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 Dean of the Faculty, Associate Dean of Students, Director of Residence Life, 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. If a student fails to appear for their scheduled conference, the meeting will be held in absentia.

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. If the original conduct officer was an Area Coordinator, the Assistant Director of Residence Life, or the Director of Residence Life, the appeal will be resolved by the Associate Dean of Students. If the original conduct officer was the Associate Dean of Students, the appeal will be resolved by the Dean of Students. If the original conduct officer was the Dean of the Faculty, the appeal will be resolved by the Provost. All appeals must be submitted online by the student within three (3) business days of the decision letter being sent, 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. 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 becomes available after the hearing but before the appeal deadline. 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 conduct 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 arrange a hearing if one 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 presence 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
 

Board hearings are scheduled based on student and faculty availability which may be limited at times including but not limited to exam periods, summer sessions, or when classes are not in session. If an insufficient number of Board members are available, the Dean of the Faculty or designee may appoint board members from among the students, faculty, and administrative staff of the College. Additionally, the hearing board chair or designee may determine that a hearing can proceed if one member is absent.

Penalties

Violations of the honor code can result in sanctions ranging from a reduced grade on the assignment, to a failing grade for the course, to suspension from the College for 1 or more semesters, or ultimately to expulsion from the institution. When making a decision, members of the Board will consider the severity of the violation, the perceived intentionality of the act, the value of the assignment towards the overall course grade, and whether the student had been found responsible for prior violation(s) of the Code of Student Conduct.

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 presence 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

Board hearings are scheduled based on student and faculty availability which may be limited at times including, but not limited to, exam periods, summer sessions, or when classes are not in session. If an insufficient number of Board members are available, the Dean of Students or designee may appoint board members from among the students, faculty, and administrative staff of the College or resolve the matter using the Administrative Conference process. Additionally, 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 Provost (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 Provost: a faculty member and a student selected by the Provost.

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 Provost.

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 Provost (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 Provost 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 potential for 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 or other Registered Student Organization, the matter may be referred to the Office of Student Engagement. For complaints involving an athletics team, the matter may be referred to the Athletics Director.  

II. Investigations

The Associate Dean of Students, or designee, 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, or designee, may determine that a complaint can be resolved informally with the parties involved in a way that is acceptable to the parties and the College. 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, or designee, 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, or designee, 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, or designee, 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 matter will be assigned 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 Organization 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. 

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.
4. A minimum sanction of Disciplinary Probation for 1 or more semesters and a $100 fine will be applied in incidents of theft from the College or members of the community. Sanctions may be increased in severity depending on the circumstances of the incident, value of the stolen property, and the student(s)’ conduct history.

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.