Student Conduct Process

McDaniel College emphasizes the concept that the student conduct process in college has basic characteristics peculiar to itself and should be distinguished sharply from law enforcement or legal judicial proceedings. Every attempt is made, however, consistent with educational goals, to provide procedural fairness to a respondent and to protect him/her from unfair imposition of serious penalties.

The Campus Life Offices or a member of the College community alleging misconduct on the part of a student or student organization should file a written complaint with the Department of Campus Safety. The Associate Dean of Students reviews the complaint, conducts a preliminary investigation to determine the seriousness of the allegations, if necessary, and if appropriate, assigns the matter to a conduct officer to resolve. If the incident involves allegations of a serious nature possibly resulting in suspension or expulsion, an Honor and Conduct Board Hearing will be conducted to resolve the matter. The following summary of the most common processes used to address matters of student and student organization misconduct is offered so that the College community may become familiar with the process in general.

An administrative conference occurs when documented information is received about conduct that may not uphold the expectations set forth in the Code of Student Conduct. The administrative conference will be called by one of the following conduct officers: the Associate Dean of Students, the Assistant Director of Residence Life, or an Area Coordinator.

The following is a list of principles to ensure fairness in all administrative conferences.

1.     The student will be informed, in sufficient time, that information has been received about their conduct and an administrative conference is being scheduled for them with a conduct officer. Forty-eight hours is considered sufficient time.

2.     Both respondents and complainants may choose to bring a support person of their choice to the conference. The support person must be a full time member of the College community (faculty, staff and/or student) who does not have formal legal training. Legal representation is not allowed in the administrative conference process. The role of the support person is to meet with the student to discuss the complaint prior to the conference. A support person may not speak on behalf of the student, ask or answer questions during the conference process.

3.     A student will be given an opportunity to speak on their own behalf, present relevant information and request that witnesses who possess first hand information about an incident speak with the conduct officer.

4.     The student will be advised of the complaint made against them, of the name(s) of those who made it, and offered the opportunity to respond to the statement(s).

5.     The student will be aware of all the documented information being reviewed and offered the opportunity to respond.

6.     All information upon which the decision is based must be introduced at the conference.

7.     Prior to the determination of sanctions, the total student conduct record of the student will be reviewed, including previously assigned sanctions, if any.

8.     The decision of the conduct officer and sanction(s) imposed are final, subject only to the student’s ability to appeal to the Associate Dean of Students or designee. All appeals must be submitted online by the student within three (3) business days of the decision, stating clearly the basis for the appeal. The sanction(s) may be suspended until the appeal is considered and the student is notified of the outcome. The Associate Dean of Students will assign the appeal to the appropriate appeals officer. Appeals may be made on the following grounds only: Student Conduct Process was not administered appropriately; absence of sufficient information to support the findings; sanction(s) not appropriate based on the findings; or new information. Dissatisfaction with an outcome is not grounds for an appeal. The appeals officer will consider the written appeal; appeals may be dismissed by the appeals officers if not sought on proper grounds or the appeal criteria is not met. The purpose of an appeal is not to rehear the original complaint but to review the fairness of the process and decisions made by the original discipline officer. The appeals officer may, however, choose to consult with individuals involved in order to clarify ambiguities in the complaint. Decisions made by the appeals officer are final.

Alternative Adjudication Process (Academic Violations)

The Honor and Conduct Board resolves two types of complaints, those involving:

• academic dishonesty matters and;

• matters that could result in suspension or expulsion from the College because of the level of severity of the allegations and/or an individual student’s previously assigned sanctions.

I. Function of the Board

The Honor and Conduct Board will consider complaints of misconduct as specified in the Code of Student Conduct including complaints that a student has violated a policy which governs the academic program of the College, e.g. cheating, plagiarism. When an academic incident is reported, the board will follow the Honor System procedures. When a non-academic incident is reported, the board will follow the Conduct Procedures.

II. Composition of the Board

A group of approximately 10 faculty members and 10 students serve on the Honor and Conduct Board. Faculty members are elected annually for three-year terms. Student members are selected by the Campus Life Deans and serve until graduation. Vacancies are filled each year from the freshman, sophomore and junior classes. Interested students must participate in the Honor and Conduct Board Selection Process for the privilege of selection. To qualify for membership, students must be in good academic standing and their conduct records must be free of Code of Student Conduct violations.

III. Honor System Procedures (Academic Violations)

Information about an alleged infraction is forwarded to the Dean of the Faculty who then refers the matter to the Honor and Conduct Board if the information warrants a hearing.

Notification

When instances of academic dishonesty are discovered, the faculty member responsible for the course will inform the Dean of the Faculty with supporting detail. If the incident consists of misuse of library materials and privileges, it should be reported to the librarian, who must then report to the Dean of the Faculty. Examples of Honor Code violations are referred to in the Honor System section of this handbook and are incorporated into the procedures by this reference.

Investigation

The faculty member responsible for the course is expected to investigate thoroughly the alleged incident of academic dishonesty prior to the hearing. When the situation requires it, the Dean of the Faculty will designate an investigative team composed of a faculty member and a senior major from the department in which the alleged violation occurred. The investigative team will report to the Dean of the Faculty in a timely manner. When the investigation is complete, the Dean of the Faculty will notify the designated academic dean if a hearing is required.

Hearing Procedures

The designated academic dean shall appoint two students and two faculty members from the Honor and Conduct Board to serve as a hearing board.  The designated academic dean serves as the hearing board chairperson. The hearing should be convened within a reasonable period of time from the report of the alleged violation.

