UMGC Policy P-V-1.03 Procedures for UMGC Code of Student Conduct

At the University of Maryland Global Campus (UMGC), we are committed to fostering a supportive academic community where students can thrive and achieve their educational goals. Mutual respect, professionalism, and collaboration are essential to maintaining a positive and collegial atmosphere among students, faculty, and staff.

To uphold these values, UMGC has established a Code of Civility, which all members of our community are expected to observe:

• Respect
  Treat all students, faculty, and staff with respect and in a professional and courteous manner at all times, whether in person or in written communication (including e-mail).
• Kindness
  Refrain from using profanities, insults, or other disparaging remarks.
• Truth
  Endeavor to cite only the truth and not knowingly misrepresent, mischaracterize, or misquote information received from others.
• Responsibility
  Take responsibility for your own actions instead of blaming others.
• Cooperation
  Work together with other students, faculty, and staff in a spirit of cooperation toward our common goals of seeking and providing a quality education.
• Privacy
  Strive to uphold the right to privacy and not talk about others.
• Nondiscrimination
  Respect the differences in people and their ideas and opinions and reject bigotry.

By adhering to this Code of Civility, we each contribute to a respectful and productive learning environment that supports the success and well-being of all members of the UMGC community.

1. Applicability
   These Procedures apply to Reports of Behavioral Misconduct and will be used to implement Policy V-1.03 Code of Student Conduct. These Procedures provide general information and an overview of the process for reviewing and deciding alleged violations of the Code of Student Conduct (“Code”). Although individual cases may vary, the Office of Student Conduct strives to treat similar facts and circumstances consistently.
2. Definitions
   All capitalized terms in these Procedures have the meanings provided in Policy V-1.03 Code of Student Conduct.
3. Educational intervention
   1. Faculty, staff, and students are encouraged to alert students when they are engaged in problematic behavior that, if continued, may violate the Code.
   2. Faculty, staff, and students do not report educational interventions to Student Conduct unless they become part of a Report of subsequent concerns about student behavior.
4. Report
   1. Anyone may submit a Report regarding student behavior that potentially violates the Code. The Office of Student Conduct will review the report and follow up directly with the reporter.
   2. There are no time restrictions for submitting a Report of potential Code violations to Student Conduct. However, reports should be submitted to review information and contact witnesses when incidents occur.
   3. Reports may be made anonymously, but doing so may limit the University’s ability to investigate and respond to a Report. The Office of Student Conduct reserves the right to appoint a Complainant to address valid concerns from an anonymous Reporter.
5. Interim Measures: see Code for a description of Interim Measures
   1. Suspension from UMGC
   2. Suspension or Termination of Access
   3. No Contact Orders
   4. Cease-and-Desist Orders
   5. Students will be informed in writing that an interim measure was imposed during the preliminary inquiry and investigation.
   6. Disputing interim suspension or interim suspension/termination of access: Students may contact the Director of Student Conduct at sacoc@umgc.edu to request an opportunity to meet with or communicate in writing to the Chief Student Affairs Officer or designee within 10 business days from the effective date of the interim suspension or interim measures. The meeting or communication will be limited to the following issues only:
      1. Whether the conduct and surrounding circumstances reasonably indicate the continued presence of the Student poses a substantial threat to themselves, to others, or the stability and continuance of normal USM- or UMGC-sponsored activity, and/or
      2. Reliability of the information used to take the interim measure
      3. Note: No Contact Orders and Cease-and-Desist Orders are not subject to review.
6. Initial Inquiry
   1. The Case Manager will conduct an initial inquiry as follows:
      1. Determining whether reasonable cause exists to move forward with a formal Code process
         1. The Case Manager will review the Report and, at the discretion of the Case Manager, may contact Witnesses regarding the Report.
         2. To make a fair and informed decision, the Case Manager will consider the nature and extent of the behavioral concerns; the context in which the behavior occurred; feedback offered to the Student before or during the described behavior; the degree to which the Student corrected behavior following feedback; and/or any other information, in the discretion of the Case Manager, that may be relevant to determining whether a formal Code process is warranted.
