a student’s behavior falls short of the community’s standards, educational sanctions are applied not just as a consequence, but as an educational tool aimed at personal growth and positive change. These measures are designed to provide opportunities for reflection, learning, and rectification while upholding the values of civility, responsibility, and mutual respect. Through this approach, the University seeks to protect the community, promote personal accountability, and ensure that the educational mission remains uncompromised.

Educational sanctions are designed to accomplish several objectives including: 1. Providing the student with an opportunity to learn from their mistakes, 2. Educating the student on the impact of their behavior on themselves, others, and the University community, 3. Emphasizing the importance of civility, conflict resolution, and making responsible choices, 4. Motivating the student to make better decisions in the future, 5. Reinforcing the University's expectations regarding appropriate conduct, 6. Offering the student a chance to rectify their mistake and demonstrate accountability, 7. Ensuring that conflicts do not interfere with the educational mission of the University, and 8. Protecting the University community from persons who may pose a risk to themselves or others.

By addressing both the student’s growth and the well-being of the University community, these objectives aim to foster a culture of accountability, respect, and constructive conflict resolution, ensuring a safe and productive environment for all.

Types of Educational Sanctions One or more of the following educational sanctions may be imposed, alone or in combination, for any single violation of the Code of Student Conduct:

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Academic Registration Block The Vice President for Enrollment Management and Student Experience, the Student Conduct Administrator, or their designee may request the Registrar place a Conduct Registration Block (flag) on a student's ability to register for classes or receive a diploma due to violations of the Code of Student Conduct. This block will remain in effect until the student has fully completed their assigned educational sanction(s).

Alcohol educational sanctions may be increased based on a student’s past conduct record, the severity of behavior, and/or the impact upon the community.

OFFENSE 1ST

EDUCATIONAL SANCTIONS • • •

Parental notification for underage violators Mandated to the Alcohol, Tobacco and Other Drug (ATOD) Prevention Center Education Program: $100 fee 1st Offense Violation Fee: $100

2nd

• • • •

Parental notification for underage violators Referred to off campus Substance Abuse Treatment Program Disciplinary probation for one semester 2nd Offense Violation Fee: $150

3rd

• •

Parental notification for underage violators Formal Conduct Hearing (potential removal from campus housing and/or Suspension from the University) 3rd Offense Violation Fee: $200

•

Cancellation of Housing Contract and denial of a housing contract in the future is an educational sanction that the Conduct Board can issue if the seriousness of the violation warrants such action.

Any student who has their housing contract canceled shall not be entitled to any housing deposit or fee refund.

Disciplinary Probation is imposed for a specified period of time during which the student must demonstrate the willingness and ability to comply with University policies, regulations, and all other stipulated requirements. If a student is found to be in violation of the Code of Student Conduct during the disciplinary probationary period, they will face more severe educational sanctions including but not limited to Suspension and Expulsion.

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Disciplinary Reprimand or Warning is an official written notification that a student or student organization has violated one or more University policies or regulations. It serves as a caution that any future violations of the Code of Student Conduct will result in more serious educational sanctions.

Disorderly Conduct and/or Disruptive Behavior in the Classroom educational sanctions may be increased based on a student’s past conduct record, the severity of behavior, and/or the impact upon the community.

OFFENSE

EDUCATIONAL SANCTIONS

1st

• Verbal warning, return to classroom

2nd

• Written warning • Disciplinary Conduct Probation

3rd

• Removal from class and/or school depending on severity or number of similar occasions

Drug/Cannabis educational sanctions may be increased based on past conduct record, the severity of behavior, and/or the impact upon the community.

OFFENSE 1st

VIOLATION

EDUCATIONAL SANCTIONS

Being in the presence of drugs/cannabis

• • • • •

Possession of drugs/cannabis paraphernalia

• • • • •

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Parental notification Disciplinary Probation Education Program: $100 fee Bystanders 1st Offense Course: $150 fee Community service: 20 hours Loss of campus privileges Parental notification Disciplinary Probation Education Program: $100 fee Individual 1st Offense Course: $200 fee Community service: 30 hours Loss of campus privileges

2nd

Sale, manufacture, delivery, distribution of drugs/cannabis

• • •

Parental notification Zero Tolerance; non-negotiable Expulsion from UMES

Being in the presence of drugs/cannabis

• • • •

Parental notification Disciplinary probation Individual 2nd Offense Course: $300 fee Loss of University housing if incident occurs in housing; no refund Community service: 40 hours Loss of campus privileges

• • Possession or consumption of drugs/cannabis

• • • • • •

3rd

Being in the presence of drugs/cannabis

• • • • •

Parental notification Disciplinary probation Individual Offense Course: $400 fee Loss of University housing if incident occurs in housing; no refund Community service: 80 hours Drug treatment program and/or Suspension of one semester Parental notification Loss of University housing if incident occurs in housing; no refund Loss of campus privileges Drug Treatment Program Suspension for one academic year

Expulsion constitutes the permanent separation of the student from the University, to which a student is not eligible for readmission or reinstatement and is permanently barred from University property and from all University-sponsored or sanctioned events. A student who is Expelled may not be admitted to another University System of Maryland (USM) institution for at least one year.

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If an Expelled student returns to the campus, they may be charged with unlawful entry (trespass) and arrested. Any student who is expelled is not entitled to any tuition or fee refund. Students who are expelled prior to examinations will receive the grade of “W” for all classes attempted. A notation is permanently placed on the official academic transcript: “Expulsion.” The conferring of an academic degree will be postponed for the duration of their Expulsion.

Expulsion from University Housing permanently denies a student the opportunity to live in University housing, or to enter University housing, even as a guest. Students removed from University housing shall remain liable for all housing fees and any damages incurred and are not eligible for any refunds for the full occupancy period of the housing contract.

Fees can be assessed in conjunction with any case and will be charged to the student’s billing account.

Interim Administrative Action The Director of the Office of Student Conduct and Community Standards (OSCCS) or their designee has the authority to impose interim administrative measures on a student or student organization for a temporary period while conduct proceedings or medical evaluations are pending, or before the conduct review process is completed. These measures take immediate effect without prior notice when there is credible and sufficient information indicating that the student's or organization's continued presence on campus poses a significant threat to themselves, others, or the normal operations of the University. These actions are implemented to protect the safety and well-being of students and the broader University community as necessary.

These measures may encompass Interim Suspension, Denial of Access, Removal from On Campus Housing, Cease and Desist Orders, No Contact Orders, alterations to academic schedules or housing assignments, and/or other restrictions.

