Code of Student Conduct

All students are responsible for reading all of the documents on the blue bar on the left. Please click on the appropriate one to review it. 
The Code of Student Conduct is a full overview of the rights, responsiblities and discipline process for all students. The other options are
meant to assist you in preparing for a judicial conference and to guide you in reporting misconduct.
Questions about any of this material can be directed to residencelife@msmary.edu or by calling 301-447-5274

The official version of the Code os Student Conduct is below. If you would like to print out a copy for yourself,please click here to download the PDF version.

CODE OF STUDENT CONDUCT
MOUNT ST. MARY’S UNIVERSITY

ARTICLE I.  PREAMBLE

Mount St. Mary’s University is committed to its mission and to Catholic liberal arts and professional education.  As a community, we value both the traditions and foundations on which we find our intellectual heritage, and we seek to contribute to the on-going development of these traditions. 

The University is dedicated not only to learning and the advancement of knowledge, but also to the whole development of persons within the Catholic tradition.  The University seeks to achieve these goals through a sound educational program that includes clear policies governing student rights and responsibilities.

ARTICLE II.  AUTHORITY AND RESPONSIBILITY

A.  Responsibility for good conduct rests with students as adult individuals.  Student organizations have similar responsibility for maintaining good conduct among their members and guests and at activities they sponsor.  All members of the campus community are expected to use reasonable judgment in their daily campus life and to show due concern for the welfare and rights of others.

B.  The Executive Vice President is vested with the responsibility for the Code of Student Conduct. This responsibility includes formulating and implementing operating procedures for the judicial consideration of conduct violations and the imposition of sanctions in an efficient, consistent, fair, legal and educational manner.  The Executive Vice President delegates the daily operation of the Code of Student Conduct to the Dean of Students or appropriate designee hereto in referred to as Dean of Students/designee.

C.   The Executive Vice President or President of Mount St. Mary’s University is authorized to assign judicial cases to special conference committees or officers as the President deems appropriate.

D. The Dean of Students/designee may determine the appropriateness of cases to be adjudicated either through the judicial system or through appropriate alternatives.

E. The Executive Vice President and the Dean of Students/designee is vested with the authority to adjudicate all violations of the Code of Student Conduct.  If it is determined that circumstances warrant different procedures, the Executive Vice President and/or Dean of Students/designee may follow procedures other than those outlined below.  In all cases, due process shall be afforded to any student accused of misconduct.

ARTICLE III.  JURISDICTION OF THE CODE OF STUDENT CONDUCT

A.        The Code of Student Conduct and the student discipline process covers all persons taking courses through the University (including summer sessions), both full and part time, pursuing undergraduate or graduate studies, and any person residing in University housing. The University may take jurisdiction over any violation of the Code of Student Conduct committed during the time in which the student is enrolled, including incidents off campus, time between semesters, during breaks, semesters abroad, and during leaves of absences. The University reserves the right to take appropriate action when behavior of an individual or
individuals presents a danger to the health, safety, and well-being of themselves and/or others in the community.  It is expected that students will conduct themselves in a manner that demonstrates their respect for the rights of others. Also, individuals engaging in activities off campus have a responsibility to conduct such activities within the laws and ordinances of the community.

B.        Students are expected to conduct themselves in a manner which reflects favorably for them and for the University. Students shall be held accountable for unfavorable conduct through this Code of Student Conduct

ARTICLE IV.  RESPONSIBILITY FOR THE COMMON GOOD

A.     The University   

A Catholic university is a community of learning characterized by mutual responsibility and the active concern of each for the good of all, in a common pursuit of wisdom.  This mutual responsibility includes regard for the safety, security, and health of others.  It also includes respect and care for what we share in common and hold in trust for the educational mission of the University: tangible goods like the physical facilities of the University; intangible goods like traditions of mutual respect and civil behavior.  Finally, it includes an atmosphere in which learning may occur: an atmosphere of openness, freedom, and creativity, but also an atmosphere characterized by the order, peace and tranquility necessary for study and reflection.  The regulations are established to protect the common good.  Their violation will result in judicial action.

B.     Respect for the Dignity of the Person

Respect and dignity for every person is at the core of the Mount’s Catholic identity.  At the University, it is particularly necessary that this respect encompasses diversity and differences of opinion.   Individuals deserve to be free from the threat of physical violence or verbal abuse.  Offenses against persons because of their race, religion, ethnicity, disability, gender or sexual orientation are especially intolerable in view of the University’s commitment to respect for the person.  The dignity of persons includes the secure possession of property and unimpeded access to facilities appropriate for their use.  The regulations and prohibitions that follow protect the dignity of the person.  Their violation will result in judicial action.