1. Students referred to the Board for disciplinary action must be informed in sufficient time of the hearing of the charges being brought against them and of the time and place set for the hearing.  Forty-eight hours is considered sufficient time.
2. Students referred to the Board must appear at the time set by the Board. If students fail to appear, the hearing will happen in absentia.
3. Students referred to the Board and students making complaints of misconduct will have the right to a support person of their choice from the College community (faculty, staff, student body) who does not have formal legal training. Support persons may not participate in the hearing but are present to assist a student.
4. The Board Chair may require witnesses who have relevant information about an incident to appear and speak to the board.  Failure to serve as a witness when required to do so will most likely result in a referral to the Student Conduct Process for failing to comply with a College official.
5. Formal rules of evidence will not be applicable to hearings, and any information which the board believes to be relevant to a fair determination of the charges specified in the hearing notice may be admitted. Prehearing procedural questions must be raised prior to the start of the hearing or be waived.
6. Potential witnesses for the respondent must submit a written statement to the Academic Life Office regarding the incident no later than 48 hours prior to a hearing  Respondents should email the hearing board chair with the names of their potential witnesses within 48 hours of the hearing. The hearing board chair will determine if the written information submitted is relevant and if the witness can appear before the Board.  It is the responsibility of the respondent to contact potential witnesses to submit a statement to the Academic Life Office and to arrange for those approved witnesses to attend the hearing.
7. Witnesses with information solely about an individual’s character are not permitted.  
8. The chair of the Board may determine that the hearing can proceed if one board member is absent.
9. All students appearing before the Board (complainants, respondents, and witnesses) are expected to provide truthful information.  Failure to give truthful information to the Board is a serious offense, and may lead to the offender being referred to the Student Conduct Process for dishonesty.  All students appearing before the Board will be informed of this fact.
10. Normal sequence of events. (Not Required)
    1. Charge(s) are presented in the presence of the respondent.
    2. The respondent is asked to respond to the charge(s).
    3. Documentation in support of the charge(s) is presented in the presence of the respondent.
    4. Witnesses in support of the charge(s) appear in the presence of the respondent.
    5. The respondent provides information about the charge(s) in question.
    6. Documentation in support of the respondent is presented in the prescence of the respondent.
    7. Witnesses in support of the respondent appear before the Board.
    8. Determination if clarification of the information provided by the witnesses is required by the Board.
    9. Re-examination of any witnesses, if required by the Board.
    10. Deliberation (board members only).
        1. Determination of the finding(s) based on the preponderance of evidence standard of proof.
        2. In instances where deliberations result in a tied vote, the hearing chair, who ordinarily does not vote, shall vote to break the deadlock.
        3. If a student is found responsible for violating the Code of Student Conduct, the student’s conduct record will be reviewed in order to determine the sanctions to be imposed.
    11. Notification of the respondent of the decision(s) of the board and advisement of the appeal process. The findings and sanctions shall be confirmed in writing.
11. The role of the Board is to determine whether the allegations are true or not by a preponderance of the evidence, the extent of the involvement of the respondent, and to apply an appropriate sanction in the interests of the student’s development and the welfare of the total College community.
12. The Board may recess at any time a majority of the members so indicate.
13. All hearings will be recorded to aid the appeal process. Recordings of hearings remain confidential and are the property of McDaniel College.
14. The recorded hearing will be available for review by:
    1. The respondent 
    2. Members of the Hearing Board
    3. Members of the Appeals Board
    4. Hearing Board Chairperson
15. The Board may, at its discretion, invite a resource person to the hearing. The resource person may respond to questions in the presence of the complainant and the respondent; however, the resource person may not be present during the deliberation.
16. Results of a hearing including only (1) the findings (excluding any names) and (2) the sanction, may be released by the Academic Life Office to the campus upon the conclusion of the Student Conduct Process.

Conduct of the Members of the Board

1. Members of the Board will excuse themselves from a particular hearing if they are unable to maintain impartiality. Any member who does excuse themself may not be present in any capacity other than that of witness, complainant, accused, or support person to the respondent.
2. No member will disclose to anyone other than the members of the Board the degree of harmony or unanimity of the Board or the opinions or votes of any members of the Board.

Board Members Not Readily Available
 

During summer school, holiday periods, January Term or when members of the board are not available, the hearing board chair may appoint an appropriate board from among the faculty, students, and administrative staff of the College. The hearing board chair may determine that a hearing can proceed if one member is absent.

Penalties

For first violations of the honor code, the sanctions assigned range from a “zero” on the assignment to an “F” in the course. In some flagrant cases—or in cases of multiple violations—the sanction may be suspension from the College.

IV. Conduct Procedures (Non-Academic Violations)

Any situation involving student conduct that could result in suspension or expulsion from the College because of the severity of the allegations and/or an individual student’s previously assigned sanctions is referred to the Honor and Conduct Board. When the Associate Dean of Students or designee determines that a possible sanction if found responsible would likely be suspension or expulsion, the Associate Dean of Students will convene the Conduct board. The Board consists of two faculty members, two student members, and the Associate Dean of Students or designee serves as the Hearing Board Chairperson.

