University of Baltimore 4.3.1.
Students are expected to maintain a high standard of conduct. Since the university's role is to provide the best possible atmosphere for learning, individuals who violate its rules or regulations are subject to discipline. To the extent described below, the president of the university delegates authority over student discipline to the provost and the associate vice president for student affairs.
The code of conduct applies to all undergraduate, graduate, and professional students of the university and to all persons who are registered or enrolled in any credit or non-credit course or program offered by the university. No student may withdraw from a course while allegations of misconduct are being investigated and adjudicated.
All violations of the code of conduct will be adjudicated either by the associate vice president for student affairs or by a hearing board. The associate vice president for student affairs will determine, in consultation with the charging party, whether a violation might result in a student's suspension or dismissal from the university for disciplinary reasons. If so, that violation shall be adjudicated by a hearing board. If not, the violation may be adjudicated by the associate vice president for student affairs in a disciplinary conference, as described below.
The code of conduct applies to acts of misconduct by students engaged in university-organized activities, whether committed on- or off-campus. A "university-organized activity" is any activity conducted under the sponsorship or supervision of the university or of registered student groups.
II. Code of Conduct Violations
- Violation of local, state, or federal law or of university regulations while on university premises or off-campus during a university-organized activity
- Use, possession, or carrying of weapons while on university premises or off-campus during a university- organized activity, except by authorized law enforcement officers or by other persons specifically authorized by the university to use, possess, or carry weapons
- Use, possession, distribution, or being under the influence of controlled substances or illegal drugs on university premises or off-campus during university-organized activities, except as permitted by law
- Rioting, assault, theft, vandalism, arson or breach of the peace on campus or related to university-organized activities
- Intentionally or recklessly interfering with normal university activities on university premises or university-organized activities off campus. These activities include, but are not limited to, studying, teaching, research, university administration, or fire, police, or emergency services
- Unauthorized entry into or use of university facilities or equipment
- Forgery, alteration, destruction, or misuse of university documents, records, identification cards, or papers
- Furnishing false information to the university or other similar forms of dishonesty in university-regulated affairs, including knowingly making false oral or written statements to any university disciplinary authority
- Failure to comply with reasonable directions of or refusal to present identification to university officials acting in the performance of their duties, or refusal to comply with their requests to report to an administrative office
- Knowingly violating the terms of any disciplinary sanctions imposed in accordance with this code
- Theft or attempted theft of property or services on university premises or at university-organized activities off campus; possession of stolen property on university premises or at university-organized activities
- Damage to university-owned or -controlled property or to that of any of its members or visitors
- Intentionally and substantially interfering with the freedom
of expression of others on university premises or at university-organized activities
- Intentionally initiating or causing to be initiated any false
report, warning or threat of fire, explosion or other emergency on university premises or at university-organized activities
- Physical abuse of any person or conduct that threatens or endangers the safety of others on university premises or at university-organized activities, including rape and sexual assault
- Hazing, defined as any action taken or situation created by students within a university group or organization that intentionally produces mental or physical discomfort, embarrassment, harassment, or ridicule for other students seeking to join or maintain membership in that group or organization
- Threatening, harassing, or abusive communications, by telephone, mail, or otherwise, directed at any member of the university community or a member's family
- Lewd or disruptive behavior, indecent or obscene conduct on university premises or at university-organized activities
- Use of cellular phones, pagers, and other electronic devices in a manner that causes disruption in the classroom, library, or within any university facility
- Use of electronic devices, including cellular devices with photographic capabilities, for purposes of photographing test questions, notes, or other materials for uses that violate the university's academic integrity policy or the law school's honor code
- Use of any device to photograph individuals in areas of the university in which they have a reasonable expectation of privacy (for example, bathrooms and locker rooms), to photograph any person on university property or at a university-organized activity against his or her will, or to transmit photographs electronically without the subject's permission.
III. Computer Misconduct
The following acts will be considered computer misconduct if they involve the use of university-owned computer equipment, facilities, hardware, or software (including the university computer network) or the use of private computer equipment on campus or during organized activities of the university or of registered student groups.