1. Interim Suspension: Suspension for an interim period pending resolution of the conduct review process. a. The Director of the OSCCS or their designee may order the Interim Suspension of a student from some or all University activities, including removal from University housing. b. Such an Interim Suspension may become effective immediately without prior notice. c. An Interim Suspension may be imposed: i. To ensure the safety and well-being of members of the University community; or ii. If the student poses a definite threat of, disruption of, or interference with the normal operations of the University; or 75

iii.

If the student fails to comply with an interim measure(s), restriction(s), or other reasonable University directive(s).

2. In conjunction with the Interim Suspension, the University will issue a Denial of Access. A student may be suspended from and denied access to: a. The entire campus, or portion thereof, including classes; or b. All other activities, events, or privileges for which the student might otherwise be eligible; or c. A specific activity, event, or privilege for which the student might otherwise be eligible.

After the imposition of an Interim Suspension, the accountability process will proceed as soon as is practicable.

3. Cease and Desist Order: Student groups or organizations may be issued a Cease and Desist Order if their ongoing activities threaten the health and safety of the University community. Such directives can take effect immediately without prior warning if there is evidence indicating that the continued operation of the group or organization presents a significant danger to the well-being of its members or others within the community.

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4. No Contact Order: a. When there is evidence that a student’s ongoing contact with another student(s) or member(s) of the University community could pose a threat to the person(s) or to the stability and continuance of normal University functions, the Director of the Office of Student Conduct and Community Standards (OSCCS) or designee may issue a No Contact Order between the Respondent and Complainant. This No Contact Order prohibits making contact with another person(s), whether in-person, electronically, telephonically, in writing, or through a third party. b. When the accountability process concludes, OSCCS will reconsider the continued need for the No Contact Order and may decide to lift it, if appropriate. OSCCS will consider requests to end orders of no contact on a case-by-case basis.

The University reserves the right to postpone the accountability process if the Respondent is unable to participate and has expressed a desire to do so. This may happen in cases of incarceration, hospitalization, or other circumstances rendering the student unfit to fully engage in the process, or to accommodate a support person.

The Interim Suspension will remain in effect during the delay. Decisions to postpone the process will be made by the Director of OSCCS or their designee. Typically, the delay will not exceed 10 business days. Students will be afforded an opportunity to meet with the Director or their designee within five (5) University business days from the effective date of the Interim Suspension. However, there is no guarantee that the student will be permitted to return to campus prior to a resolution of the conduct matter at hand.

Medical Amnesty (Related to Alcohol and Other Drugs) When appropriate, OSCCS has the discretion to grant medical amnesty for underage drinking and drug use. A student who is impaired and/or underage who seeks medical assistance for themselves in an emergency may be exempt from harsher educational sanctions. Instead, the student may be required to complete educational, rehabilitative, and/or restorative justicebased educational sanctions through the conduct process. Students who are struggling with the use or abuse of alcohol or other drugs are encouraged to seek support from campus resources, including the Alcohol, Tobacco & Other Drug (ATOD) Prevention Center at 410-651-6385, the Counseling Services at 410-651-6449; or the Health and Wellness Center at 410-651-7665.

Order to Obtain Counseling requires the student to obtain counseling (e.g., psychological, alcohol, drug, anger management, conflict resolution, or relationship counseling) from a qualified, licensed professional within a specified timeframe and at their own expense. The student must submit proof of attendance and successful completion of the counseling, provided on official agency letterhead, to the Office of Student Conduct and Community Standards.

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Organizational Dissolution is an educational sanction imposed only upon student organizations found responsible for serious and/or repeated violations of the Code of Student Conduct. The educational sanction involves permanent withdrawal of recognition by the University, denial of the use of University facilities and/or funds, and official dissolution of the organization on the campus.

Presumptive Dismissal refers to any disciplinary separation of a student from the University, whether temporary (Suspension) or permanent (Expulsion). Under this provision, a student who is suspended will not be eligible for admission to any other University System of Maryland (USM) institution during the term of the Suspension. A student who is Expelled may not be admitted to another USM institution for at least one year. Presumptive dismissal does not equate to automatic dismissal; it means that, while the student will have access to standard campus conduct proceedings, they must present compelling mitigating or extenuating circumstances to convince the final decision-maker that a lesser sanction is warranted.

Restitution may be imposed on students whose violation of the Code of Student Conduct has involved monetary loss or damage. Restitution as imposed by the Student Conduct Administrator (SCA) or Conduct Board becomes a financial obligation to the University and either full payment or an agreement for partial payment according to a schedule agreed to by the SCA is required before the student may register for classes, graduate, or obtain a transcript. Failure to meet restitution can result in more severe educational sanctions.

Suspension constitutes a student being separated from the University for a stated period with conditions for reinstatement stated in the Notice of Suspension. Any student receiving a sanction of Suspension shall be withdrawn from all classes, banned from University housing (if applicable), restricted from entering all University facilities, rendered ineligible to register for any University class, and prohibited from participating in University activities for the period of the suspension.

If a decision is made to suspend a student, the University may choose to postpone the suspension until the following semester if the decision is reached late in the current semester. However, if the Student Conduct Administrator (SCA) or Conduct Board determines that the student's presence poses a risk to the health and safety of the student or the University community, the suspension may take effect immediately.

Students who are suspended prior to examinations will receive the grade of “W” for all classes attempted. The student’s official academic transcript will indicate that the student was suspended by the University and will include the beginning and end dates of the suspension.

Following the conclusion of the suspension period, the transcript notation will be removed. The conferring of an academic degree will be postponed for the duration of their suspension.

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A suspended student remains responsible for all financial obligations to the University and is not eligible for any refunds of tuition or fees. Students who further violate the Code of Student Conduct during the period of suspension or after returning to the University will face expulsion.

In addition, a student who is suspended will not be eligible for admission to any other University System of Maryland (USM) institution during the term of the suspension.

Suspension of Group refers to the University’s withdrawal of recognition of an organization or group for a specified period due to violations of the Code of Student Conduct. This suspension entails a complete halt of all group activities during the designated period and may include specific conditions for reinstatement. Additionally, suspended organizations may be required to remove and cease the use of all symbols and paraphernalia associated with the group for the duration of the Suspension.

Suspension from University Housing denies a student the opportunity to enter, even as a guest, or to live in University housing for a specified or indefinite period. Students removed from University housing shall remain liable for all housing fees and are not eligible for any refunds for the full occupancy period of the housing contract.

Volunteer Work Sanction is a work assignment, assigned as part of a conduct sanction, to be completed without compensation under the supervision of the Student Conduct Administrator (SCA) or their designee for a specified duration.