Hearing Procedures

1. Students referred to the Board for disciplinary action must be informed in sufficient time of the hearing of the charges being brought against them and of the time and place set for the hearing.  Forty-eight hours is considered sufficient time.
2. Students referred to the Board must appear at the time set by the Board. If students fail to appear, the hearing will happen in absentia.
3. Students referred to the Board and students making complaints of misconduct will have the right to a support person of their choice from the College community (faculty, staff, student body) who does not have formal legal training. Support persons may not participate in the hearing but are present to assist a student.
4. The Board Chair may require witnesses who have relevant about an incident to appear and speak to the board.  Failure to serve as a witness when required to do so will most likely result in a referral to the Student Conduct Process for failing to comply with a College official.
5. Formal rules of evidence will not be applicable to hearings, and any information which the board believes to be relevant to a fair determination of the charges specified in the hearing notice may be admitted. Prehearing procedural questions must be raised prior to the start of the hearing or be waived.
6. Potential witnesses must submit a written statement to the Department of Campus Safety or the Hearing Board Chair regarding the incident no later than 48 hours prior to a hearing.  Both parties should email the hearing board chair with the names of their potential witnesses within 48 hours of the hearing. The hearing board chair will determine if the written information submitted is relevant and if the witness can appear before the Board.  It is the responsibility of both parties to contact potential witnesses to submit a statement to the Department of Campus Safety or the hearing board chair and to arrange for those approved witnesses to attend the hearing.
7. Witnesses with information solely about an individual’s character are not permitted.  
8. The chair of the Board may determine that the hearing can proceed if one board member is absent.
9. All students appearing before the Board (complainants, respondents, and witnesses) are expected to provide truthful information.  Failure to give truthful information to the Board is a serious offense, and may lead to the offender being referred to the Student Conduct Process for dishonesty.  All students appearing before the Board will be informed of this fact.
10. Normal sequence of events. (Not Required)
    1. Charge(s) are presented in the presence of the respondent.
    2. The respondent is asked to respond to the charge(s).
    3. Documentation in support of the complainant/charge(s) is presented in the presence of both parties. 
    4. Witnesses in support of the charge(s) appear in the presence of both parties.
    5. The respondent provides information about the charge(s) in question.
    6. Documentation in support of the respondent is presented in the prescence of both parties.
    7. Witnesses in support of the respondent appear before the Board.
    8. Determination if clarification of the information provided by the witnesses is required by the Board.
    9. Re-examination of any witnesses, if required by the Board.
    10. Deliberation (board members only).
        1. Determination of the finding(s) based on the preponderance of evidence standard of proof.
        2. In instances where deliberations result in a tied vote, the hearing chair, who ordinarily does not vote, shall vote to break the deadlock.
        3. If a student is found responsible for violating the Code of Student Conduct, the student’s conduct record will be reviewed in order to determine the sanctions to be imposed.
    11. Notification of the respondent of the decision(s) of the board and advisement of the appeal process. The findings and sanctions shall be confirmed in writing.
11. The role of the Board is to determine whether the allegations are true or not by a preponderance of the evidence, the extent of the involvement of the respondent, and to apply an appropriate sanction in the interests of the student’s development and the welfare of the total College community.
12. The Board may recess at any time a majority of the members so indicate.
13. All hearings will be recorded to aid the appeal process. Recordings of hearings remain confidential and are the property of McDaniel College.
14. The recorded hearing will be available for review by:
    1. The respondent 
    2. Members of the Hearing Board
    3. Members of the Appeals Board
    4. Hearing Board Chairperson
15. The Board may, at its discretion, invite a resource person to the hearing. The resource person may respond to questions in the presence of the complainant and the respondent; however, the resource person may not be present during the deliberation.
16. Results of a hearing including only (1) the findings (excluding any names) and (2) the sanction, may be released by the Dean of Students Office to the campus upon the conclusion of the Student Conduct Process.  If a respondent is found responsible for violating the Code of Student Conduct as it pertains to physical violence, the College may release the name of the respondent as well as the nature of the violation and sanctions imposed, to the extent permitted by law.  Complainant’s names will not be released.

V. Conduct of the Members of the Board

1. Members of the Board will excuse themselves from a particular hearing if they are unable to maintain impartiality. Any member who does excuse themselves may not be present in any capacity other than that of witness, complainant, accused, or support person to the respondent.
2. No member will disclose to anyone other than the members of the Board the degree of harmony or unanimity of the Board or the opinions or votes of any members of the Board.

VI. Members Not Readily Available

During summer school, holiday periods, January Term, or when members of the Board are not available, the Dean of Students or designee may appoint an appropriate board member from among the students, faculty and administrative staff of the College. The hearing board chair or designee may determine that a hearing can proceed if one member is absent.

I. Function of the Board

The Appeals Board meets at the request of the Dean of Students (for Non-Academic Violations) or the Dean of the Faculty (for Academic Violations) to consider an appeal of findings and/or sanctions imposed by the Honor and Conduct Board. Appeals must be submitted by the student online, stating clearly the basis for the appeal; appeals may be dismissed by the appeals board if not sought on proper grounds or the appeal criteria is not met. Dissatisfaction with an outcome is not grounds for an appeal.

II. Composition of the Board

In conduct matters, the Appeals Board consists of the Dean of Students; the Provost; and a student selected by the Dean of Students.
In academic matters, the Appeals Board consists of the Dean of the Faculty: a faculty member and a student selected by the Dean of the Faculty.

If a member of the Appeals Board cannot serve for a particular matter, their place will be filled by an alternate. Alternates will be present only when filling a vacancy. Alternates will be: Provost, Dean of Students, an Associate Dean; faculty or student selected by the Dean of Students or by the Dean of the Faculty.

The assigned sanction(s) may be suspended until the appeal is considered and the student is notified of the outcome

III. Officer of the Board

Convener: The Dean of Students (conduct matters) or Dean of the Faculty (academic matters) will receive appeals and may convene the Board to consider them if appeal criteria is met.

IV. Conduct of the Members of the Board

1. Every member of the Appeals Board has the right to speak and vote freely. It is the responsibility of every member of the Board to vote.
2. A member of the Board will disqualify themself in a particular matter if they are unable to maintain impartiality. Any member who so disqualifies themselves will not be present.
3. No member will disclose to anyone the degree of harmony or unanimity of the Board nor the opinion or vote of an individual member.

V. Basis for an Appeal

A respondent can appeal a disciplinary decision if they believes that any or all of the following criteria for an appeal exist:

1. Student Conduct Process was not followed appropriately;
2. Absence of sufficient information to support the findings;
3. Sanction(s) not appropriate based on the findings.
4. New information.

VI. Procedures

1. The Appeals Board will consider the merits of a written appeal of an individual involved. The Board does not hear testimony from individuals as its purpose is not to provide a rehearing but is to review the fairness of the process and decisions made by the original board. The Appeal Board may review the information presented in the original hearing and/or listen to any recording of the original hearing together with a review of the student’s conduct record as a whole. The Board may, however, consult with individuals in order to clarify ambiguities in the case. The Chair of the Appeal Board may determine that an appeal can proceed if one member is absent.
2. The Appeals Board can reach one of the following decisions:
   1. Uphold the original finding and/or sanction
   2. Reverse a decision because:
      1. Student Conduct Process not adhered to appropriately
      2. Absence of sufficient information to support the finding 
   3. Mitigate a sanction because the sanction is not appropriate based on the finding(s)
   4. Return the matter to the Honor and Conduct Board for a rehearing because:
      1. Student Conduct Process not adhered to appropriately

VI. Appeals Notification

The Appeals Board will report the outcome in writing to the respondent in a timely manner.

VII. Members Unavailable

During summer school, holiday periods, January Term, or when members of the board are not available, the Dean of Students or the Dean of the Faculty may appoint an appropriate board from the faculty, student, or administrative staff of the College.