C.     Personal Integrity

The education offered by Mount St. Mary's University is an education that instills in its students the virtues of humility, civility, integrity, respect and reverence.  Especially appropriate in a University community are virtues of truthfulness, honesty and personal honor. Misrepresentation of any kind, whether inside or outside the classroom, is a violation of truth.  As a Catholic university, the Mount expects students to realize values of mutual care and responsibility in their personal relationships.  In their sexual behavior, students are expected to exercise responsibility and to show appropriate regard for the Mount’s Catholic teachings.  Finally, the University believes that students must accept their responsibility as citizens to obey local and Federal laws. For the sake of their own self-respect and well-being, it is incumbent on all students to exercise temperance in the consumption of alcohol. Only students who are twenty-one (21) years of age or older are
permitted to possess or consume alcohol. Students will not be excused from responsibility for actions committed under the influence of drugs or alcohol.  The regulations and prohibitions that follow ensure the personal integrity expected of every Mount student. 

ARTICLE V.  FREEDOM OF INQUIRY AND EXPRESSION

A.     Campus Expression

Students enjoy freedom of speech and expression on campus and at University-sponsored off-campus events or activities.  Civil discourse, characterized by mutual respect for individuals and for opposing viewpoints, is an inherent responsibility of all members of the University community.

Free speech and expression does not include illegal activity or activity that endangers or threatens to endanger the safety of any member of the community, or any of the University’s physical facilities, or any activity that disrupts or impedes the functions of the University or threatens such disruption or hindrance.

Offensive expression on matters such as race, ethnicity, religion, gender, disability, or sexual orientation is inappropriate in the Mount community.

B.     Classroom Expression

Students enjoy freedom of speech and research, of legitimate classroom discussion, and of advocacy of alternative opinions to those expressed in the classroom.  Students will be evaluated on knowledge and academic performance and not on the basis of personal or political beliefs.

C.     Public Speakers

Students may invite and hear speakers of their choice on subjects of their choice, subject to the limitation that the University may withhold approval of an event or a speaker if holding such an event or providing a forum for the speaker is determined to be contrary to the missionof the University.

D.     Campus Publications and Communications

The student press, television and radio station enjoy reasonable editorial freedom.  This freedom carries with it the obligation to operate responsibly according to journalistic and broadcast ethics, consistent with the University’s mission and any applicable legal regulations. Student editors and managers will not be suspended because of student, faculty, administration, alumni, or community disapproval of reasonable editorial policy or content.

E.   Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well-being of society. Free inquiry and free expression are indispensable to the attainment of these goals. As members of the academic community, students are encouraged to develop the capacity for critical judgment and to engage in a sustained search for truth. Freedom for the individual is defined as the right to act or speak, so long as it does not adversely affect the rights of others. Believing in this concept, Mount St. Mary’s University will protect freedom of action and freedom of speech for students, so long as it is not of an inflammatory or demeaning nature, is truthful and accurate and does not interfere with the students’ living and study conditions. It shall constitute a disruptive act for any member of the campus community to engage in any conduct which would substantially obstruct, interfere with or impair instruction, research, administration, authorized use of University facilities, the rights and privileges of other members of the Mount community, or judicial proceedings. Moreover, Mount St. Mary’s University is committed to improving the quality of student life by promoting a diverse educational and cultural experience. Therefore, acts of bigotry including, but not limited to, racism, anti-semitism or sexism will not be tolerated. Rights and freedoms imply duties and responsibilities. Note should be taken that a student who exercises his or her rights as a  private citizen — whether individually or as a member of a group — must assume full responsibility for his or her actions.

ARTICLE VI.   PROHIBITED CONDUCT

The following constitutes the official record of general violations of conduct rules and regulations at Mount St. Mary’s University. Students and student  organizations are expected to abide by these regulations. These regulations are not designed to define prohibitive conduct in exhaustive terms. Additional rules and regulations may be adopted and will be communicated through campus email and web sources. A student or student organization that is responsible for misconduct or is responsible of being an accessory to misconduct shall be subject to sanctions authorized by this code. Areas of misconduct include:

1. Disruption of any University Activity

            This rule prohibits, but is not limited to, the following:

a) acts inhibiting, interfering with, obstructing, or damaging either (i) an academic activity (seminars, teaching, research, or University Administration) or organized student activity; or (ii) a resource  relating to academic materials (library books, audiovisual equipment, technology equipment).

b) any intentional act substantially or unduly interfering with the freedom of expression of others on University property or at University sponsored activities; or

c) activity which disrupts or interferes with normal University functions or operations.

2. Behavior Which Jeopardizes the Emotional or Physical Safety of Self or Others

            This rule prohibits, but is not limited to, the following:

a) possession, storage, or use of weapons or firearms (example: bb, soft pellet, paintball guns);

b) acts, or threats, of physical assault or abuse;

c) violence;

d) intimidation;

e) physical or emotional harassment;

f) suicide attempts;

g) hazing;

h) forcible detention;

i) threatening behavior;

j) indecent exposure;

k) alcohol poisoning; or

l) drug overdose.

