Code Violations

Howard Community College expects its students to adhere to high standards of honor and good citizenship.  Students must conduct themselves in a responsible manner, which reflects credit upon themselves and the college.  Acts of misconduct subject to student conduct action include but are not limited to the following:

1. Academic dishonesty.  (see section on academic honesty).
2. Abuse or interference with college processes.  Abuse or interference with, or failure to comply in, college processes including conduct and academic integrity hearings, including but not limited to a) falsification, distortion, or misrepresentation of information; b) failure to provide, destroying or concealing information during an investigation of an alleged policy violation, c) attempting to discourage an individual’s proper participation in, or use of, the campus conduct system, d) harassment (verbal or physical) and/or intimidation of a member of a campus conduct proceeding, e) failure to comply with the sanction(s) imposed by the campus conduct system, f) influencing, or attempting to influence, another person to commit an abuse of the campus conduct system.
3. Forgery or alteration of college records.  Forgery or alteration of college records or college identification cards.
4. False Information.  Intentionally furnishing false information to the college.
5. Damage to or misuse of property.  Deliberate destruction of, damage to, malicious misuse of, or abuse of property.  (Students are financially liable for the repair or replacement of property when the damage is a result of their willful destruction, reckless and intentional behavior, or malicious misuse.)
6. Sexual harassment.  Any unwelcome sexual advance, unwelcome request for sexual favors, or other unwelcome verbal, written, online, or physical conduct of a sexual, sex-based, and/or gender-based nature when: (1) submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s basis for or evaluation of academic work, employment, or participation in any aspect of a college program or activity; or (2) such conduct has the purpose or effect of creating a hostile environment. A hostile environment is created when harassment is severe, or pervasive or persistent, and objectively offensive such that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the college’s educational program, employment, or activities.  Sexual harassment may include, but is not limited to the following: (1) verbal harassment or abuse; (2) pressure for sexual activity; (3) unwelcome touching; (4) suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one’s grades, job, etc.; (5) displaying pornographic or sexually suggestive images in a place or manner where others could view such images and be offended; (6) using sexually suggestive language in a place or manner where others could hear such language and be offended; or (7) threatening to commit a violation of sexual misconduct against another person.
7. Sexual assault.  Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual assault can include incest, non-consensual sexual contact, and non-consensual sexual intercourse as defined by this policy.  A) Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. B) Non-consensual sexual contact is any intentional sexual touching, however slight and with any object or body part, by a person upon another person, or exposure or disrobing of another, that is without consent (as defined in Sexual Misconduct Procedure 63.01D.01) or by force or coercion.  This includes intentional contact with breasts, buttocks, groin, or genitals, touching another with any of these body parts, making another touch the respondent or themselves with or on any of these body parts, as well as any other intentional bodily contact that occurs in a sexual manner. C) Non-consensual sexual intercourse is any sexual penetration or copulation, however slight and with any object or body part, by a person upon another person, that is without consent (as defined in Sexual Misconduct Procedure 63.01D.01) or by force or coercion.  Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger, and oral copulation (mouth and genital/anal contact), no matter how slight the penetration or contact.
8. Sex offense.  Any sexual act or behavior which fails to comply with or violates sexual offenses as defined by Maryland law.
9. Sexual exploitation.  Taking non-consensual or abusive sexual advantage of another to benefit anyone other than the person being exploited.  Examples include: Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed), invading privacy, prostituting another person, going beyond the boundaries of consent (such as letting someone hide in a closet to observe consensual sex or disseminating sexual pictures without the photographed person’s consent), taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV), a sexually transmitted disease (STD) or infection (STI) without informing the other person of the infection, administering alcohol or drugs (such as “date rape” drugs) to another person without their knowledge or consent, sexually-based stalking or bullying, or exposing one’s genitals in non-consensual circumstances.
10. Dating violence.  Violence or threat of violence between individuals who have been or are currently in a personal and private social relationship of a romantic or intimate nature.  The existence of such a relationship will be determined based on a consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
11. Domestic violence.  Violence committed by a current or former spouse or intimate partner, by a person with whom a child is shared in common, by a person cohabitating with or who has cohabitated with the individual as a spouse or intimate partner, by any other person similarly situated to a spouse, or any other person against an adult or youth protected from those acts by domestic or family violence laws of Maryland.  Domestic violence includes threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other.