1. The Dean of Students or designee may temporarily suspend, withdraw, and/or modify privileges of, without notice or hearing, a student for so long as may be necessary to investigate a matter and/or conduct a hearing or complete an individualized risk assessment when in the Dean’s judgment the safety of the campus community may be impaired, or property may be damaged.  
2. The Dean of Students or designee may withdraw and/or modify privileges of or suspend the operations of any campus organization for so long as may be necessary to investigate a matter and/or conduct a hearing, complete an informal resolution process, ensure a student’s own physical or emotional safety and well-being, or address potentia forl or ongoing disruption of, or interference with, the normal operations of the College.  
3. In accordance with the charter and bylaws of the College, the President of the College has general administrative authority over all aspects of College life and in accordance with the bylaws has delegated specific responsibilities for student conduct to the Dean of Students in cooperation with officially designated committees. 

In exceptional cases bearing upon the College community as a whole and for the protection of the student’s privacy, the Dean of Students may appoint a Special Board of people chosen from the faculty, students, and/or staff of the College. Prior to the hearing, the respondent may challenge one member of the board without cause. A challenge will be presented in writing to the Dean of Students at least 24 hours prior to the scheduled time of the hearing.

Special Procedures for Student Organizations

At McDaniel College, a student organization (defined as any group, team or Greek organization recognized by the College) may be held responsible under the Code of Student Conduct for potential misconduct by its individual members and their guests. This action is separate and distinct from any disciplinary action taken against individual members. The decision to hold an organization accountable under the Code of Student Conduct will be determined based on the facts and circumstances of an incident, including but limited to the following criteria:  

• The action(s) were committed or condoned (actively or passively) by one or more officers or authorized organization representatives acting in the name or on behalf of the organization.  
• The action(s) were committed or condoned (actively or passively) by multiple members of the organization, its alumni, or their guests. 
• The action(s) occurred at or in connection with an activity or event funded, sponsored, publicized, advertised, or promoted by the organization. 
• The action(s) occurred at a location in which the organization had control at the time of the action(s), including reserved campus spaces, on or off campus housing where members of the organization reside, non-McDaniel College venues rented by the organization at the time, or other satellite locations. 
• The action(s) occurred at or in connection with an activity or event that an observer would associate with the organization. 
• The action(s) involved the expenditure of organizational funds or funds collected by individual members in the name of, for or on behalf of the organization. 
• The action(s) would be attributable to the organization under College or external policies or procedures applicable to the organization, including local, national or international risk management guidelines. 
• The action(s) were taken by individuals who, but for their affiliation with the organization, would not have been involved in the incident. 
• The organization, or any member acting on its behalf, fails to complete or violates the terms of any interim measure, disciplinary measure or sanction. 
• Other appropriate factors. 
   

Student Organization Conduct

I. Complaints

Any member of the College community may make a written complaint to the Associate Dean of Students or the Department of Campus Safety for an alleged violation of the Code of Student Conduct by a student organization. Complaints should be made as soon as possible after the alleged misconduct takes place and include the specific Code of Student Conduct charge(s) in question. For complaints involving a Greek Organization, the matter may be referred to the Director of the Office of Student Engagement. For complaints involving an athletics team, the matter may be referred to the Athletics Director. The Associate Dean of Students will be directly involved with cases involving student organizations. 

II. Investigations

The Associate Dean of Students may conduct an investigation in conjunction with another campus office to determine if the complaint and alleged charges have merit and if so, how the matter may be resolved.

III. Informal Resolutions

Based on the documented information, the Associate Dean of Students may determine that a complaint can be resolved informally with the parties involved in a way that is acceptable to the parties and the Associate Dean of Students. Complaints resolved informally shall be final and there shall be no subsequent proceedings. If the charges cannot be resolved informally, the Associate Dean of Students will assign the matter to a student conduct officer or the Honor and Conduct Board who will adjudicate the case. The Associate Dean of Students may also determine that the informal resolution process is not appropriate for a complaint based on the facts and circumstances reported.  

The Associate Dean of Students may confer with the student organization’s advisor(s), inter/national headquarters and/or other faculty and staff with a relationship to the student organization to solicit advice and recommendations regarding the case. In cases involving fraternities and sororities, the inter/national headquarters and alumni advisors may accept informal resolutions on behalf of the undergraduate organization. 

IV. Formal Resolution

If the complaint cannot be resolved informally, the Associate Dean of Students will assign the matter to a student conduct officer or the Honor and Conduct Board who will adjudicate the case, following the procedures outlined in Honor and Conduct Board IV. Conduct Hearings (Non-Academic Violations) with the following modifications: 

• The President or designee serves as the representative of the organization and will be the main point of contact for all correspondence.
• Two members of the organization may be present at the hearing to represent the group, specifically the President and one other member who was present during the incident in question.
• The Advisor is permitted to serve as the support person but is not required. If not the organization advisor, the support person must be a member of the College community (faculty, staff, student body) who does not have formal legal training. Support persons may not participate in the hearing but are present to assist a student(s).

V. Appeals 

Please see the Appeals Board section for more information about how to submit an appeal to the Dean of Students. If the complaint was referred to an individual student conduct officer and not the Honor and Conduct Board, the Dean of Students will hear the appeal. If referred to the Honor and Conduct Board, the appeals board procedures for non-academic violations will be followed. 

Special Procedures for Addressing Charges of Sexual and Gender-Based Misconduct Adjudicated by the Honor and Conduct Board

I. Relationship to Policy Against Sexual and Gender-Based Misconduct and Other Forms of Interpersonal Violence.

• These Special Procedures for Addressing Charges of Sexual and Gender-Based Misconduct Adjudicated by the Student Conduct Board (the “Special Proceedings”) are intended to work in concert with the intake and investigative procedures set forth in the Policy Against Sexual and Gender-Based Misconduct and Other Forms of Interpersonal Violence (the “Sexual Misconduct Policy”).  Additionally, the definitions set forth in Section III of the Sexual Misconduct Policy apply to these Special Proceedings.
   