3. Violation of the Sexual Assault Policy, actual or threatened sexual assault

This includes, but is not limited to, unwanted sexual touching, sexual assault, rape, sexual harassment or misconduct, making unwelcome sexual advances, or request for sexual favors. The full policy can be read at www.msmary.edu/judicial.

4.  Violations of Fire and Safety Regulations

            This rule prohibits, but is not limited to, the following:

a) failure to comply with evacuation procedures;

b) tampering with fire protection apparatus;

c) possession, use, or threatened use of fireworks, bombs, or explosive devices of any character;

d) use of open flame devices or combustible materials, including chemicals, which endangers the safety or well being of the University community,

e)  unauthorized use of, tampering with, or misuse of electrical equipment, fire exit doors, or giving false alarms or false reports of fire or emergency; or,

f)  smoking any legal or illegal substance within the residence hall facilities.

5. Misconduct Involving Alcohol

            Students are subject to all applicable local, State and Federal laws regarding alcohol and other drugs, and are not exempt from enforcement of these laws by virtue of their status as students or their presence on University property. This policy is not intended to be, and is not, a comprehensive statement of applicable laws. This rule prohibits, but is not limited to, the following:

a) possessing or consuming alcoholic beverages while under the age of 21;

b) providing alcoholic beverages to other persons under the age of 21;

c) misrepresenting one’s age or that of another person in order to obtain alcoholic beverages-whether for yourself or someone else;

d) possessing any card or paper that falsely states age or identity;

e) failing or refusing to provide valid identification to a University official when requested in connection with a suspected alcohol violation;

f) drinking and driving under the age of 21with a blood alcohol concentration of .02 or more;

g) drinking and driving over the age of 21with a blood alcohol concentration of .08 or more;

h) knowingly allowing someone under 21 to consume or possess alcoholic beverages;

i) possessing and/or consuming from a common source of alcohol (kegs, punch bowls);

j) participating in or being in the presence of activities (e.g. drinking games) that promotes and encourages the consumption of alcohol;

k) intoxication; defined as not having the normal use of mental or physical faculties due to the introduction of alcohol or other
drugs into the body;

l) the possession of alcohol in excess of one 30 pack of beer (or an equivalent amount of liquor) per legal aged student is prohibited
and will be confiscated;

m) possess liquor in excess of 100 proof on campus or in any University owned or operated facility or property;

n) open containers of alcohol are not allowed anywhere on campus with the exception of within a legal-aged student’s private residence, at a specified University-sponsored event, or when served in the Mount Café during alcohol service hours. An opened container of alcohol is defined as any can or bottle where the seal has been broken or any secondary container that contains alcohol (whether covered or not).

6. Misconduct Involving Illegal Drugs or Controlled Substances

Mount St. Mary’s University strictly forbids the possession, use, transfer and/or sale of illegal drugs. The University does not provide sanctuary from the law, nor are students immune from legal investigation or arrest from police officials resulting from the provisions below. Mount St. Mary's University cannot and will not protect students, faculty, or staff from prosecution under federal, state, or local laws. Persons suspected of using illegal drugs or voluntarily being in the presence of their use may be subject to judicial action by the University.

This rule prohibits, but is not limited to, the following:

a) possession, use, or sale of drug paraphernalia;

b) possession, use, distribution, sale, manufacture, or transfer of illegal or non-prescribed narcotics, illegal drugs, hallucinogens, and counterfeit or controlled dangerous substances;

c) possession, use, sale, or distribution of legal drugs which were not prescribed to the person in possession;

d) misuse of prescribed drugs or over the counter drugs; or

e) failure to take prescribed drugs or over the counter drugs as agreed in contract between a University Official and the student.

7. Property Damage and Vandalism

Intentional or negligent acts or attempted acts resulting in property damage or vandalism are prohibited.  This includes, but is not limited to, the following:

a)   damage, vandalism, destruction, abuse, or fraudulent use of University or private property;

b)   damage, vandalism, destruction, abuse, or fraudulent use of University services including computer and telephone services.

8. Improper Uses of Computers and Technology

This rule prohibits, but is not limited to, the following:

a) any violation of the Electronic Communications Acceptable Use Policy, pornography; plagiarism of programs; misuse of computer accounts; unauthorized destruction of files; creating illegal accounts; possession of unauthorized passwords; and disruptive, annoying, or illegal (as defined by State or Federal statutes) behavior on the University’s computer systems, or the attempts of such acts is prohibited. The full policy can be read at www.msmary.edu/studentconduct

9. Theft

Intentional or negligent acts or attempted acts resulting in theft are prohibited.  This includes, but is not limited to, the following:

a) theft or possession of stolen University property or property of any person or entity

10. Acts of Dishonesty or Falsifying University Records

            It is the expectation of the University that students are honest, cooperative and forthcoming when questioned by University officials on any subject.

a) falsifying, forging, altering, causing the alteration of, or furnishing false information (written or oral) on, or relative to, University records, or to University officials;

b)  falsifying, forging, altering, causing the alteration of, or furnishing false information related to identification cards, absence excuses, parking permits, transcripts, computer records, or other University documents;

c)  unauthorized possession or use of University records, documents, instruments, or property (e.g. Mount Card, identification cards, key);d)  providing false or misleading information on Public Safety or Residence Life reports;

e)  providing false information to any University official or office;

f) misrepresenting ownership of University or private property (e.g. selling textbooks as an authorized owner/seller).