Additional Information The University may apply any other sanction, depending upon the circumstances and the nature of the violation. For example, participation in extracurricular or athletic activities may be limited, suspended or withdrawn. In response to other violations, the SCA or Conduct Board may impose community service, educational conferences, referral to educational programs (e.g., Alcohol Education Program), prohibit students from entering certain areas of campus property, or other appropriate educational sanctions.

During deliberations, the Conduct Board and/or the SCA may take into consideration the following factors when determining an appropriate sanction: 1. The present demeanor of the accused student; 2. The accused student’s past conduct record; 3. The nature of the violation; and 79

4. The nature and extent of damage, injury, or harm resulting from the violation.

Educational sanctions are applied based on the severity of the violation, regardless of a student's academic standing, anticipated graduation date, the timing within the semester, scholarship status, or any other considerations.

Educational sanctions will be communicated to students in writing. A copy of the letter detailing the educational sanction will be kept on file in the Office of Student Conduct and Community Standards and may be referenced in future cases to determine if more serious are warranted.

Students who do not fulfill their assigned educational sanctions within the specified timeframe may have their registration for future semesters canceled until all educational sanctions are fully completed. Failure to comply with the prescribed educational sanctions can result in more severe consequences, including Suspension from the University. Additionally, the parents of minor students who receive an educational sanction or are arrested may be notified by a University official.

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APPENDIX A: ACADEMIC INTEGRITY, DISORDERLY CONDUCT & DISRUPTIVE BEHAVIOR IN THE CLASSROOM UMES STUDENT CODE OF ACADEMIC INTEGRITY Source: UMES Faculty Handbook 2025 I.

Introduction The University of Maryland Eastern Shore (UMES) is an academic community. Its fundamental purpose is the pursuit of knowledge. Like all other communities, the University can function properly only if its members adhere to clearly established goals and values. Essential to the fundamental purpose of the University is the commitment to the principles of truth and academic honesty. Accordingly, the Code of Academic Integrity is designed to ensure that the principles of academic honesty lie with the students.

II.

Definitions ACADEMIC DISHONESTY: Any of the following acts, when committed by a student, shall constitute academic dishonesty: CHEATING: Intentionally using or attempting to use unauthorized material, information, or study aids in any academic exercise.

FABRICATION: Intentional and unauthorized falsification or invention of any information or citation in an academic exercise.

FACILITATING ACADEMIC DISHONESTY: Intentionally or knowingly helping or attempting to help another to violate any provision of this Code.

PLAGIARISM: Intentionally or knowingly representing the words or ideas of another as one’s own in any academic exercise.

III.

Responsibility to Report Academic Dishonesty All members of the University community – students, faculty, and staff – share the responsibility and authority to challenge and make known acts of apparent academic dishonesty. Faculty must undertake a threshold responsibility for such traditional 81

safeguards as examination of security and proctoring.

IV.

Procedures: Academic Dishonesty

Any member of the University community who has witnessed an apparent act of academic dishonesty or has information that reasonably leads to the conclusion that such an act has occurred or has been attempted, has the responsibility to inform the Office of the Academic Affairs promptly. The Office of Academic Affairs will then send a written report of the allegation to the Student Honor Council, the accused student, and the instructor teaching the course.

Upon receipt of a report of academic dishonesty, the Student Honor Council will assign the matter to three (3) of its members for preliminary inquiry. Members of the Student Honor Council when acting in this capacity shall be designated Review Officers.

The Review Officers shall conduct a preliminary inquiry into the facts of the case in order to determine if there is reasonable cause to believe that an act of academic dishonesty has occurred or has been attempted.

If, after consultation with the Vice President for Academic Affairs: •

•

A majority of Review Officers determine that an act of academic dishonesty did not occur or was not attempted, the Council will inform the student and the course instructor of its finding; or If a majority of Review Offices determines that there is a reasonable cause to believe that an act of academic dishonesty did occur or was attempted, they will forward a written referral containing a statement of facts and their rationale to the Student Honor Council.

Upon receipt of a written referral from the Review Officers, the Student Honor Council shall convene an Honor Board to resolve the matter through an Honor Review.

For further details, see UMES Faculty Handbook 2025

DISORDERLY CONDUCT AND DISRUPTIVE BEHAVIOR According to the Code of Student Conduct, disorderly conduct is any offensive or bothersome act that disrupts the peace. This includes, but is not limited to, conduct that is offensive or annoying to others or is disruptive to the rights of others, including excessive noise, noise after quiet hours, talking excessively loud, shouting, or loud music.

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Likewise, disruptive behavior is the substantial disruption or obstruction of University operations including but not limited to: •

Interference of teaching, research, administration, disciplinary proceedings, University-sponsored activities or events, public-service functions on or off campus, and/or other authorized non-University activities that occur on campus. This also includes any behavior—whether in or outside of class—that interferes with others’ academic work, creates disorder, or disrupts the regular and essential functioning of the University,

•

Off campus conduct that is disorderly and disrupts others in the community,

•

Aiding, abetting, persuading, and/or procuring another person or persons to commit any act of misconduct or a breach of the peace or to disrupt schedules and/or normal activities on University premises,

•

Classroom behavior that significantly disrupts either the faculty member’s ability to conduct the class or other students' ability to benefit from the instructional program,

•

Any abuse or unauthorized use of sound amplification equipment,

•

Any behavior, whether in class or outside of class, that interferes with the classwork of others, causes disorder or disrupts the regular and essential operation of the University,

•

Acts that unreasonably invade the privacy of another person,

•

Stalking any person or persons,

• •

Engaging in Event-related misconduct, and/or Action in association with or encouragement of another person whose conduct violates any policy.

A faculty member has the authority to remove a student from class if their behavior obstructs or disrupts teaching, research, administrative operations, or public service functions. If a student engages in disorderly, disruptive, or reckless conduct during class, the faculty member may submit a misconduct complaint online or directly to the Director of the Office of Student Conduct and Community Standards. Following a Conduct Hearing, if the complaint is upheld, the student may be administratively withdrawn from the course and has the right to appeal the decision.

Disorderly Conduct and/or Disruptive Behavior in the Classroom Educational sanctions may be increased based on a student’s past disciplinary record, the severity of behavior, and/or the impact upon the community.

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OFFENSE 1st

EDUCATIONAL SANCTIONS •

Verbal Warning, return to classroom

2nd

•

Disciplinary Conduct Probation

3rd

•

Removal from class

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APPENDIX B: APPEALS Students found responsible for violating the Code of Student Conduct may request an appeal of the Conduct Board's decision. However, those who plead responsible to the violation or waive their right to a Hearing lose their right to appeal the decision.