• Due to the sensitive nature of sexual misconduct, additional considerations are afforded to the Complainant and Respondent in cases involving violations  of the Sexual Misconduct Policy that are referred to the Student Conduct Process for adjudication after the investigative procedures as set forth in the College’s Sexual Misconduct Policy are completed.  Any supportive measures implemented by the Sexual Misconduct Response Team will continue to remain in place unless circumstances warrant modification or termination of such supportive measures as determined by the Sexual Misconduct Response Team.
   
• If accommodations for pregnancy, disability, religion or otherwise are needed at any time to report or participate in any part of the policy/process described within, please contact the Title IX Coordinator at 410-857-2205.

II.         Referral of Investigative Report

• The Title IX Coordinator or designee upon reviewing the investigative report and making any required redactions, shall forward a copy of the redacted report and any other relevant materials, including copies of materials related to supportive measures, to the Associate Dean of Students.

• In general, prior to forwarding on the report, the Title IX Coordinator or designee may redact information that is irrelevant, excluded under the relevant adjudicatory conduct process, more prejudicial than probative, or immaterial. The Title IX Coordinator or designee may redact statements of personal opinion, rather than direct observations or reasonable inferences from the facts, and statements as to general reputation for any character trait, including honesty. The report and materials may be redacted when necessary to protect privileged or confidential information, to protect the safety or well-being of individuals involved in the investigation, or to comply with the provisions of the Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and Privacy Act (HIPAA) or any other applicable state and federal regulation.

A.        Hearing Coordinator

The Title IX Coordinator, Associate Dean of Students, or a designee will serve as the Hearing Coordinator once any matter is referred to these Special Proceedings.  The purpose of the Hearing Coordinator will be to serve as a point of contact for the parties and witnesses; to coordinate with other college officials for any matters related to these proceedings; and to assist the Board Decisionmaker(s), the Parties, and Witnesses with any technical or administrative issues during the Hearing. The hearing coordinator has no decision-making power.  In the event of technical difficulties, the hearing coordinator will make appropriate accommodations to ensure a prompt, thorough, and equitable hearing.

B.        Option to Consolidate Cases

• The Associate Dean of Students in consultation with the Title IX Coordinator may consolidate multiple cases and/or incidents to resolve as a single case through the Student Conduct Board under the following circumstances:

1. The Respondent is alleged to have been involved in multiple incidents of sexual misconduct with the same Complainant;
2. The Respondent is alleged to have been involved in incident(s) of sexual misconduct with multiple Complainants; or
3. More than one Respondent is alleged to have been involved in incident(s) of sexual misconduct with the same Complainant.

In cases of consolidation, the Board Decisionmaker(s) shall have the right to sequester parties and witnesses for all or part of the hearing if they determine circumstances so require.  This shall not disturb the right of any party to be present for any part of their case, including but not limited to: making a closing statement, submitting written questions, or hearing testimony from an opposing party or any witness.

III.        Investigative Report

A.        Process for Review of the Investigative Report

• The Hearing Coordinator shall ensure that a copy of the draft investigative report is made available for inspection to the parties in the Office of the Dean of Students or other designated area. Given the confidential nature of the materials and proceeding, the parties will be required to sign an agreement not to disseminate any of the evidence subject to inspection and review.  Any violation of the agreement may result in additional misconduct charges against a party or other legal action.
• The parties shall have an opportunity to review the investigative report and information gathered, including witness statements and other relevant materials, no less than 10 days prior to the hearing on this matter.
• Parties are not allowed to make copies of the investigative report, nor are they permitted to bring any electronic devices with them in viewing the report that would enable them to copy the report.
• The parties, however, may take notes on the content of the report.   

B.        Process to Respond to the Investigative Report

• Both parties will have an opportunity to respond in writing to this information within a determined five calendar day period of time. 
• The parties’ responses, if any, shall be appended to the investigative report and provided to the hearing panel. 
• The parties may request to review the other party’s written investigative response statements once they have been submitted.

C.        New Evidence

• If at any stage following the submission of the parties’ investigation responses, new relevant evidence is gathered, it will be shared with the parties, who will have an opportunity to submit an additional written response within a time frame determined by the Title IX Coordinator, Associate Dean of Students, and/or designee.

IV.       Pre-Hearing Procedures

A.        Board Decisionmaker(s): composition and appointment.

• The Hearing Coordinator or designee will assign, at the College’s discretion, either an external hearing officer or a panel of not more than three faculty and staff members who serve on the Honor and Conduct Board or the Faculty Inclusion and Diversity Committee (“the Decision Panel”) to hear a case arising under these Special Proceedings. 
• Any Board decisionmaker must have special training on cases of sexual misconduct: the factors relevant to a determination of credibility; the appropriate manner in which to receive and evaluate sensitive information; the manner of deliberation; evaluation of consent and incapacitation; the application of the preponderance of the evidence standard; sanctioning; and the College’s policies and procedures. The Title IX Coordinator or designee in conjunction with campus and external partners will coordinate annual training for faculty that may be eligible to hear a case arising under these Special Proceedings. 
• The Board decisionmaker will review the investigative report once appointed and prior to the hearing.
• The role of the Board decisionmaker is to determine whether the allegations are true or not, the extent of the involvement of the respondent, and to apply an appropriate sanction in line with the procedures on sanctions set forth in Section XII(E) of the Sexual Misconduct Policy.  
   
• Recusal.  If a Board Decisionmaker(s) knowledge of either the Complainant or the Respondent prevents an objective decision, they must excuse themselves from a hearing. A Board Decisionmaker will also excuse themselves from a particular hearing if they are unable to maintain impartiality. Any member who does excuse themself may not be present in any capacity.

B.        Opportunity to Object to Board Decisionmaker(s)

• The Parties will be given notification of the name of the Board decisionmaker(s) within 5 calendar days of the hearing for purposes of permitting objections on the basis of potential conflicts of interest.
• All objections must be made in writing and delivered to the Hearing Coordinator within 24 hours of receiving notification of the names. The complainant or respondent should explain the conflict of interest. The Hearing Coordinator will respond to the objection in writing within 48 hours with a decision, and if necessary, the name of the new board member assigned to replace the removed board member.

C.        Notice of Hearing Time and Location

• The parties will be notified of the time and place of the hearing at least 5 (five) calendar days prior to the hearing date. 