11. Unauthorized use of the name, logo or the official seal of the University by individuals or groups.

12. Unauthorized Entry or Presence in or on University Property

            This rule prohibits, but is not limited to, the following:

a) failure or refusal to leave University grounds, or a specific portion thereof, or a University facility when requested
by an authorized University official; or

b) improper or unauthorized entry into a University building, facility, or campus residence.

13. Violations of any of the restrictions, conditions or terms of any sanctions resulting from a previously held judicial conference or failure to complete conditions or terms within the designated time

14. Misappropriation or Misuse of Student Organization Funds or Property

This includes, but is not limited to, over-extension of the budget of a student organization; spending receipts prior to proper deposit; and unauthorized personal use of equipment.

15. Violation of Residence Life Policies, Rules and Regulations

            This rule prohibits the violation of Residence Life policies, rules, or regulations as provided in the Community Standards  and Residence Life housing contract. Violations include, but are not limited to: excessive noise, visitation violations, illegal residence hall items or failure to complete proper check out procedures.

16.   Failure to Meet Financial Obligations to the University

            This rule prohibits, but is not limited to, the following:

a)  the failure to pay delinquent accounts, including parking violation fees, after the University has notified the student of the debt; or

b)  the use of worthless checks, money orders, or credit cards in payment to the University for tuition, room and board, fees, fines, parking penalties, etc.

17. Violations of Federal, State, and Local Laws

            Students are responsible for knowing and observing all local, state and federal laws. Action by law enforcement agencies, or lack of such action, will not preclude action by the University as well, in the event the misconduct in question also constitutes a violation of this Code.

18.  Failure to Comply with the Request of a University Official

This rule prohibits, but is not limited to, the following:

a)  failure to comply with a reasonable and lawful request or directions by a University official; or

b) interference with students, faculty, staff, or Public Safety officials acting in the performance of their official duties;

c)  failure to comply with a judicial letter from the Dean of Students/designee.

d) failure to provide student identification, or other identification to University officials upon request;

19.  Aiding or Abetting Misconduct

This rule prohibits aiding or abetting misconduct by others which would be in violation of the rules outlined in this Code or of federal, state or local laws.  Aiding is defined as acting with intentionality to assist another in the planning or commission of misconduct.  Abetting is defined as the intentional encouragement of any action which assists or supports another in the achievement of misconduct, or of the intentional creation of the conditions necessary for misconduct to occur.

20.  Violation of Copyright

This rule prohibits, but is not limited to, the downloading or sharing of the intellectual property and copyrighted works of others without permission or consent of the copyright holder, including music, motion pictures, computer software, photos, data files, and configuration files and maps using Mount St. Mary’s University computer resources.

21.  Disorderly Conduct

This rule prohibits, but is not limited to, the following:

a) acting in a manner to annoy, disturb, interfere with, obstruct or be offensive to another/others;

b) shouting or making excessive noise either inside or outside of a University building to the annoyance or disturbance of others;

c)  behaving in a lewd or indecent manner (including, but not limited to: public urination or other indecent exposure).

22. Violations of University Standards of Academic Integrity

ARTICLE VII. UNIVERSITY STANDARDS OF ACADEMIC INTEGRITY

An academic community must operate with complete openness, honesty and integrity. Responsibility for maintaining this atmosphere lies with the students, faculty and administration. Therefore, the achievement of personal and academic goals through dishonest means will not be tolerated.

A.        Academic misconduct includes but is not limited to:

1.      Cheating: the unauthorized use or exchange of information before or during a quiz, test, or semester examination. Unauthorized collaboration on a class assignment, submitting the same work in two courses without the professor’s permission, and buying or selling work for a course are also forms of cheating.

2.      Plagiarism: the representation of words or ideas as one’s own. The various forms of plagiarism include but are not limited to copying homework, falsifying lab reports, submitting papers containing material written by another person, and failing to document in one’s written assignment words secured from publications.

3.      Providing or receiving assistance in a manner not authorized by the professor in the creation of work to be submitted for academic evaluation including papers, projects and examinations; presenting as one’s own the ideas or words of another for academic evaluation without proper acknowledgement.

4.      Doing unauthorized academic work for which another person will receive credit or be evaluated.

5.      Attempting to influence one’s academic evaluation by means other than academic achievement or merit.

6.      Misconduct assistance: cooperation with another in an act of academic misconduct. A student who writes a paper or does an assignment for another student is an accomplice and will be held accountable just as severely as the other. Any student who knowingly permits another to copy from his or her own paper, examination, or project shall be held as accountable as the student who submits the copied material.