12. Stalking.  A course of conduct directed at or the intentional, repetitive or menacing pursuit, following, harassment, of another person, or other interference with the peace or safety of another person or their immediate family members that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress; including cyber-stalking. The definition of stalking also includes intentionally following another person in or about a public place without their consent. Stalking, harassment, and cyber-stalking behaviors may include, but are not limited to: (1) repeated, unwanted/unsolicited contact that includes face-to-face contact, telephone calls, voice messages, text messages, electronic mail, instant messages, written letters, or unwanted gifts; (2) repeated, unwanted/unsolicited communication on public and college community internet sites; (3) disturbing online messages; (4) persistent physical approaches or requests for dates, meetings, etc.; (5) threats that create fear for one’s life or safety, or fear for the safety of one’s family, friends, roommates, or others; (6) unwanted touching; (7) pursuing or following another person, repeatedly showing up or waiting outside a person’s home, classroom, place of employment, or vehicle; (8) using surveillance or other types of observation, either in person or through the use of electronic devices or software to track or obtain private information; (9) harassing another person, either in person or through a third party; (10) using threatening gestures; (11) trespassing or breaking into a person’s vehicle or residence; or (12) vandalism or destruction of a person’s personal property.
13. Harassment.  Any unwelcome conduct based on actual or perceived status, including sex, gender, race, color, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation, or other protected status, when such conduct has the purpose or effect of creating a hostile environment. A hostile environment is created when harassment is severe, or pervasive or persistent, and objectively offensive such that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the college’s educational program, employment, or activities. Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the complainant and community.
14. Unauthorized communication with college employees.  Students are not permitted to contact faculty or staff members off campus, unless prior permission is given and communication is necessary and related to academic issues.
15. Retaliatory discrimination or harassment.  Any adverse action, absent legitimate nondiscriminatory purposes, taken against a person participating in a protected activity because of their participation in that protected activity. Participation can include making a report, opposing in a reasonable manner an act or policy believed to constitute discrimination or harassment, or testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing related to a protected activity. 
16. Aggressive behavior.  Physical abuse, assault, threat, intimidation, aggressive or threatening behaviors, directed at any member of the college community or visitor to the college, or conduct which provides a reasonable expectation of injury to the health or safety of any person or damage to any property. Intimidation is defined as implied threats or acts that cause a reasonable fear of harm in another. Bullying and cyberbullying are repeated and/or severe aggressive behaviors that intimidate or intentionally harm or control another person physical or emotionally, and are not protected by freedom of expression.
17. Public indecency.  Public exposure, including deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.
18. Theft.  Theft or attempted theft of college or personal property of another, including goods, services, and other valuables, maintaining possession of stolen property, or collusion in assisting another individual in the theft or in maintaining possession of stolen property. Additionally, knowingly passing fraudulent account information, or a worthless check or money order in payment to the institution or to an official of the institution acting in an official capacity.
19. Identity theft.  Theft or unauthorized use of another individual’s identity, password, access to information, or the identity theft of any member of the college community or visitor to the college, and the unauthorized use or misuse of college or organizational names and images.
20. Misuse of HCC’s computer network.  Misuse of HCC’s computer network, equipment, and internet access for other than educational purposes.  This includes, but is not limited to the following: (1) copying or duplicating proprietary software or files stored on college-owned computers that are protected by copyright laws; (2) transmission of communication in any form (e.g., text, images, sound) where the content, meaning, and/or distribution of the message would violate applicable law or regulation, or be deemed obscene or threatening; or (3) any violation of HCC’s Acceptable Use of Technology Policy.
21. Disorderly or disruptive conduct.  Disorderly or disruptive conduct on college-owned or controlled property, or at off-campus functions sponsored by, or participated in by the college. This includes but is not limited to: obstruction or disruption of teaching, research, administration, or other college activities, including the college’s public service functions.
22. Obscene or indecent conduct.  Obscene or indecent conduct on college-owned or controlled property, or at off-campus functions sponsored by, or participated in by the college.
23. Interference with freedom of expression of others.  Intentionally and substantially interfering with the freedom of expression of others.
24. Unauthorized weapons possession.  Illegal or unauthorized possession or use of knives, firearms, fireworks, explosives, dangerous chemicals, or arms classified as weapons, including arrows, axes, machetes, nun chucks, and throwing stars on college-owned or controlled property, including the storage or any item that falls within the category or a weapon in a vehicle parked on college property.  An instrument designed to look like a weapon, which is used by a student to cause reasonable apprehension or harm, is expressly included within the definition of weapon. Circumstances and notification requirements under which individuals are allowed to possess weapons on campus are outlined in Weapons Policy 50. Note: Students who are employees of law enforcement organizations and are required to carry a weapon on campus must notify the director of public safety in writing of their intent to carry a licensed weapon at the beginning of each semester.  Failure to disclose this information is a violation of this code.