D.        Opportunity for Pre-Hearing Conference

• Both Parties shall have the opportunity to attend a pre-hearing conference meeting with the Hearing Coordinator as well as the Title IX Coordinator and/or the Associate Dean of Students in order to receive an explanation of the Student Conduct Process as it relates to sexual misconduct hearings. The pre-hearing conference will review the hearing process, provide the parties the opportunity to ask questions, and specifically inform the parties that they have the ability to submit witness lists, evidence and written questions in advance for the Board Decisionmaker(s) to ask of the other parties (including investigator and/or witnesses) at least 5 (five) days prior to the hearing. Any individuals included on the witness list must have been interviewed by the investigator. The Board Decisionmaker(s) reserve the right to determine the witnesses called to testify and the appropriateness and relevance of the questions.

E.        Notification of Witnesses

• Both parties will be given notification of the names of witnesses who will be called to appear at the hearing within 24 hours of the hearing.

V.        Special Hearing Procedures for Student Conduct Hearings

A hearing of the Honor and Conduct Board in a matter arising under the Sexual Misconduct Policy will be conducted in accordance with these rules and procedures, with special sensitivity to the nature of the charge and the best interests of the parties involved as outlined in these Special Procedures.

A.        Expectations of Witnesses and Parties before the Board:

• The Complainant and Respondent who are referred to the Board must appear at the time set by the Board Decisionmaker(s). If either student fails to appear, the hearing will happen in absentia.
• All students appearing before the Board Decisionmaker(s) (Complainants, Respondents, and witnesses) are expected to provide truthful information.  Failure to give truthful information is a serious offense and may lead to the offender being referred to the Student Conduct Process for dishonesty.  All students appearing before the Board Decisionmaker(s) will be informed of this fact.
• The Parties will be allowed to be present throughout the hearing, but not during the deliberations.
• The Parties will be sequestered from one another throughout the hearing (e.g.,: they will be in different rooms, participate by phone, or Zoom, etc.)
• The Parties will be allowed to utilize their support person(s)/advisor to accompany them throughout at any hearing, meeting, or interview. The support person(s)/advisor may not be a witness or other party in the proceeding. The support person(s)/advisor has no speaking role in the process and are not permitted to ask or answer questions. The support person may only provide advice to the Complainant or Respondent in a non-disruptive manner. Individuals should select a support person whose schedule allows attendance at any scheduled meetings. Delays will not normally be allowed due to the scheduling conflicts of a support person. All communication regarding the process will be directed to the Complainant or Respondent. A support person(s)/advisor will not be permitted to communicate on the Complainant or Respondent’s behalf. A  Board Decisionmaker, Hearing Coordinator, or other McDaniel representative may terminate meetings and proceed with the hearing, investigation or other process if the support person/advisor refuses to comply with these guidelines

B.        Evidence before the Board

• Formal rules of evidence will not be applicable to hearings, and any information found in the investigative report, exhibits thereto, or witness testimony at the hearing which the Board Decisionmaker(s) believes to be relevant to a fair determination of the charges specified in the investigative report may be considered. Prehearing procedural questions must be raised prior to the start of the hearing or be waived.
• Statements or questions regarding the past sexual history of both the Complainant and Respondent will not be information considered relevant at the hearing.
• The Respondent’s student record, including prior sanctions for sexual assault violations, may be relevant with regard to the sanctioning phase of the hearing with respect to for subsequent violations of the Code of Student Conduct.
• Character witnesses are not permitted.
• Prior Sexual History

  • If applicable, generally, complainant’s prior sexual history is not relevant and will not be admitted as evidence in the resolution process. Where there is a current or ongoing relationship between the parties, and the respondent alleges consent, the prior sexual history between the parties may be relevant to assess the manner and nature of communications between the parties. As noted in other sections of this policy, however, the mere fact of a current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Any prior sexual history of the complainant with other individuals is typically not relevant and will not be permitted.

  • A party’s sexual history with anyone other than the complainant or respondent may be relevant only under very limited circumstances to prove motive, prior sexual misconduct, assess credibility if a party has put their own prior sexual conduct at issue, or to explain an injury or physical finding.

• Mental Health

  • A party’s own history of mental health, counseling, treatment, or diagnosis will not be considered or documented in the investigative report, unless the party consents.

C.        Special Hearing Procedures

• The typical order of the student conduct hearing is set forth below. The order of the interviews during the hearing will be determined by the Board Decisionmaker(s), who may deviate from this structure as circumstances warrant.

1. Charge(s) are presented in the presence of the Respondent.
2. Documentation in support of the Complainant/charge(s) is presented in the presence of both parties. 
3. The Complainant provides information about the charge(s) in question.
4. Witnesses in support of the charge(s) appear in the presence of both parties.
5. The Respondent provides information about the charge(s) in question.
6. Documentation in support of the Respondent is presented in the presence of both parties.
7. Witnesses in support of the Respondent appear before the Board Decisionmaker(s).
8. Determination if clarification of the information provided by the witnesses is required by the Board Decisionmaker(s).
9. Re-examination of any witnesses, if required by the Board Decisionmaker(s).
10. Both the Complainant and the Respondent have an opportunity to provide a final statement.  

D.        Opportunity to Submit Questions in Writing to Board Decisionmaker(s) Required

• The parties will have the opportunity to ask relevant questions to any party or witness appearing at the hearing. The Complainant and Respondent are not permitted to ask questions directly to each other or to witnesses during the hearing but will be permitted to submit relevant questions in writing  to the Board Decisionmaker(s), who in turn, will ask the questions during the hearing.  The Board Decisionmaker(s) reserve the right to determine the appropriateness and relevance of the questions.

VI.       Deliberation, Sanctions, and Appeals

After all of the information has been reviewed; the Board Decisionmaker(s) will deliberate in private and render a decision within two (2) business days of the final panel meeting. The Board Decisionmaker(s) will rely on the Investigative Report, evidence appended thereto, and the testimony heard during the hearing for its determination of the relevant facts of the case. The Hearing Coordinator, and/or designee will remain for deliberations, but may not participate in the deliberations and may not vote.