B.        Penalties for Academic Misconduct

Penalties for any infraction are cumulative in that they are imposed in light of a student’s record at Mount St. Mary’s. The minimum penalty for the first offense will be a grade of zero for the assignment or examination; an instructor may impose a more severe penalty if circumstances warrant it. A second offense will result in a semester grade of failure (F) for the course in which this second incident occurs. The penalty for the third offense may be expulsion from the university.

C.        Procedural Guidelines for Academic Misconduct

When a professor believes there is sufficient evidence to demonstrate a clear case of academic misconduct, the following should take place:

1. The professor will speak with the Dean of Students/designee/designee for academic affairs in order to determine the appropriate academic consequences warranted by the circumstances. The professor should also speak with his/her department chair about the matter.
2. The professor will notify the student of the infraction. Notification of the student should come no more than three weeks after the due date for the assignment in question. The professor is responsible for keeping the evidence of academic misconduct in its original form and need not return relevant materials to the student. Copies of the student’s work and information about other evidence will be provided to the student upon request. 
3. The professor will notify the Dean of Students/designee/designee for academic affairs in writing (with a copy of the notification to the department chair) and forward copies of all information and materials. The Dean of Students/designee/designee for academic affairs in turn will officially notify the student in writing of the charge and the student’s right to appeal. The Dean of Students/designee/designee for academic affairs will be responsible for maintaining the necessary records, recording the incident in the student’s permanent record and ensuring that the penalties for the second and third offenses are administered by the university.

D.        Procedures for Appeals of Academic Misconduct Charges

Students may appeal a charge of academic misconduct, though not the specific penalties. They may register an appeal with the Dean of Students/designee/designee for academic affairs, at which time an academic appeals board will be convened. Written appeals must be registered with the Dean of Students/designee/designee for academic affairs within four weeks of the formal notice of the charge to the student.

E.         Grade Appeals

A student may appeal the final grade in a course only on the grounds that a grading policy is unclear or has been unfairly applied. Recourse should be made first to the professor concerned and then to the chair of the department in which the course was taken. A student wishing to pursue the matter further must register a written appeal with the Dean of Students/designee/designee for academic affairs no later than the fourth week of the semester following the posting of the grade. Upon receiving the appeal, the Dean of Students/designee/designee for academic affairs will convene an academic appeals board.

F.         Academic Appeals Board

An academic appeals board addresses student appeals in cases of cheating and plagiarism and in grade protests taken beyond the department level. The board is convened by the Dean of Students/designee/designee for academic affairs. The board will include two members of the student government association Academic Committee and three faculty members appointed by the Undergraduate Academic Committee, one of whom shall be from the department affected in the dispute. The Dean of Students/designee/designee for academic affairs will name one of the faculty members to serve as chair of the appeals board. On the basis of written information provided by the instructor, the student and any other relevant party, the board will then determine by majority vote whether an appeal is warranted. If the board decides to hear an appeal, it will invite spoken testimony from the student and professor involved in the case and may, at its discretion, solicit other pertinent information. Decisions in appeals hearings will be made by majority vote. The board’s decision may be appealed to the Dean of Students/designee/designee for academic affairs by the student(s) or by the professor involved. The Dean of Students/designee/designee for academic affairs has final jurisdiction in such matters.

ARTICLE VIII. JUDICIAL PROCESS

All students and student organizations are subject to the judicial procedures prescribed in this code. If a student, allegedly involved in a violation of the Code of Student Conduct, separates or graduates from the University prior to resolution, the  judicial process can continue at the discretion of the University. If a conference is not pursued upon the separation of the student, the pending charges will be resolved, at the discretion of the University, prior to any future readmission.

Emergency Administrative Action – Should an individual pose an immediate danger to, or severely disrupt the community, themselves or any individual, Emergency Administrative Action may be taken to remove the individual from the University. This action does not require an admission of responsibility on the part of the accused student. A student, removed from the University as a result of Emergency Administrative Action, may not be on or in any University owned property or facilities and may not participate in any University sponsored courses, programs or activities on or off campus. Emergency Administrative Action may be initiated by the President, Executive Vice President, or the Dean of Students/designee.

A. Initiation of Charges — The Dean of Students/designee bears the responsibility for the initiation of judicial procedures against a student for alleged misconduct. The Dean of Students/designee will review instances of reported misconduct to determine if judicial proceedings should be initiated. Any member of the campus community may register a complaint in writing with the Dean of Students/designee against a student for alleged violation of University policy. In the absence of
sufficient information as determined by the Dean of Students/designee, a complaint will be dismissed.