         3. At the conclusion of the initial inquiry, the Case Manager will recommend proceeding to a formal Code process or dismissing the Report.
      2. For all Reports that proceed to a Preliminary Interview, the Office of Student Conduct will determine whether grounds exist for Suspension or Expulsion from the University. Grounds for considering Suspension and Expulsion include, but are not limited to, conduct that results in or could have foreseeably resulted in significant personal injury or property damage, or otherwise poses a substantial threat to the stability and continuation of normal University or USM operations, or University-sponsored or USM-sponsored Activities.
      3. If the concerns in the Report raise the potential for breaking a law, the Office of Student Conduct may consult with the Office of Legal Affairs and/or contact the appropriate authorities to make a report.
      4. This review will be completed within five (5) Business Days after receipt of the Report.
   2. Violations of Another University Policy
      1. During the Initial Inquiry, if the Case Manager determines that the Report contains concerns that may violate another University policy, other than the Code, the Case Manager will consult with the office(s) responsible for those other policies and determine how to proceed.
7. Notice to Respondent
   1. Preliminary Interview
      1. If the Office of Student Conduct determines that reasonable cause exists to proceed with a formal Code process, the Office will contact the Respondent and invite them to attend a Preliminary Interview. The Respondent will learn about the allegations and the Code process. Respondents will be able to discuss the alleged incident, but are not required to do so.
      2. A Respondent’s explanation of events may be grounds to dismiss the Report.
   2. Information covered in the Preliminary Interview will include the following (when applicable):
      1. Respondents will be advised on the range of sanctions if they are found responsible for the alleged violation.
      2. Respondents who face potential Suspension or Expulsion may request a hearing before a Conduct Board.
      3. Respondents facing potential Suspension or Expulsion may waive the right to a Conduct Board and have an Administrative Conference instead.
      4. Respondents not facing Suspension or Expulsion will have an Administrative Conference; Respondents may  request a Conduct Board with no guarantee of approval.
      5. Respondents will be advised about the option to have a Supporter/Advisor present during an Administrative Conference and a Conduct Board hearing.
      6. The Office of Student Conduct reserves the right to identify potentially complicated matters and transfer those issues from an Administrative Conference to a Conduct Board.
   3. Once Respondents are notified of the Code process, if they have questions regarding the Code, these Procedures, or the review process, Respondents may contact their assigned Case Manager or the Office of Student Conduct at sacoc@umgc.edu.
   4. Objection to the Case Manager
      1. An objection to the Case Manager must be submitted in writing to the Director of Student Conduct at sacoc@umgc.edu, who will review the objection and determine whether there is sufficient information to show bias or that the Case Manager may not be able to be impartial in considering behavioral concerns.
      2. The written objection may be sent to the Director of Student Conduct after the alleged Code violation is reported. The latest objection that may be sent is five (5) Business Days following the students’ receipt of notice.
      3. If the Director of Student Conduct finds sufficient information to show bias or that the Case Manager may not be able to be impartial in considering the concerns in the Respondent’s notice, the Director of Student Conduct will appoint a new Case Manager.
      4. If an objection to the Case Manager is not received five (5) Business Days following the notice to the Respondent, the Student will be considered to have waived any objection to the Case Manager.
8. Formal Code Review
   1. The assigned Case Manager will conduct the Administrative Conference or, where appropriate, serve as the administrator for the Conduct Board process.
   2. Conduct Board
      1. The Conduct Boards will consist of three members and may include one or more UMGC students, faculty, and/or staff. One of the three members will serve as Chair and exercise control over the proceedings, including time management and completing the hearing.
         1. Board members will receive training on the Code and these Procedures.
      2. Conduct Boards will be advised by an Office of Student Conduct member, typically an assigned Case Manager. This person will assist with administering the hearing, including commenting on procedural questions and the evidence's relevance.
      3. Before the Conduct Board Hearing:
         1. Respondents will receive written notice of the alleged policy violation(s) and a hearing date at least five (5) business days before the hearing. Hearing dates can be scheduled in consultation with the parties when possible.