• The Board Decisionmaker(s) will determine a Respondent’s responsibility for each charge by a preponderance of the evidence[JK1]  standard. This means that they will decide whether it is “more likely than not,” based upon all of the relevant information, that the Respondent is responsible or not responsible for the alleged charged violation(s). Only the decision on responsibility will be shared with the parties, not the content of the deliberation discussion.
• If the Board Decisionmaker(s) finds the Respondent responsible, they will then determine appropriate sanctions.   The Hearing Coordinator shall ensure that the Board Decisionmaker(s) then have access to the Respondent’s student conduct record.  The sanctions shall be determined using the procedures set forth in Section XII(E) of the Sexual Misconduct Policy.
• Within two business days of the conclusion of the hearing unless extended for good cause, the Board Decisionmaker(s) will issue a written determination on responsibility that includes the findings of fact and the basis/rationale for the decision, making reference to the evidence that led to the finding/sanction(s).
• The Board Decisionmaker(s) findings will be final and communicated to the parties in writing within two business days from the date the hearing concluded, unless extended for good cause. The notification of each party should occur at or near the same time.
• Both parties have the right to be informed of the outcome, the final review procedures, any change to the outcome that occurs as a result of the final review process, and when the outcome becomes final. In addition, the Respondent will be fully informed of any sanctions. For reports involving sexual violence, the Complainant will be fully informed of any sanctions. For all other reports under this policy, the Complainant will be informed of only those sanctions that directly relate to them, consistent with FERPA and other applicable law.
• The Complainant and the Respondent have the right to appeal the findings of the hearing board within 72 hours of the receipt of the findings and sanctions (if applicable) in line with the section on “Appeals Board” in the Student Conduct Procedures.   The appeals procedures are modified in that section as follows: given the sensitive nature of these proceedings, the Appeals Board shall only be comprised of the Dean of Students and the Provost or a designee.

VII.      Recording of Hearing

• All hearings will be recorded to aid the appeal process. Recordings of hearings remain confidential and are the property of McDaniel College. Recordings shall be maintained in the Student Conduct Database for seven years after a final decision has been issued. 
  • The recorded hearing will be available for review by:
  • The Parties 
  • Members of the Hearing Board
  • Members of the Appeals Board
  • Hearing Coordinator
  • The Title IX Coordinator
  • The Associate Dean of Students

VIII.     Limited Disciplinary Immunity for Complainants and Witnesses

• Individuals with information about an incident of Sexual and Gender-Based Misconduct may hesitate to come forward out of fear of revealing that their own conduct at the time of the sexual assault and/or incident of sexual violence violates the Code of Student Conduct.
• Students are encouraged to report incidents of sexual assault and/or sexual violence and assist a person involved in a sexual assault and/or incident of sexual violence in times of crisis. McDaniel College does not condone infractions of the Code of Student Conduct but considers reporting incidents of sexual assault and/or sexual violence to be of paramount importance.
• Therefore, the College extends limited immunity for student conduct substance abuse violations to potential witnesses and complainants in order to facilitate the reporting and resolution of incidents of Sexual and Gender-Based Misconduct. The College, in its discretion may extended this limited immunity to other student conduct violations.
• Immunity is extended to a student under the following circumstances:
  • The College determines that the substance abuse violation occurred during or near the time of the alleged sexual assault and/or sexual violence;
  • The student is determined to have made the report or is participating in an investigation as a witness in good faith; and
  • The College determines that the violation was not an act that was reasonably likely to place the health or safety of another individual at risk.

IX.       Board Decisionmaker(s) Not Readily Available.

During summer school, holiday periods, January Term, or when members of the Board are not available, the Dean of Students or designee may appoint an appropriate board member from among faculty and staff of the College with appropriate training. The hearing board chair or designee may determine that a hearing can proceed if one member is absent.

A sanction need not be imposed in every case of student misconduct. Sanctions will be commensurate with the severity of the violation but with due regard to the needs of the individual concerned and the welfare of the total student body. A student may not avoid sanctions by withdrawing from a course or the College.

Some behaviors are considered so contemptuous that the McDaniel College community has determined certain minimum sanctions should be applied in such instances:

1. A minimum sanction of expulsion or suspension for the current semester and one additional semester will be applied for the following offenses:
   1. Possession or use of a firearm.
2. A minimum sanction of suspension for the current semester and one additional semester will be applied for the following offenses:
   1. Possession or use of a weapon, or weapon facsimile on campus.
   2. Physical abuse including but not limited to racist conduct.
3. A minimum sanction of removal from residence halls for the current semester and one additional semester will be applied for the following offense:
   1. Activating a false fire alarm, intentionally setting a fire, discharging fireworks, or discharging a fire extinguisher without necessity.

Note: When a student is sanctioned to removal from the residence halls, they must live with a parent/guardian or other responsible adult unless they are exempt from the three year residency requirement.  The removal from residence halls sanction, as used above, carries with it the restriction that the student may not enter any residence hall for any purpose during the period of residence hall exclusion.

The minimum sanctions for violations of the College Student Alcohol Policy are as follows:

First Alcohol Policy Violation

1. $75 fine; $100 for social host violation
2. Parental/Guardian notification via letter for students under the age of 21
3. Disciplinary warning
4. Completion of the 2 hour on campus substance use education class

Second Alcohol Policy Violation

1. $125 fine; $150 for social host violation
2. Parental/Guardian notification via letter for students under the age of 21
3. Completion of the Before 1 More Program: Substance Use Assessment and Psychoeducation at the Wellness Center.

Third Alcohol Violation

1. $200 fine; $250 for social host violation.
2. Disciplinary probation
3. Parental/Guardian notification via phone contact for students under the age of 21
4. Referral to the Wellness Center for the Before 1 More Program: Substance Use Assessment and Psychoeducation.
   Important: If a student has already completed the “Before 1 More” Program, an off-campus referral will likely be made instead. 