B. Notification of Charges — once it is determined that judicial proceedings will be initiated, all charges and dispositions will be issued to the charged student. All charge notices will be (a) e-mailed to the student’s University e-mail account, (b) mailed to the on-campus address of the charged student, or (c) mailed by certified, return receipt requested first class mail to the off-campus address on file in the University Registrar’s Office.  Notices sent to off-campus addresses may be copied and sent First Class U.S. Mail. Electronic notices will be sent to the University assigned email account. Notices sent by these methods will
be presumed to be delivered unless returned as undeliverable. Students are responsible for ensuring that their mailing address of record is current and complete. Students are also responsible for checking their University assigned e-mail account. In some cases, the Dean of Students/designee may notify a student of charges in person.

C. Failure to Respond — The student will be considered properly notified when the formal charge letter scheduling the conference has been (a) e-mailed to the student’s University e-mail account, (b) mailed to the on-campus address of the charged student, or (c) mailed by certified, return receipt requested first class mail to the off-campus address on file in the University Registrar’s Office. If the charged student has been properly notified of the charges and the judicial conference date, and still does not attend the scheduled conference, a decision of responsibility will be made based upon the available information.

D. Judicial Conference Procedures

1. The Dean of Students/designee is responsible for scheduling, coordinating, and presenting all cases.
2. Options for Resolution of Judicial Charges — it should be clearly understood that there is a fundamental difference between the nature of student discipline and that of criminal law. Regardless of the options exercised for resolution of charges, the discipline of students within the University community must be consistent with the educational mission of the institution. At the conference with the Dean of Students/designee, the charged student will have all the judicial options outlined below fully explained:
3. Plead not responsible to the charge(s) and present evidence and testimony relevant to the charged student’s alleged involvement in the rule violations.  The Dean of Students/designee shall make determination of responsibility on the basis of whether it is more likely than not that the charged student violated the Code of Student Conduct.  If held responsible by the Dean of Students/designee, an appropriate sanction(s) will be determined.
4. Accept responsibility for the charge(s) and elect for the Dean of Students/designee to determine an appropriate sanction(s).
5. During a conference, the accused student is entitled to:
   1. Appear in person, hear all information presented and present any relevant information, have an advisor or call witnesses.

                                                              i.      A witness must be a person who has first hand knowledge of the event or actions in question.

                                                            ii.      Witnesses who wish to testify to the character of the student charged with the violations may not 
                                                                     be called at this stage in the process.

                                                          iii.      A student must submit in writing the names of any witnesses that he/she intends to have present at the conference.
                                                                   The list of witnesses must be submitted to the Dean of Students/designee at least 48 hours prior to 
                                                                   the scheduled conference.
                                                          iv.      May have an advisor present at the conference. The advisor may not address the conference authority 
                                                                   or other persons at the conference unless permitted by the conference authority. The role of the advisor 
                                                                   will be to consult with the accused at reasonable intervals during the course of the conference. 
                                                                   Students may request a current member of the faculty or administration to serve as their advisor. 
                                                                   Attorneys are  not permitted in the conference. Parents, guardians, or other family members may not 
                                                                   serve as advisors or attend a formal judicial conference unless approved at least 48 hours in advance 
                                                                   by the conference authority.

5. 2. Elect not to appear at the conference, in which case the conference shall be conducted in the accused student’s absence.
   3. Refuse to answer any questions or make a statement; the conference authority shall make its decision solely on the basis of information presented at the conference.
   4. Confidentiality. All conferences shall be conducted in private session. All statements, information, or comments given during conferences will be held in the strictest confidence by the authority, University staff, witnesses and advisers before, during, and after deliberation. Video, audio, stenographic, or photographic recording of conference proceedings are prohibited, except as authorized by Dean of Students/designee, Executive Vice President or the President of the University.
6. The Dean of Students/designee or their designee will exercise control over the conference to avoid needless consumption of time, repetition of information, and/or prevent the harassment or intimidation of participants. The conference can be recessed at any time by the Dean of Students/designee.
7. All conferences shall be conducted in an informal manner and technical rules of evidence will not be applied.
8. Conference Decision —upon completion of the conference, the Dean of Students/designee shall, in private session, consider the information presented to determine responsibility or to drop the charges due to insufficient information. The conference authority shall consider only the information presented at the conference, and responsibility can only be determined if the officer feels it is more likely than not that the accused is responsible. If responsibility is acknowledged or is determined prior to the determination of the sanction, the conference authority can allow the introduction of written and/or oral statement(s) which detail the impact on the victim the violation caused.
9. Dismissal of Charges — if the Dean of Students/designee determines, as a result of or prior to the conference, that insufficient information exists to justify a charge, the charge will be dismissed.

E. Serious Criminal Offenses

1. Students accused of serious criminal offenses on or off campus shall be subject to university action through the Code of Student Conduct, including Emergency Administrative Action. Serious criminal offenses shall include, but is not limited to behavior which (a) is defined as a felony under local, state or Federal laws, and (b) indicates that the student constitutes a substantial danger to the safety or property of the University, themselves or members of the campus community. The University reserves the right to take action through its Student Conduct System prior to the disposition of any action that may result from criminal proceedings.