         2. Respondents can review all information forming the basis for the alleged Code violation.
      4. During the Conduct Board Hearing:
         1. Attendance at Conduct Board hearings is limited to the parties (Complainant and Respondent), witnesses, Respondent’s Supporter/Advisor (if applicable), Conduct Board members, and staff from the Office of Student Conduct.
         2. Conduct Board hearings will be recorded or transcribed by the Office of Student Conduct.
         3. All relevant, significant, and important evidence to the issues considered will be considered. The Chair, at their discretion, may exclude repetitious, irrelevant, or prejudicial information or witnesses.
         4. The Respondent may have another individual present for support and advice; however, that individual may not speak on behalf of the Respondent. During the call or video conference, the Respondent may request to discuss privately with the individual present for support and advice.
         5. During the Conduct Board hearing, parties and Board members may question witnesses who provide information at hearings.
      5. Conduct Board Deliberations
         1. Deliberations will be with Conduct Board members only. The Office of Student Conduct staff will be available to answer policy and procedural questions.
         2. The Conduct Board, at the end of the deliberations, will find the Respondent Responsible or Not Responsible
         3. If found Responsible, the Conduct Board will discuss and identify one or more appropriate Sanctions.
      6. Conduct Board decisions
         1. Final decisions will be made by majority vote.
         2. Final decisions of Conduct Boards will be included in a written report provided to the Office of Student Conduct. This report will consist of the findings of Responsible/Not Responsible, Sanction recommendation (if applicable), and any Aggravating Factors or Mitigating Factors considered.
         3. When Respondents are found Responsible, the Director of Student Conduct will impose the appropriate Sanction after considering the Board’s Sanction recommendation.
      7. Notice of Decision to Respondent
         1. The Office of Student Conduct will notify the Respondent of the final written outcome.
         2. The final outcome will include the finding of Responsible/Not Responsible, the imposed Sanction (if applicable), and a copy of the written report of the Conduct Board.
   3. Administrative Conference
      1. Respondents will be notified of the alleged Code violation(s) 5 Business Days before the Administrative Conference.
      2. In preparing for the Administrative Conference, the Case Manager may, in the Case Manager’s sole discretion, request information from any individual whom the Case Manager believes may have relevant information regarding the behavioral concerns.
         1. The Case Manager may set a reasonable deadline for the individual’s response to provide information.
         2. If an individual responds to a request for information after the deadline but before the Code process concludes, the Case Manager may consider the response at the Case Manager’s sole discretion.
         3. The Respondent will have an opportunity to review all information forming the basis for the alleged Code violation.
      3. The Administrative Conference may be via telephone/videoconferencing or in writing. The Respondent will have an opportunity to respond to allegations.
         1. If a telephone call or video conference is scheduled to request information from the Respondent, the Respondent may have another individual present for support and advice; however, that individual may not speak on behalf of the Respondent. During the call or video conference, the Respondent may request to discuss with the individual present for support and advice in private.
         2. If the Administrative Conference is in writing, the Respondent must provide a written reply within the time limit established by the Case Manager.
      4. Administrative Conferences held via telephone or videoconferencing will be recorded or transcribed by the Office of Student Conduct.
      5. Regardless of whether the Administrative Conference is handled via telephone/videoconferencing or writing, a Respondent’s reply to allegations should include the following: a Clear explanation of the Respondent’s position regarding the concerns and information gathered/provided to the Respondent
         1. Provide any additional information, such as:
            1. Copies of additional documents or information and an explanation of why these documents or information are relevant; and/or
            2. Names and contact information for additional individuals who may be able to provide relevant information regarding the behavioral concerns, and a brief description of what those individuals may be able to provide.
         2. If the Case Manager conducts any additional reviews, the Case Manager will revise the documentation provided to the Respondent.
            1. After receiving the additional documentation, the Respondent may respond in writing by the deadline established by the Case Manager or via a scheduled telephone/videoconferencing call.