Minimum Sanctions Resulting After Alcohol Related Hospitalization

1. Emergency Contact notification via phone contact at the time of hospitalization regardless of student age
2. Completion of the Before 1 More Program: Substance Use Assessment and Psychoeducation
3. Fine for possession/consumption and/or social host violation

 The minimum sanctions for violations of the College Drug Policy are as follows:

First Drug Policy Violation

1. $150 fine 
2. Parental/Guardian notification via letter
3. Disciplinary warning
4. Completion of the 2 hour on campus substance use education course

​Second Drug Policy Violation

1. $300 fine 
2. Parental/Guardian notification via phone contact
3. Disciplinary probation
4. Completion of the Before 1 More Program: Substance Use Assessment and Psychoeducation at the Wellness Center.
   Important: If a student has already completed the Before 1 More Program, an off-campus referral to a substance use treatment program will likely be made instead.

Third Drug Policy Violation
(or any violation that is more severe specifically involving the sale and/or distribution of illegal drugs)

1. Suspension or expulsion from the College

Minimum Sanctions Resulting After Drug Related Hospitalization

1. Parental/Guardian notification via phone contact at the time of the hospitalization
2. Completion of the Before 1 More Program: Substance Use Assessment and Psychoeducation.
3. Fine for possession/consumption and/or social host violation

Sanctions for student misconduct may be imposed by any duly authorized agent of the McDaniel College community. At present, the agents are the Dean of Students, the Dean of the Faculty, the Associate Dean of Students, the Academic Deans, the Residence Life staff, the Honor and Conduct Board or their designees. Following are some examples of sanctions that may be imposed for student misconduct:

1. Disciplinary Warning—Written notification from a College official that further misconduct will not be tolerated and may result in more severe disciplinary action, including the likelihood of Disciplinary Probation. 
2. Service Hours—Hours assigned to the student in reparation for the violation.
3. Fine— A sum of money to be paid as a result of a violation.
4. Restitution— Reimbursement for damage to or misappropriation of property may be required. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
5. Educational Project —Projects assigned for the educational benefit of the student, the organization and/or the College community. Examples include participation in workshops or seminars, conducting research, writing papers, planning programs, etc.
6. Substance Use Education —Assessment, education and/or treatment for alcohol and/or drug use by a designated conduct officer. 
7. Disciplinary Probation—A trial period during which a student has an opportunity to prove that they can be a responsible and effective member of the College community. The student will be subject to more severe sanctions such as suspension from the College for a violation of any College regulations while on disciplinary probation.
8. Weekend Suspensions—Excludes a student from the campus during the stated period of suspension and may disallow a student from all activities sponsored by the College or an organization affiliated with the College, whether on or off campus. Weekend suspension prohibits a student from being on campus between 5 p.m  on Friday through 5 p.m. on Sunday.
9. Academic Penalty (Grade of an “F”) —Assigning a grade of an “F” in a specific course.  A Board may apply any sanction(s) as outlined in this section if appropriate to the offense.
10. Academic Penalty (Grade of a “zero”) - Assigning a grade of a “zero” for a specific assignment.
11. Academic Penalty (Lowering of the Final Grade) - Based on the final letter grade, lowering that grade by a specified grade value, i.e. a whole letter grade, a half letter grade, etc.
12. Withholding of Degree—In cases involving seniors, the College may withhold a student’s McDaniel College degree for a specified period of time.
13. Administrative No Contact Directive - Restricting individual(s) from making contact with another individual(s) while on College property or at College-sponsored activities.
14. Restriction—
    1. For the individual, exclusion from participation in specified activities and/or privileges of the College (e.g., dining hall privileges, hosting guests, extracurricular activities) and maintenance of exemplary conduct for a specified period of time as set forth in the notice of restriction. No refunds on College payments will be made to students placed on restriction.
    2. For the organization, exclusion from specified activities sponsored by the organization or the College and maintenance of exemplary conduct for a specified period of time as set forth in the notice of restriction. Restriction may include loss of use of any facilities provided by the  College for a specified period of time.
15. Residence Hall Relocation —Requirement to move to a new residence within a specified period of time after receiving notice. This sanction may include a restriction from entering the residence hall which the student has been relocated.  An individual student is responsible for additional housing and/or meal plan costs that may result from the move.
16. Removal From Residence Halls—Temporary or permanent removal from residence halls as a resident and/or guest. Any conditions for reinstatement must be stated in the notice of exclusion from residence hall living. No refund of payment will be made to students who are removed from campus housing as a result of the Student Conduct Process. Students who are removed from residence are responsible for fulfilling all housing related costs. Note: When a student is removed from the residence halls, they must live with a parent/guardian or other responsible adult unless they are exempt from the three year residency requirement.
17. Campus Suspension—Excludes a student from the campus except to attend classes. The student may not be on campus for any reason during the stated period of suspension and is disallowed from participating in all activities sponsored by the College or an organization affiliated with the College, whether on or off campus.
18. Suspension—
    1. For the individual, exclusion from classes and other privileges or activities of the College for a definite period of time. Students under suspension are not permitted on College property nor allowed to participate in any College-sponsored activity. Suspension extending beyond the semester in which action is taken shall consist of units of full semester or summer sessions. No refunds of College payments will be made to students placed on suspension. Students who are suspended are responsible for fulfilling all student account costs.
    2. Deferred suspension is utilized typically near the end of a semester to avoid the academic and/or financial penalty that an immediate suspension would entail. If a student is involved in any further offense while on deferred suspension, summary suspension will be made by the Dean or Associate Dean of Students or by the Dean of the Faculty or an Academic Dean.
    3. For the organization, removal of the right to conduct group-sponsored activities or to participate in College-sponsored activities as a group for a definite period of time as set forth in the notice of suspension.
19. Required Withdrawal—
    1. For the individual, termination of student status with the privilege of applying for readmission. Any conditions for readmission shall be in the notice of required withdrawal. No refunds on College payments will be made to students required to withdraw. Students required to withdraw are not permitted on College property or allowed to participate in any College-sponsored activity.
    2. For the organization, termination of organization status and privileges as a group with the privileges of applying for reinstatement. Any conditions for reinstatement shall be stated in the notice of required withdrawal.
20. Expulsion—
    1. For the individual, permanent termination of student status. Students who are expelled are not permitted on College property or allowed to participate in any College sponsored activity. No refunds of College payments will be made to students placed on expulsion. Students who are expelled are responsible for fulfilling all student account costs.
    2. For the organization, permanent termination of group status.