ARTICLE IX. JUDICIAL SANCTIONS

The purpose of imposing sanctions is twofold: to protect the University community from behaviors that are detrimental to the educational process of the community; and to assist students in identifying acceptable parameters of their actions and consequences of future behaviors. The severity of the sanctions imposed is intended to correspond with the severity or frequency of violation, as well as the student’s willingness to recommit him or herself to good citizenship through behaviors that fall within the conduct regulations of the University. The following judicial sanctions may be imposed upon a student responsible for a violation either singly and/or in combination:

A. Expulsion — Expulsion is permanent judicial separation from the University involving denial of all student privileges. Expulsion shall be effective on the date of notice of the expulsion, or later if so stated in the notice; and may be entered into the student’s transcript. Students separated from the University by expulsion may not enter University premises or University-related premises without securing prior approval from the Executive Vice President.

B. University Dismissal — Dismissal is a separation from the University involving denial of all student privileges. Dismissal shall be effective on the date of notice of the dismissal or later if so stated in the notice; may be entered into the student’s transcript; and may prescribe the date and conditions upon which the student may petition for readmission. Conditions for readmission may include, but are not limited to, disciplinary probation for a specified length of time; non-residence on campus; restricted visitation to specified campus facilities; and written statement from an accredited mental health professional or medical doctor verifying the capability of the student to function successfully at the University. Readmission is at the sole discretion of the University and is not guaranteed.  Students separated from the University by dismissal may not enter University premises or University-related premises without securing prior approval from the Executive Vice President. The dismissal notation will be removed from the student’s permanent record, by the Registrar, upon the student’s graduation. The dismissal notation can also possibly be removed earlier by petitioning the Executive Vice President.

C. Campus Dismissal – Loss of privilege of living and being on campus except to attend classes. The student may not be on campus or University owned property/facilities for any reason during the stated period of dismissal and is prohibited from participating in all activities sponsored by the University or an organization affiliated with the University, whether on or off campus.

D. Residence Hall Separation — Residence Hall Separation involves removal from the campus residence hall community for conduct which clearly demonstrates an inability to function appropriately in the residence hall living situation. Such separation may be permanent or for a specified number of semesters.  Such separation prohibits accessibility to all or designated residence halls and associated dining facilities. Visitation will not be permitted without securing prior approval from the Dean of Students/designee. In no case will separation be less than the remainder of the semester in which it takes place.

E. Disciplinary Probation —A period of review and observation during which a student has been officially notified that his/her conduct, although not serious enough to warrant dismissal, was very inappropriate. Subsequent violations of University rules, regulations or policies (even after a particular probationary period expires) could result in a more severe sanction. Disciplinary Probation is a status which may involve restrictions, conditions or terms imposed for a definite period of time. Restrictions, conditions, or terms of probation may include but are not limited to: ineligibility to participate in campus activities or events; periodic contact with a designated member of the campus community; restrictions on accessibility to University facilities and/or housing areas; and change of housing assignment. Restrictions, conditions, and terms will be imposed for a specific length of time not to exceed the length of the probationary period. Failure to comply
with the terms and conditions of disciplinary probation or additional behavior in violation of the Code during the probationary period will likely result in more serious judicial action.

F. Disciplinary Warning – Disciplinary Warning involves written notice to the student indicating that specific behavior or activity was in violation of this code and that repetition of similar or other unsatisfactory behavior would likely result in more serious judicial action. Disciplinary Warning may also involve conditions, such as those listed below (K), that are intended to be educational in nature.

G. Restitution – A reimbursement for actual damage to, destruction of, or misappropriation of University property or property of any person which results from conduct in violation of this code. The administrative conference authority will determine the appropriate reimbursement after receiving property damage assessment or replacement costs from the appropriate University authorities on campus. Restitution is not a fine.

H.  Institutional Scholarships – Should the University determine that a student is in violation of the Code of Student Conduct, it may revoke a percentage of institutionally funded scholarships. Revocation of institutionally funded scholarships is generally imposed in lieu of dismissal or more restrictive sanctions for a severe violation under the Code of Student Conduct. Once imposed, the percentage of revoked scholarship assistance will be based upon the severity of the offense as well as the student’s judicial history.  The revocation of institutionally funded scholarships applies to the following semester(s); however, each circumstance will be determined individually. A student may apply to the Executive Vice President for reinstatement of aid after successful completion of the revocation period and full compliance with all related sanctions and conditions.

I. Termination of the Privileges of a Registered Student Organization — Termination of the Privileges of a Registered Student Organization is the loss of any or all privileges of a registered student organization. Imposition of this sanction does not preclude judicial charges against individual members of the organization.

J. Termination of the Registration of a Registered Student Organization — Termination of the Registration of a Registered Student Organization is the discontinuation of the registration of the registered student organization. This means the organization can no longer function. Imposition of this sanction does not preclude judicial charges against individual members of the organization.