NOTE: Only students who have attended and participated in their Conduct Hearing are eligible to appeal.

In order for an appeal to be granted and/or for the outcome to be amended, one or more of the following grounds for appeal must be met: New Evidence: New and significant evidence has become available which was not reasonably discoverable or available before the original decision was rendered. A summary of the new evidence and its potential impact must be included in the appeal.

Due Process: The Hearing failed to adhere to the established procedural guidelines, resulting in a deviation from, or denial of, the rights and procedures outlined in the Code of Student Conduct. The deviation compromised the ability to conduct a fundamentally fair Hearing.

Inappropriateness of Educational Sanctions: The educational sanctions imposed are substantially disproportionate to the severity of the violation and the student’s conduct history.

NOTE: Not agreeing with the Hearing decision is not grounds for an appeal.

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How to File an Appeal Appeals must be submitted electronically through the online Student Conduct Appeal form within three (3) business days of receiving the Notice of Hearing Decision letter, with the date of issuance considered as the first day of the appeal period. Appeals received after the third business day will not be accepted, and the original decision will be deemed final.

The appeal must clearly state the grounds for the request and be backed by factual, relevant information. Appeals that do not adequately meet the written criteria for filing will be dismissed without consideration. Each case may be appealed only once, making the decision of the Student Conduct Administrator (SCA) or their designee final and binding.

Appeals must include the following: 1. A detailed explanation for each ground on which the appeal is based.

2. Supporting evidence and documentation including pictures, text messages, videos, and witness statements.

3. Other relevant information the student wishes to include.

Upon receipt, the appeal will be assessed to determine if it meets the specific grounds and submission deadline. If the appeal is either untimely or lacks substantive eligibility, the original decision and educational sanctions will remain in effect, and the outcome will be final. If the appeal is deemed valid, the SCA or their designee will conduct a review of the existing record only, without holding a new meeting with the Respondent or any alleged victim.

During this review, the original decision and educational sanctions are presumed to have been made fairly and appropriately. Therefore, the burden is on the Respondent to demonstrate a clear error. The SCA or designee will focus their review solely on the issues raised in the appeal.

Remedies for Appeal Upon receipt of an appeal, the Student Conduct Administrator (SCA) or their designee shall review the case and make one of the following determinations: 1. Affirm the original finding and educational sanction, 2. Affirm the original finding but issue a new educational sanction with lesser severity,

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3. Remand the case to the Office of Student Conduct and Community Standards (OSCCS), which will appoint a new Conduct Board to address and rectify the procedural or factual error, 4. Reverse or dismiss the case if there was a procedural or factual defect that cannot be remedied by remand, or 5. Remand the case to the appropriate body for further adjudication.

When a new Hearing is ordered, the case, along with a written rationale for upholding the appeal, will be heard by a different Board. In this situation, the charged student retains the right to appeal as if it were an original Hearing.

Stay of Educational Sanctions During the Appeal Process Filing an appeal generally delays the enforcement of the educational sanctions imposed by the initial decision until the appeal process is concluded, unless the SCA determines that delaying the educational sanctions could pose a risk to the University community. The Director of OSCCS may enforce educational sanctions during the appeal period to protect the safety and well-being of the University community or to preserve University property. If the appeal is denied or unsuccessful, the original educational sanctions will take effect retroactively from the date initially imposed, unless the SCA specifies different educational sanctions and/or a new effective date.

The University's default position is that all decisions and educational sanctions imposed by the original decision-maker(s) will be enforced during the appeal process. However, the Student Conduct Administrator (SCA) or their designee, in consultation with the University’s Title IX Coordinator when needed, may choose to temporarily suspend the educational sanctions during the review only in exceptionally urgent circumstances. This does not include factors like proximity to graduation, the end of the term, or exams. Instead, it applies when there is a compelling likelihood, as determined by the SCA or their designee, that the appeal could lead to a reversal of the decision or a significant change in the educational sanctions.

Notification Following an Appeal All decisions of the SCA or their designee are to be made within five (5) business days of submission. The decision of the SCA or their designee is final and may not be appealed.

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CONDUCT PROCESS RECORDS All conduct records are maintained by the University at minimum for seven (7) years from the time of their creation and/or six years after the student's date of graduation.

Conduct Files and Records The Office of Student Conduct and Community Standards (OSCCS) shall maintain conduct records which shall include, but not be limited to, the accused student's name and related information, description of the incident, parties involved, Code violations, educational sanctions, and other data deemed relevant. Such information shall be maintained in accordance with the provisions of the Family Educational Rights and Privacy Act (FERPA). Conduct process records shall be made available to conduct bodies and University officials designated in the Code as necessary.

Confidentiality Standards and Records – Policy/Procedures All proceedings under the Code are confidential. All proceedings and all documents generated by the process form a part of the charged student's records and are, therefore, confidential under the federal Family Educational Rights and Privacy Act (FERPA). Participants in the process, including the charged, the Complainant, witnesses, Conduct Hearing Board members, and staff members are advised to preserve the confidentiality of all proceedings and all documents under this Code. Any breach of confidentiality may subject the responsible party to charges under this Code. Board members who breach this provision may be removed from the Board.

Record of Hearings and Decisions A recording will be made of each Hearing. If a recording malfunction occurs, the Director of the Office of Student Conduct and Community Standards (OSCCS) and/or the Conduct Board Chairperson shall include a summary of the testimony sufficiently detailed to permit review on appeal. All records of the Hearing, including evidence presented, are the property of the University of Maryland Eastern Shore (UMES) and may be disclosed as permitted by law. No Board member or any person appearing before the Board may make a personal recording of the proceedings. Cell phones and other personal recording devices must always remain off during Conduct Hearings. Violators will have their phones and/or other recording devices confiscated and returned at the end of the proceedings. A Board member may be dismissed from the Board for a breach of this provision.

Records Access As permitted by law, the charged student(s) and Complainant(s) may have reasonable access to all the relevant case records that are maintained by the Director of OSCCS prior to the Hearing.

The records and/or documents prepared by the Director and submitted during the Hearing, as 88

well as the statements given, will constitute the record of the Conduct Board or the Director of OSCCS. Request forms can be found on the Office of Student Conduct and Community Standards webpage Request to Review Conduct Files and Records.

Except as provided in the Code, pursuant to a lawfully issued subpoena or pursuant to any other lawful order, the University shall not communicate a student's conduct process record and related information to any person or agency without the prior written consent of the student.