            2. The Respondent must follow the requirements indicated in the Procedures above for this response and may respond only to the new or revised information presented.
      6. After the Administrative Conference process, the Respondent will be notified in writing of the outcome. The written decision will include: the finding of Responsible/Not Responsible
         1. The finding of Responsible/Not Responsible
         2. Sanction (if found Responsible)
         3. Any Aggravating Factors or Mitigating Factors that were considered.
   4. If the Respondent fails to respond to invitations to participate in a Conduct Board or Administrative Hearing, and does not request additional time, the process will continue without the Respondent’s participation unless the Respondent can show a valid reason for failing to respond, as determined by the Case Manager. Respondents can be found responsible in absentia, but the University still must prove that the Respondent violated the Code.
9. Appeal
   1. The Respondent may appeal decisions made by the Conduct Board and a Student Conduct staff member by sending a message intending to appeal to the assigned Case Manager at sacoc@umgc.edu within five (5) Business Days of the date the decision was sent to the Respondent.
   2. The Office of Student Conduct will review the appeal to determine whether the appeal meets at least one ground for appeal. The appeal may proceed if the student meets at least one ground for appeal.
      1. If the student does not meet at least one ground for appeal, the request for an appeal will be denied, and no further appeal will be allowed.
   3. The Appeal must include a brief written statement outlining the reasons for the Appeal, meeting the formatting requirements below, and containing the Respondent’s desired outcome.
   4. Grounds for Appeal:
      1. Substantial Procedural Error – a failure by Student Conduct to follow procedures that prevented the Respondent from participating in a formal Code process.
      2. Disproportionate Sanction – a Sanction that is too harsh or severe based on the Code violation.
      3. Arbitrary and Capricious – Student Conduct staff or a Conduct Board treated the Respondent unfairly based on personal animus.
      4. New Relevant Evidence - evidence that was unavailable or that the Respondent did not know existed at the time of the formal Code process; the new evidence must be relevant to the Respondent’s Code violation.
   5. Format:
      1. The Appeal needs to be clear, concise, and focused on information directly related to the grounds for appeal.
      2. The Respondent may attach copies of any information presented to the Case Manager or the Conduct Board as part of an Administrative Conference or Conduct Board hearing, respectively.
      3. If the Respondent appeals through the criteria of new information that was not reasonably available during the case review, the Respondent must attach copies of any new or significant information for consideration and must state the reasons why such information was not available to the Respondent during the Administrative Conference or Conduct Board processes.
   6. Decision Appeal Designee:
      1. The Decision Appeal Designee will be from Student Affairs but will not be from the Student Conduct staff. The Director of Student Conduct will send a written notice to the Respondent with the name of the Decision Appeal Designee within five (5) Business Days of the Appeal proceeding following the initial review by Student Conduct.
      2. Appeal Decision:
         1. If the original decision is reversed, the Decision Appeal Designee will direct the Director of Student Conduct to make this change or reconsider the case.
         2. The Decision Appeal Designee may require a new review or may require that a new Conduct Board or Case Manager perform a new Conduct Board hearing or Administrative Hearing, respectively.
         3. If the Decision Appeal Designee requests additional review or consideration of new documentation or information, the review should be completed by the Case Manager or the Conduct Board (as appropriate), and a new decision should be made as promptly as possible.
         4. The Decision Appeal Designee may extend the deadline to submit the appeal decision at their discretion, as necessary to ensure the integrity and completeness of the appeal process.
         5. If additional time is needed to complete the appeal process, the Decision Appeal Designee shall notify the Respondent in writing.
         6. The Case Manager will store and maintain the appeal decision in the Office of Student Conduct’s case management system.
10. Records
    1. Student Conduct records will be retained according to the guidance of the University Office of Legal Affairs.
    2. Expungement of Conduct Records:
       1. Students found responsible for violating the Code of Student Conduct may request their conduct records be expunged five (5) years following the incident.
       2. Decisions to expunge conduct records will be at the discretion of Student Conduct.
       3. Conduct that resulted in suspensions or expulsions will not be expunged.