- vandalism, including physical abuse of hardware and knowingly compromising software or data
- theft of hardware, software, or data
- theft of computer time, including but not limited to using an account other than one's own or use of a computer for profit
- abuse in which a computer is used as a tool, including but not limited to consumer fraud, computer dating services, spam, launch of viruses, use of university email to threaten or intimidate any person or organization, or unauthorized accessing of other systems
- unauthorized use or possession of hardware, software, or data
- unauthorized access to information resources, hardware, software, data, or facilities in violation of any restriction or published guidelines on usage
- unauthorized alterations of software, programs or data, including but not limited to using the computer to create false records, to alter authentic records, or to reproduce confidential data
- intentional corruption, misuse, or stealing of software or data, including but not limited to the unauthorized copying of copyrighted programs or any other computing resource
- use of UB computing resources for personal or private financial gain without written authorization from the provost
- establishing an independent computer system that has not been authorized, including plugging personal computers into the university network without authorization from the chief information officer
- knowingly executing a program that may hamper normal computing activities at the university or elsewhere, without written authorization from the chief information officer
- retrieving or downloading images or information that promote conduct otherwise prohibited by any section of the Student Policies and Procedures Handbook
- violating the university's Academic Computer Center 's or the University System of Maryland 's regulations with regard to computer usage
- Disruptive Classroom Behavior
IV. Disruptive Classroom Behavior
The following procedures apply to situations where a student's behavior is unduly disruptive to the classroom learning environment, as determined by the faculty member in the classroom. The associate vice president for student affairs may impose an Administrative Withdrawal ("WA") grade after using the following procedures:
- the instructor shall inform the student in an individual conference that his or her behavior is disruptive to the classroom learning environment. The instructor shall also notify the student that if the behavior does not cease, the instructor will request that the student be administratively withdrawn from the class
- if the student's behavior does not improve, the instructor shall request in writing that the student be administratively withdrawn from the class. The instructor shall provide the associate vice president for student affairs with a written summary of the instructor's conference with the student
- the associate vice president for student affairs shall investigate the charges and meet jointly with the instructor and student to discuss the request as soon as possible, but in no event more than 14 calendar days after the request
- if the associate vice president believes it would be beneficial under the circumstances, she may recommend that the parties enter mediation so that they can have a facilitated discussion of the situation, with a mediator to be provided by the Center for Negotiations and Conflict Management
- if the student and professor are unable to reach an agreement during the discussions that occur under c. and d. above, and the associate vice president for student affairs finds the charges to be substantiated, he/she shall forward the instructor's request for administrative withdrawal to the registrar for action
- if, at any point in this process, the student's behavior poses an immediate threat of disruption to or interference with the normal conduct of the university or threatens the safety of the students or others at the university, the association vice president for student affairs may impose an interim suspension as described in these Student Policies and Procedures.
V. Violation Sanctions
Sanctions That May Be Imposed for Code of Conduct Violations
In cases involving violations of the Code of Conduct, one or more sanctions shall be imposed for each violation by a hearing board or by the associate vice president for academic affairs, as appropriate. Sanctions shall be commensurate with the seriousness of the offense and repeated violations will justify increasingly severe sanctions. Any sanction imposed will be recorded in the confidential disciplinary records of the associate vice president for student affairs.
Under the policies of the University System of Maryland, the appropriate sanction is presumed to be dismissal if a student has been convicted in a state or federal court or found responsible in a campus proceeding of rioting, assault, theft, vandalism, or breach of the peace related directly or indirectly to university-sponsored activities. If the appropriate person or board decides to impose a sanction less than suspension or expulsion for these violations, the decision must be supported by written findings, signed by the university's chief student affairs officer, and maintained with the student's disciplinary file.
The following sanctions may be imposed for code of conduct violations.
- Disciplinary Reprimand - A disciplinary reprimand is a written warning to the student that further misconduct may result in more disciplinary action.
- Loss of Privilege - Loss of privilege is withdrawal of university privilege(s) or the right to use university service(s) or being barred from the university premises for a period of time.
- Restitution - Restitution requires a student to pay for damages to or for misappropriation of property. Any student who knowingly damages or causes damage to occur to university property or that of its community members shall be required to pay full restitution within a specified period of time.
- Disciplinary Probation - Disciplinary probation is assigned for a specific period of time, during which a student must not violate the university's code of conduct. While on probation, a student shall not represent the university in any capacity nor hold office in student government or any other student organization.
- Administrative Withdrawal - Administrative withdrawal is the withdrawal of a student from one or more courses at the university for the current semester. The student may be considered for readmission in subsequent semesters in compliance with the academic admission standards then in effect.
- Disciplinary Suspension - Disciplinary suspension precludes a student from registration, class attendance, and use of university facilities for at least one semester but not more than one year. Disciplinary suspension is recorded for the term of the suspension in the student's academic record. Upon termination of the suspension, the record of the suspension will be removed from the student's file and the student shall be considered for readmission in compliance with the academic admission standards then in effect, subject to review by the appropriate academic dean. Credits for any course completed during a suspension are not acceptable transfer credits at the University of Baltimore.
- Disciplinary Dismissal - Dismissal is cancellation of the student's registration and all permissions and privileges related thereto. Dismissal is permanently recorded in the student's academic record. A student who has been dismissed is not eligible for readmission earlier than one year following dismissal and then only with the approval of the president. Credits for any course completed during a period of dismissal are not acceptable as transfer credits at the University of Baltimore .
- Disciplinary Expulsion - Expulsion is the permanent dismissal of the student by the president of the university from registration, class attendance, and the use of university facilities. Expulsion is permanently recorded on the student's academic record.
- Interim Suspension - An interim suspension requires that a student immediately leave the campus. It may be imposed upon the student for a period of not more than 30 days by the associate vice president for student affairs, with concurrence of the president. An interim suspension may be imposed when the associate vice president has reason to believe that:
- the safety and well-being of students, faculty or university property are in jeopardy; or
- the student's own physical or emotional safety is in jeopardy; o
- the student poses an immediate threat of disruption to or interference with the normal conduct of the university.
In enforcing this sanction, the associate vice president for student affairs may rely upon information supplied by others. If any student returns to campus during this interim suspension without written permission from the associate vice president for student affairs, aside from returning solely to attend a disciplinary hearing, the student will be subject to disciplinary dismissal or disciplinary expulsion.
- Presidential Powers - In the event of a mass disruption of the university by a group of students, the president may suspend the hearing board procedures and impose interim suspension(s) immediately. The president may then appoint a magistrate who is not part of the university community and who is qualified in the president's judgment to hear all cases. The magistrate has full power to impose all university sanctions.
- Other Sanctions - O ther sanctions such as delay of graduation, community service, educational requirements, seminar attendance and research paper assignments may be imposed when deemed appropriate.