Copy of Conduct Proceedings An accused or Complainant student may obtain a copy of the recorded proceedings. Request forms can be found on the Student Conduct and Community Standards webpage Request for Conduct Hearing Recording.

Consolidation of Cases In situations in which a student has more than one Conduct Hearing pending, the cases may be consolidated at the discretion of the Director of the Office of Student Conduct and Community Standards (OSCCS) and considered together at a single Hearing.

Expungement Upon graduation, the student's confidential record may be expunged of disciplinary actions, other than Suspension or Expulsion, upon application to the Vice President for Enrollment Management and Student Experience (EMSE). Otherwise, the confidential record will be retained for a period of six (6) years after the student's date of graduation. Cases involving Suspension or Expulsion will be retained permanently and may only be expunged upon successful application to the Vice President for EMSE. A student found responsible for a violation of the Code of Student Conduct may be eligible to have the infraction removed from their student record if the following requirements are met: 1. Infraction represents the student’s first violation of the Code of Student Conduct, 2. The student completed all sanction requirements, 3. A period of three (3) months has been observed since sanction requirements were met, 4. A Community Service project is created and implemented by the student who has been found responsible for a violation of the Code of Student Conduct. The Project

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must be reviewed and approved by the Director of the Office of Student Conduct and Community Standards (OSCCS), and 5. At least seven (7) hours of University services approved by the Director of OSCCS in advance of work.

Requests for expungement may be subject to additional review conditioned on the nature of the violation.

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APPENDIX C: CONDUCT BOARD Composition of Conduct Board The Conduct Board shall be composed of five (5) members, none of whom will be under the immediate supervision of the Vice President for Enrollment Management and Student Experience. Three (3) members shall be students recommended to the Student Conduct Administrator (SCA) by the President of the Student Government Association. Two (2) members of the Conduct Board shall be University of Maryland Eastern Shore (UMES) employees appointed by the SCA. The SCA shall designate a chairperson. A quorum shall consist of any three (3) members of the Board. A special panel consisting of students, faculty, and staff members shall be appointed to provide alternate members in the event a committee cannot be filled.

The SCA nor the Director of the Office of Student Conduct and Community Standards (OSCCS) are voting members of the Conduct Board.

Qualifications for Conduct Board Membership Student Membership: To be a member of the Conduct Board, a student must possess the following minimum qualifications: • • • • •

The student must be currently enrolled at UMES on a full-time basis.

The student may not be on conduct probation at any time during their tenure as a Board member.

The student may not be an elected officer of the Student Government Association, Pan Hellenic Council, UMES Senate, or be employed as a University Police Officer.

The student may not be a member of any other conduct body on the campus.

The student must be in good academic standing.

Faculty/Staff Membership: To be eligible to sit as a faculty/staff member of the Conduct Board, one should meet the following minimum qualifications: • •

The faculty/staff member may not be elected members of the University of Maryland Eastern Shore (UMES) Senate.

The faculty/staff member may not be members of any other conduct body on the campus.

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Chairperson: To be eligible to sit as Chairperson of the Conduct Board, one must be a faculty member, staff member, or administrator.

• The Chairperson shall be appointed by the Student Conduct Administrator (SCA), with the approval of the Vice President for Enrollment Management and Student Experience.

Code of Ethics for Conduct Board Members All Conduct Board members must be fair and impartial and always maintain the highest ethical standards. Conduct Board members should approach each case free of bias and discrimination.

Each Board member must cultivate a sensibility that will result in an unbiased outcome of the proceedings. To facilitate this standard, Conduct Board members shall adhere to the following code of ethics and operating guidelines: • • • • • • •

•

• •

• •

Conduct Board members are committed to ensuring that the intent and meaning of the Code of Student Conduct will be carried out on all occasions.

A member’s public and official behavior should be professional and free from impropriety or the appearance of impropriety.

No member should be swayed by partisan demands, public clamor, consideration of personal popularity or notoriety, nor be apprehensive of unjust criticism.

Members must maintain decorum at all times during Conduct Hearings.

Members must dress professionally for all Conduct Hearings.

No member should hear or entertain the merits of, or pre-judge a case, except when sitting as a member of the Board to hear or consider that case.

A member should exercise discretion and recuse themselves from any case involving a conflict of interest or personal involvement as a witness or Complainant. Additionally, if a member meets the definition of bias outlined in the Code of Student Conduct, they must step down before the Hearing begins.

Prior to beginning each Hearing, Board members will be required to confirm their impartiality and oath of confidentiality in writing after a brief introduction of the case by the Student Conduct Administrator (SCA) or designee.

Members shall make fair, objective, and accurate judgments based on the best available information.

Unless required by law, the name, status, alleged violations of any student, Conduct Board deliberations, and case notes must remain confidential. Members may only discuss Hearing details, whether pending or concluded, during official Board proceedings for that case or with authorized institutional personnel.

A general listing of offenses may be made public, so long as the privacy rights of students are protected.

The Board member’s right to this privilege is absolute and may not be questioned.

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•

Violation of these guidelines may result in disciplinary action against the Board member.

Term of Service and Removal • •

•

• •

A member can be removed for any valid reason by a 2/3 vote of the Conduct Board and a written recommendation from the Board to the SCA. Student members of the Conduct Board who are charged with a violation of this Code or with a criminal offense may be suspended from the Board by the SCA pending the outcome of the charges against them. Students convicted of violations or offenses may be disqualified from any further participation on the Conduct Board.

Faculty/staff members of the Conduct Board who are charged with a violation of Human Resource Policy or with a criminal offense may be suspended from the Board by the SCA pending the outcome of the charges against them.

Members shall serve for one (1) calendar year and are eligible for reappointment not to exceed three (3) consecutive years.

A member can be removed for any valid reason by the Vice President for Enrollment Management and Student Experience and/or the Student Conduct Administrator.

