Student Code of Conduct

Purpose of Student Conduct System

Human beings grow and mature in communities.  Living in a community requires depending upon the knowledge, integrity, and decency of others.  In turn, the best communities help individuals mold habits and values that will enable them to achieve the highest personal satisfaction, including the satisfaction associated with helping to make a better world. The college community is committed to fostering a campus environment that is conducive to academic inquiry, a productive campus life, and thoughtful study and discourse. 

A community exists on the basis of shared values and principles. At Howard Community College, members of the community are expected to uphold and abide by certain standards of conduct that form the basis of the Student Code of Conduct. Each member of the college community bears responsibility for their conduct. When members of the community engage in violations of the rules below, campus conduct proceedings are used to assert and uphold the Student Code of Conduct.   

The objectives of the conduct process at Howard Community College are:

1. To protect members of the campus community from harm resulting from the indiscretions of the few members of the community who are unable, or unwilling, to respect the rights of others;
2. To create an environment that enhances the opportunity for learning;
3. To protect the rights of members of the college community; and
4. To assure students due process when they have been accused of violating college rules and/or regulations

Procedural Protections

Authority for Student Conduct

Ultimate authority for student conduct is vested in the Board of Trustees of Howard Community College. Student conduct authority has been delegated to college administrators, faculty members, and committees, as set forth in this code, or other appropriate policies, rules or regulations adopted by the board.

Inherent Authority

The college reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. Such action may include taking student conduct action against those students whose behavior off college premises indicates that they pose a substantial danger to others.

Commentary:
The college will not routinely invoke the student conduct process for student misbehavior occurring off college premises. Nonetheless, it will be necessary to endeavor to protect the campus community when there are reasonable grounds to believe that a student may pose a substantial danger to others. Normally, such "substantial danger" will be manifested by a pending criminal charge, usually relating to a crime of violence, harassment, stalking, burglary, substantial theft or fraud, the distribution of illegal drugs, or the possession of substantial quantities of illegal drugs.

Student Responsibility

Students are responsible for knowing the information, policies, and procedures outlined in the Student Code of Conduct. Students are provided a copy of the Student Code of Conduct annually in the form of a link to the college’s website. Print copies are available from the Office of Student Life. The college reserves the right to make changes to the Student Code of Conduct and once those changes are posted online, they are in effect. Students are encouraged to check their college email for notifications and online (www.howardcc.edu) for the updated versions of all policies and procedures. College email is the college’s primary means of communication with students. Students are responsible for all communication delivered to their college email address.

Definitions

When used in this code of conduct:

• The term "person of their choosing" includes students, faculty, staff, or others who advise complainants or respondents. The adviser’s role is to provide personal counsel and support to the respondent or complainant, but not to present the case or address the hearing panel, hearing chairperson or other participants in the process. The adviser may not generally serve as a witness in the conduct proceeding. Legal representation is only permitted when the student faces concurrent criminal charges or for proceedings related to an alleged violation of the sexual misconduct policy.
• The term "college" means Howard Community College, college owned or controlled property, and all college departments, programs and college sponsored activities, including off-campus when the vice president of student services or designee determines that the off-campus conduct affects a substantial college interest. A substantial college interest is defined to include any situation where it appears the student’s conduct may present a danger or threat to the health or safety of self or others; and/or any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or any situation that is detrimental to the educational mission and/or interests of the college.
• The term "reckless" means conduct which one should reasonably be expected to know would create a substantial risk of harm to persons or property or which would otherwise be likely to result in interference with normal college or college-sponsored activities.
• The term "student" as defined for the student code of conduct includes all individuals accepted for admission to any credit or noncredit course or degree granting program sponsored by the college. Student status continues until a student has not enrolled in a course or program for two consecutive academic years.
• The term "college premises" means buildings or grounds owned, leased, operated, controlled, or supervised by the college.
• The terms "college-sponsored activity" means any activity on or off college premises that is specifically initiated or supervised by the college.
• The term "complainant" usually means a person who filed the complaint against the student/respondent or has been affected by the alleged policy violation. In matters of serious misconduct requiring a hearing by the student conduct committee, the complainant may be the vice president of student services or designee.
• The term "respondent" is defined as the student accused of violating the Student Code of Conduct.
• The term “preponderance of evidence” means information that would lead a reasonable person to conclude that it is more likely than not that a student violated the Student Code of Conduct
• The term "will" is used in the imperative sense. The term “may” is used in the permissive sense.
• The term “in writing” is defined as communication delivered by hard copy or electronically via HCC email.
• The term “witness” is defined as an individual who has pertinent knowledge about the incident for which the student conduct process is being held. Individuals who do not have pertinent knowledge of the incident are considered character witnesses, and the college reserves the right to preclude them.

Violations of the Law and College Regulations

Although the student conduct process differs from criminal and court proceedings, students may still be accountable to both civil authorities and to the college for acts that constitute violations of law and this code. Student conduct action at the college will be independent and will normally proceed during the pendency of criminal proceedings, and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced. The college reserves the right to exercise its authority of interim suspension upon notification that a student is facing a complaint and/or criminal investigation (see section on interim suspension).

Student Groups and Organizations

Student groups and organizations may be charged with violations of this code.  A student group or organization and its officers may be held collectively and individually responsible when violations of this code, by those associated with the group or organization, have received the consent or encouragement of the group or organization or of the group’s or organization’s leaders or officers.

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 thatntimidate 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.

Standards of Classroom Behavior

Primary responsibility for managing the classroom environment rests with the faculty.  Students who engage in any prohibited or unlawful acts that result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period.  Longer suspensions from a class or dismissal on student conduct grounds must be preceded by a student conduct hearing, as set forth in the student conduct process.

Commentary:
The term "prohibited acts" would include behavior prohibited by the teacher (e.g., eating in the classroom, persistently speaking without being called upon, refusing to be seated, disrupting the class by leaving and entering the room without authorization, etc.).  It must be emphasized that this provision is not designed to be used as a means to punish classroom dissent.  The lawful expression of a disagreement with the teacher’s viewpoint is not itself "disruptive" behavior.