25. Unauthorized entry or use of facilities.  Unauthorized entry to or use of college-owned or controlled facilities, including all buildings and grounds.
26. Improper demonstrations.  Demonstrations that interfere with the rights of other members of the college community or with the normal function of the college.
27. Disobedience of college authority.  Deliberate disobedience or resistance of properly identified college authorities acting in the line of duty.
28. False report of emergency.  Initiation of, or causing to be initiated, any intentional false report, warning, threat of fire, bomb explosion, or other emergency.
29. Unauthorized or fraudulent use of the college’s facilities and equipment.  Unauthorized or fraudulent use of the college’s facilities and equipment, including but not limited to the phone, mail, computer, and transportation systems.
30. Hazing.  This includes any act or causing any situation which recklessly or intentionally subjects a student to the risk of bodily injury or endangers the mental or physical health or safety of a student for the purpose of initiation or admission in a student organization.
31. Unattended dependents.  Students must not bring children under the age of 16 or individuals who are incapable of providing self-care on campus and leave them unattended while attending classes or campus activities. Students who violate this policy may be subject to the penalties of the Family Law Article, Section 5-801. This restriction does not apply to younger students enrolled under special admission procedures.
32. Unauthorized visitors in class.  The college recognizes students may have difficulty with day care for their children; however, HCC views the classroom as an adult-learning environment, and one that should be free from potential distractions. Children are restricted from classes in which they are not enrolled. Further, an individual who is not authorized to be in a class is prohibited.
33. Failure to identify.  Failure to identify oneself when requested by a college official, security officer, or faculty member, or failure to comply with instructions from college officials or public safety officers carrying out public safety functions.  College officials may question students or campus visitors when there is a reasonable basis for believing that the person being stopped has committed an offense against the rules of the college or the State of Maryland.
34. Gambling.  Gambling on college-owned or controlled property, or during a college sponsored activity.
35. Excessive parking violations.  (see section on parking).
36. Smoking on campus.  (see section on Smoking on campus).
37. Unauthorized use of mobile devices.  Use of cellular phones and mobile devices in the classroom or lab is at the instructor’s discretion. Unless otherwise directed by the instructor, students who must bring such devices to class must disengage or place devices on inaudible signal so as not to disturb or interfere with classroom activities. 
38. Animals on campus.  Animals, with the exception of service animals (e.g., seeing-eye dogs), are not permitted on campus except as permitted by law.
39. Unauthorized audio or video recording.  Any unauthorized audio or video recording of any person on college premises or at college sponsored activities at other sites, without their prior knowledge or without their consent when such a recording has the potential to cause injury or distress. Students with disabilities who have been vetted through the office of Disability Support Services to record lectures must notify their instructor via their accommodation memo of their intent to record and are restricted to using these recordings for educational purposes only. All other students who wish to record lectures must obtain prior permission from their instructors authorizing audio and/or video recording and are restricted to using these recordings for educational purposes only.
40. Act or behavior which violates any laws or college rules.  Any act or behavior which fails to comply with or violates the rules of the college or laws of the state of Maryland or of the United States.
41. Alcohol and other drug related offenses.  Illegal possession, manufacture, distribution, sale, or use of alcoholic beverages, narcotics, marijuana, hypnotics, sedatives, tranquilizers, stimulants, hallucinogens, and other similar known harmful or habit-forming drugs or chemicals, and the abuse or misuse of prescriptions or over-the-counter medications or chemicals on college-owned or controlled property, or during any college sponsored activity. Drunkenness or being under the influence of alcohol, illegal drugs or other substances on college-owned or controlled property or during any college sponsored activity. Intentional violation of the college policy on controlled substances and alcohol.

Note:  A student who reports an incident of sexual misconduct, either as a complainant or a third party witness, will not be held responsible for violating the Student Code of Conduct if the student was under the influence of alcohol or drugs at the time of the incident.  HCC does not want the fear of receiving student conduct charges or student conduct sanction to prevent a student from reporting an incident of sexual misconduct. 

Parental notification policy related to alcohol and other drugs:  In accordance with the Family Educational Rights and Privacy Act (FERPA), the college reserves the right to notify the parents/guardians of students under 21 years of age, and the parents/guardians of dependent students, regardless of age, of any incident in which the student is found responsible for violating the college’s alcohol and drug policy.