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APPENDIX D: CODE OF STUDENT CONDUCT PROCESS Complaint/ Incident reported via online Incident Report form to OSCCS

Investigation & Preliminary Review conducted by OSCCS

Student receives Notification of Conduct Violation within 7 days of incident being reported to OSCCC

Pre-Hearing Conference scheduled

Student submits written response to complaint 1-3 business days prior to PreHearing Conference

Pre-Hearing Conference facilitated by OSCCS

Option #1

Option #2

Accept responsibility and sanction

Accept responsibility but not sanction

Administrative Hearing

Sanction Only Hearing

Conduct Board Hearing

Process ends

Notification of Sanction

Notification of Sanction

Process ends, no appeal process applicable

Appeal process available

OSCCS = Office of Student Conduct and Community Standards

Option #3 Does not accept

responsibility

Notification of Appeal Decision

Effective August 2025

Process ends 94

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APPENDIX E: DUE PROCESS Conduct review proceedings at The University of Maryland Eastern Shore (UMES) are not equivalent to criminal proceedings; their primary focus is to determine whether a student has violated the Code of Student Conduct. These proceedings do not require the same level of procedural due process as criminal cases. However, UMES ensures that its hearings reflect the substance and spirit of a fair and impartial process. The standard of proof in student conduct cases is a preponderance of the evidence, meaning it is more likely than not that the misconduct occurred. Formal rules of evidence do not apply, and deviations from established procedures do not necessarily invalidate a decision or proceeding unless they result in significant prejudice to either the student or the University.

The purpose of these procedures is to ensure fundamental fairness to students by ensuring that the University fairly evaluates allegations of a Code violation. This includes providing the Respondent with notice of the alleged violation(s), an opportunity to present evidence and identify witnesses in their defense, and a chance to review any documents or information the University plans to consider in advance.

Every UMES student is entitled to the following due process rights, as outlined in these procedures: 1. Be presumed not responsible for an allegation until proven otherwise, 2. Receive notification of the allegations, including the specific Code violation(s) and the details surrounding the incident or alleged misconduct, 3. Review, before a Pre-Hearing Conference or the imposition of an educational sanction(s), the evidence that the University intends to consider, 4. Participate in a Pre-Hearing Conference when the allegations include a violation of the Policy and Procedures on Sexual Harassment, Other Forms of Sexual Misconduct, and Gender-Based Discrimination and/or potential educational sanctions including Suspension, Expulsion, or removal from on campus housing, 5. Identify and present relevant evidence, including witnesses, in support of their position, 6. Have a support person present during interviews, meetings, or Hearings, 7. Receive instructions on how to contact the Office of Student Conduct and Community Standards to inquire about the process, schedule a Pre-Hearing Conference, etc., 8. Request reasonable accommodation based upon a registered disability with the Office of Institutional Equity and Compliance, and 9. Appeal a finding of responsibility for a Code violation(s) and/or an educational sanction(s).

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The University will make reasonable efforts to ensure that evidence is evaluated (or not evaluated) in accordance with basic standards of fundamental fairness. Minor deviations from the established procedures do not necessarily invalidate an outcome unless they result in significant prejudice.

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APPENDIX F: EVENT-RELATED MISCONDUCT In line with the University System of Maryland Board of Regents Policy on Event-Related Student Misconduct (V-8.0), approved and amended on February 10, 2006, the University of Maryland Eastern Shore (UMES) established this Policy to outline the procedure for addressing allegations of student event-related misconduct both on and off campus.

In this policy, Event-Related Student Misconduct is broadly defined to include, but is not limited to, actions such as rioting, assault, theft, vandalism, fire-setting, or other serious misconduct associated with a University-sponsored event. These actions may occur on or off campus and result in harm to individuals or property or pose a threat to the stability of the campus or campus community. A "University-sponsored event" refers to any activity, whether on or off campus, that is initiated, supported, authorized, or supervised by UMES. This includes events such as, but not limited to, athletic events, concerts, parties, and SpringFest.

Any student misconduct directly resulting from a University-sponsored event, whether on or off campus, shall be considered a violation of the Code of Student Conduct and will be subject to University conduct proceedings. For off campus events, the University must be notified in writing by an official law enforcement agency or individuals directly affected by the misconduct. Once written notification and supporting documentation are received, the student will undergo on campus conduct proceedings, regardless of any pending court proceedings.

For event-related misconduct, there is a presumption that any student found responsible by the University will face dismissal. This Presumption of Dismissal means that if a student is determined, by a preponderance of the evidence during a UMES conduct conference or appeal, to have committed event-related misconduct, the resulting educational sanction(s) will be dismissal from the University, either through Suspension or Expulsion.

The student may present evidence of mitigating or extenuating circumstances during the PreHearing Conference to argue that a lesser penalty than Suspension or Expulsion is warranted.

If the University Conduct Board decides on an educational sanction(s) less severe than Suspension or Expulsion, it must provide a written finding of fact to justify the reduced educational sanction(s). Any final decision by the University, whether determined on appeal or otherwise, that results in a conduct action less than Suspension or Expulsion must be approved and signed by the Vice President for Enrollment Management and Student Experience.

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A student suspended under this section shall not be admitted to any other institution within the University System of Maryland during the suspension period. A student expelled under this section shall be barred from admission to any other institution within the University System of Maryland for at least one year from the date of Expulsion. Any Suspension or Expulsion under this policy will be recorded on the student’s transcript.

The student conduct process applies only to individuals who are determined to be students at the time of the alleged violation. If an alleged violation occurs after a student has graduated from the University and they are no longer enrolled, the student conduct process is not applicable.

Student records, including those related to conduct cases, must be released, and such records will be retained for seven (7) years from the date the case was initiated.

University conduct action may proceed independently of any criminal charges, their status, or their outcome in court related to event-related misconduct. In addition to all provisions of the Code of Student Conduct, a student charged with or convicted of any crime, whether on or off campus, related to event-related misconduct, may face conduct action without a Pre-Hearing Conference if any of the following occurs: a. The student is found responsible by a court of law; b. The student pleads guilty or nolo contendere (no contest) to the charges; or c. The case is settled.

The University will exercise its rights under this section only after an investigation by the Department of Public Safety/Campus Police and the Student Conduct Administrator, and after offering the student an opportunity for an informal meeting with both parties.

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APPENDIX G: MEDIATION & ALTERNATIVE RESOLUTION PROCESS (ARP) Mediation The Student Conduct Administrator (SCA) or their designee oversees the mediation process, primarily for first-time and less severe violations. This approach is used when a violation stems from a dispute between students and another party or parties, with the goal of creating a resolution mechanism that prevents future conflicts.

Mediation is an option when Expulsion or Suspension is not being considered as a sanction and when there are no active charges in a criminal court. In such cases, the involved parties may choose to participate in a formal mediation process through the Office of Student Conduct and Community Standards (OSCCS). If all parties do not agree to mediation, formal conduct procedures will be used instead.

The outcomes of mediation do not become part of a student's official conduct record; however, a record of findings and agreements is maintained. The following conditions apply: • • • •

All involved parties must voluntarily agree to participate in mediation.

The resolution reached must be documented in writing, signed by all parties, and followed until completion or until a new agreement is established and mutually accepted.

Mediation agreements are final and cannot be appealed.

If the parties cannot reach a resolution by mutual consent, the SCA or mediator may suggest referring the matter to adjudication.

Alternative Resolution Process (ARP) Certain incidents involving interpersonal conflict or harm may be referred to an alternative resolution process instead of, before, or after the student conduct process. The aim of alternative resolutions is to allow both the Harmed Party and Harming Party to express the harm caused and collaboratively establish agreements for repairing that harm. This process also enables the Harmed Party to participate in the conduct process, which typically does not involve them beyond gathering facts. In some cases, a participant may have caused harm and also been harmed, thus assuming roles as both a Harmed Party and a Harming Party.

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The primary form of the Alternative Resolution Process (ARP) used by the Office of Student Conduct and Community Standards (OSCCS) is a restorative circle, however, other forms of ARP may be utilized at the discretion of the Director of OSCCS. A policy violation does not need to be confirmed to use an ARP, and entering into an ARP does not preclude the use of the student conduct process. If an agreement is not reached or followed in cases where the ARP is used, the student conduct process can still be pursued, especially if a potential policy violation is involved.

NOTE: potential policy violations that may lead to Expulsion from the University are not eligible for an ARP. A. Determining Case Eligibility for ARP The Director of OSCCS or their designee will determine if a case is suitable for referral to an ARP. This referral can occur before or after a notice of alleged policy violation(s) or at the end of the student conduct process. A referral will also be considered if any party involved in the incident requests to use the ARP. Generally, the following criteria will be used to determine appropriateness for referral: 1. Harming Parties and Harmed Parties must be willing to participate in the process, 2. Harming Parties must be willing to agree that they caused harm to another person or the community, and 3. Harming Parties must agree that they will abide by any agreements made during the Alternative Resolution Process (ARP).

B. ARP Procedures Once a case has been referred to an ARP, the Director of the Office of Student Conduct and Community Standards (OSCCS) or their designee will hold pre-work meetings with all relevant parties. During these meetings, participants will be prepared to participate in a restorative circle, where they will generally address the following questions: 1.

2.

3.

4.

What is the harm that has been caused?

Who was impacted by the harm that has been caused and why?

What has the Harming Party thought about since the incident?

What is needed to repair the harm?

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A restorative circle may involve various persons who have a vested interest in resolving the conflict stemming from the incident. This can include the direct parties involved, witnesses, first responders, community members, and support people. Each circle will be guided by one or two trained facilitators.

Once pre-work meetings have been held with all participants and the incident is still deemed suitable for the ARP, the restorative circle will be scheduled. Given the typically large number of parties involved, every effort will be made to accommodate the schedules and needs of all participants who wish to attend.

In the restorative circle, the parties may reach an agreement on the actions needed to repair the harm caused. OSCCS will monitor the progress of these actions and provide participants with updates once the agreements have been fulfilled.

C. Confidentiality and Record Keeping of the ARP 1. Confidentiality Since the Alternative Resolution Process (ARP) is separate from the student conduct process, all information shared during pre-work meetings, the restorative circle, or through any agreement reached will remain confidential and cannot be used in a student conduct process related to the incident if the case is not resolved through the ARP. To maintain confidentiality, a case that transitions from an ARP to the student conduct process will be assigned a different Student Conduct Administrator (SCA). Participants will also be required to sign a confidentiality agreement prohibiting them from discussing information learned from other parties during the ARP. Students who fail to adhere to the confidentiality agreement may face allegations of policy violations.

2. Conduct Record Notations of the ARP To ensure the successful completion and tracking of an ARP, the Office of Student Conduct and Community Standards (OSCCS) will maintain records that include participant names, notes from pre-work meetings, and outcomes or agreements from the restorative circle. If a student has been issued a notice of alleged violation and the case is resolved through an ARP, their conduct record will reflect the policy they were alleged to have violated and indicate that the case was resolved through an alternative process. The details of the agreement reached will not be disclosed, nor will it indicate that the student was found responsible for any policy violation(s).

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For students who engage in an ARP before any notice of alleged violation is issued, their conduct record will not mention the incident, their involvement, or the outcome of the ARP.

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APPENDIX H: OFF CAMPUS VIOLATIONS FAQs The University of Maryland Eastern Shore (UMES) addresses off campus violations to: 1. Prevent and reduce behaviors that hinder student academic success and impact the University's educational mission, 2. Enhance the health and safety of students and the broader community, 3. Offer timely support and resources for those facing substance abuse or addiction issues, and 4. Prevent violence in and around the UMES campus.

UMES has the authority to establish expectations and hold students accountable for off campus violations. UMES treats off campus violations as a matter of community standards, focusing on high-risk behaviors while prioritizing the health and safety of students.

1. Does the Office of Student Conduct and Community Standards (OSCCS) address all off campus violations?

No, OSCCS only addresses off campus violations that affect the University’s mission by compromising the health and safety of students and the surrounding community. The main types of off campus violations referred to OSCCS include, but are not limited to: a. Felony charges, b. Act of harm charges, including, but not limited to, assault, harassment, or threats, c. Driving while impaired (DWI) charges or charges of driving by students less than twenty-one (21) years old after consuming alcohol or drugs, d. Repeated or high-risk alcohol misdemeanor charges, e. Repeated or high-risk drug misdemeanor charges, and f. Activities of a student or group of students that clearly conflict with the University’s interests and mission, including, but not limited to, patterns of behavior that put the health and safety of others at risk or show disregard for the policies of the University.

2. How does the Office of Student Conduct and Community Standards (OSCCS) receive information about off campus violations?

The University of Maryland Eastern Shore (UMES) Department of Public Safety/Campus Police provides OSCCS with daily reports from Somerset, Worcester, Wicomico, Talbot, Cecil, Dorchester, Caroline, Queen Anne, and Kent counties in Maryland, and nearby Virginia 104

counties (Accomack and Northampton). OSCCS reviews these reports, cross-referencing the names of individuals charged with violations against UMES’s student records to identify currently enrolled students. If a student is charged outside of Somerset County and the surrounding areas, the University may be notified through various channels and will then determine whether to address the behavior.

3. What occurs when students receive first-time alcohol or other drug misdemeanor charges off campus?

If a student has no prior violations of the Code of Student Conduct on campus or previous off campus charges, they will not be referred to OSCCS for minor alcohol or drug-related misdemeanor charges. Instead, they will receive a Letter of Concern from OSCCS. This letter serves to express the University's commitment to the health and safety of students and the community, provide substance abuse prevention resources, and inform students of the University’s authority and jurisdiction over off campus violations. Students who incur future off campus charges will be referred to OSCCS. 4. Doesn’t addressing off campus violations involve double jeopardy?

Some violations of the Code of Student Conduct also violate federal, state, or local laws. In such cases, students may face both criminal charges and violation of the Code of Student Conduct. This does not constitute double jeopardy, however, as conduct violations are administrative matters, not criminal trials.

5. If a student receives similar sanctions from both the court system and the Office of Student Conduct and Community Standards (OSCCS) such as community service or counseling, can the completion of one sanction fulfill the requirements for the other?

Yes. If a student is assigned the same or similar educational sanctions by both the court system and OSCCS, fulfilling the court-imposed sanction may satisfy the requirements of OSCCS. However, if the two entities impose different sanctions, the student must complete the requirements for both. OSCCS will not extend deadlines for educational sanctions based on pending court proceedings.

6. What happens if my case is dropped in court?

Since the University conduct process is separate from the legal system and uses a different standard of proof, outcomes from the court system cannot be used as grounds to challenge decisions made by OSCCS. Students referred to OSCCS are still required to attend a PreHearing Conference for violating the Code of Student Conduct.

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APPENDIX I: TOWN OF PRINCESS ANNE’S NEIGHBORHOOD NUISANCES AND UNRULY SOCIAL EVENTS ORDINANCE In 2016, the Town of Princess Anne enacted a law to give neighborhoods a more effective way to address issues caused by loud and disruptive house parties. Under this law, police can issue a civil citation on the spot—similar to a speeding ticket—to property owners, managers, occupants, and/or tenants when such parties occur.

Unruly Social Event is a loud and unruly party or gathering of two or more people on private property at which: A. Alcohol beverages are consumed by, furnished to, or possessed by any underage person in violation of law or B. The conduct creates a disturbance of the peaceful enjoyment by others of private or public property, including: 1. Excessive noise, including as described in Chapter 101 or other applicable law, 2. Obstruction of public rights-of-way by unruly crowds, 3. Public drunkenness, 4. Assaults, batteries, or other disorderly conduct that disturbs the public peace, 5. Vandalism of public or private property, 6. Littering, 7. Public urination, 8. Excessive traffic that is significantly in excess of the normal amount of pedestrian and vehicle traffic for the day, date, and time of day for the zoning district, 9. Use of a controlled substance by any person at the gathering, or 10. Any other conduct that constitutes a threat to the public health, safety, or general welfare.

Neighborhood Nuisance Any premises on or in which an owner, operator, tenant, or occupant for the holder of any possessory interest in those premises: A. Acts in a disorderly manner that disturbs the public peace or B. Creates or maintains conditions that let others act in a disorderly manner that disturbs the public peace.

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Persons Responsible The owner, operator, tenant, or occupant of any premises, whether alone or jointly with any other person, including a person who organizes, supervises, or conducts an unruly social event, is a “person responsible” under this ordinance.

Persons responsible for a loud and unruly party remain liable for violating the ordinance even if they were not present during the event.

If the person responsible for an unruly event is under 18, they and their parents or legal guardians are jointly and severally liable for the civil penalties imposed by the ordinance.

Duties of Persons Responsible, Owners or Operators, and Parents of Juveniles A. Person Responsible 1. Every person responsible for any premises is required to maintain, manage, and supervise the premises and all persons on or in the premises in a manner so as not to violate the provisions of this chapter.

2. A person responsible for any premises remains liable for a neighborhood nuisance or an unruly social event even if that person was not present during the nuisance activity or the unruly social event.

B. Owners or Operators 1. An owner or operator of the premises remains liable for violating this subtitle regardless of any contract or agreement with any third party regarding the premises.

C. Parents of Juveniles 1. If the person responsible for the premises on or in which a neighborhood nuisance or an unruly social event occurs is a juvenile, then the juvenile and the parents of the juvenile are jointly and severally liable for paying the penalties and response costs imposed by this chapter.

Penalties for Responsible Persons 1st offense: $500 fine 2nd or subsequent offenses*: $1,000 fine * 12 month look back period to enhance penalties

Defense for Owners 107

Property owners or operators can defend themselves from any fine if they didn’t authorize, know about, or participate in the event, and they prove: 1. They evicted the tenant(s), or 2. They filed court proceedings to evict the tenant(s), or 3. They have not received more than three violations for the same dwelling unit within a 12-month period.

Revised 07/21/2020

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APPENDIX J: RESPONSIBLE HAWK PROTOCOL The University of Maryland Eastern Shore (UMES) urges students to assist others in need.

Immediate action is essential if someone's health or safety is at risk due to drug or alcohol use. If a student notices someone requiring medical attention, the responsible choice is to call for help.

The Responsible Hawk Protocol offers amnesty to students who violate alcohol or drug policies if one or more persons involved require medical assistance due to intoxication. If a student reports a drug or alcohol-related medical emergency that inadvertently incriminates themselves, they may be granted immunity from educational sanctions under certain conditions.

To qualify for amnesty, students must adhere to the following protocols: 1. Call for help immediately. Students should first contact the Department of Public Safety/Campus Police and/or 911. If 911 is called first, students should then notify Public Safety to provide assistance while waiting for emergency responders. If you are unsure whether someone’s life is in danger but suspect it might be, make the call.

2. Remain on the scene and with the person who needs help.

3. Cooperate with first responders and with staff following the incident.

Students are generally expected to avoid being in the presence of others who are violating University policies and rules. They may still be held accountable for their actions, even if they are not directly involved in the prohibited conduct. Additionally, students are expected to promptly report any behavior or activity that poses a threat to the safety of the community or its members.

Students may be eligible for a modified educational sanction once during their academic career at UMES. Those who follow this protocol for themselves or others may qualify for a reduced educational sanction. The applicable educational sanctions include: 1. All students who are responsible for a violation of an applicable alcohol or drug use policy will be asked to complete education, which may include an assessment and/or completion of an educational program through the UMES Alcohol Tobacco and Other Drug (ATOD) department and/or Counseling Services.

2. The University reserves the right to notify parents/guardians of students who are under 21 years of age for violations of policies involving the possession/use of alcohol and/or drugs.

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3. If a student completes all education requirements in accordance with the guidelines and dates set forth by the Office of Student Conduct and Community Standards (OSCCS), the following may apply: a. Any monetary fines and any probation typically issued for this type of violation may be waived. b. The incident will be noted as “for information only” and it will not be considered a part of the student’s conduct record.

4. If a student does not fulfill all educational requirements as per the guidelines and deadlines set by OSCCS, they may face additional accountability measures, such as fines and probation.

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