K. Parental Notification for Violating the University’s Drug or Alcoholic Policy - When found responsible for violations of these conduct standards, the conference authority can notify the responsible students’ parents or legal guardians of these violations as allowed by Federal law. This will only occur after the conference authority has discussed this possible notification with the student and the student is under the age of twenty- one (21).

L. The following conditions may be imposed, along with a sanction, for any charged student found to have violated the Code of Student Conduct. Conditions include, but are not limited to:

1. Financial restitution for any loss sustained or incurred by the institution or member(s) of the University community.
2. Community restitution.
3. Attendance at or participation in an alcohol and/or other drug education program.
4. Counseling Session.
5. Educational Project.
6. Suspension of computer account.
7. Restriction from specific University buildings, areas, or facilities.
8. Restriction or denial of campus driving privileges for judicial violations involving the use or registration of motor vehicles and parking permits.
9. No contact with designated persons.
10. Residence Life housing reassignment or loss of ability to re-contract or reapply for on campus housing.
11. Monetary fines.
12. Loss of University privileges, including guest privileges, athletic privileges, housing privileges, co-curricular privileges, and facility-use privileges.
13. On campus suspension for particular weekends.
14. Party reservation restrictions.

ARTICLE X. APPEALS

Appeals must be presented, specifically described in writing to the next level of conference authority such as the Dean of Students/designee, the Executive Vice President or the President of the University (see chart at the end of this section). An appeal is not a new conference. It is a review of the record of the original conference. An appeal may be dismissed if not sought on proper grounds. If an appeal is upheld, the case with procedural specifications shall be referred to the original conference authority. Any sanction imposed as a result of a conference shall remain in effect during the process of appeal. The appeal officer has the authority, under extenuating circumstances, to defer the imposed sanction while an appeal is in process. In any event, sanctions may not be increased as a result of an appeal. An appeal may be sought on three grounds:

A. On a claim of error in the conference procedure: Appeals on such grounds must be presented, specifically described, in writing within five days (excluding weekends and holidays) of the announcement of the decision.

B. On a claim of new evidence or information material to the case which was not available at the time of the conference: Appeals on such grounds must be presented, specifically described, in writing within five days (excluding weekends and holidays) of the new evidence having been discovered.

C.  A reasonable claim that the sanction imposed is disproportionate to the gravity of the misconduct or history of misconduct. Appeals on such grounds must be presented, specifically described, in writing within five days (excluding weekends and holidays) of the announcement of the decision.

The following are the University Conference and Appeal Authorities:

Conference Authority                                              Appeal Authority

Assistant Director for Judicial Affairs                        Dean of Students

Dean of Students                                                   Executive Vice President

Executive Vice President                                         President

ARTICLE XI. SUMMARY SUSPENSION

A. Summary suspension is an action which requires a student to immediately leave University property, and not return during
the suspension period, and/or comply with other stated conditions for a specified period. Summary suspension may be imposed
upon a student by the Dean of Students/designee, the Executive Vice President or the President of the University when there is
reason to believe, based on available facts, that the student represents an immediate threat to the safety, health, or welfare of
herself/himself, other persons, or property. This summary action is warranted by potential or threatened danger or disruption,
but is used only when the serious nature or immediacy of the threat makes it impractical to follow normal judicial procedures.
Summary actions authorized by this policy include:

1. Temporary suspension of a student’s eligibility for enrollment or attendance, and denial of the student’s access to University
   facilities or property. A student may be summarily suspended for a specified period of time or the suspension may be scheduled
   contingent upon certain events or conditions.
2. Temporary suspension or limitation of a student’s eligibility to enjoy certain privileges, or participate in or attend certain events
   without the suspension of enrollment status. This summary action may prohibit a student’s presence on University property or
   certain facilities, or impose conditions which must be met in order for that student to enjoy certain privileges, participate in activities,
   or attend events.

B. When a student is summarily suspended, she or he will be given a verbal or written explanation, the reason for, and duration of the
suspension, as well as any conditions that may apply. A student notified of such summary action shall, upon written request; be given
an opportunity to meet with the Executive Vice President or a designee within seven business days from the date of the request.
This meeting shall be held to consider only the following issues related to the summary action:

1. The reliability of information alleging a student’s misconduct, and
2. Whether the conduct or surrounding circumstances reasonably indicate the student’s presence on campus or continued
   unrestricted participation in campus affairs would pose an immediate threat to the safety, health, or welfare of persons or property.

NOTE: It is not the purpose of the meeting to hear information concerning responsibility of pending or possible charges against the student.

C. Following the imposition of summary suspension, standard University judicial procedures shall be provided as expeditiously as possible.
Unless circumstances render the implementation of standard judicial procedures impossible or unreasonably difficult, these procedures shall
be initiated within 10 business days from the effective date of the summary action. Circumstances reasonably indicate the student’s presence
on campus or continued unrestricted participation in campus affairs would pose an immediate threat to the safety, health, or welfare of persons
or property.

D. Any student who is summarily suspended and returns to the campus or University property and/or violates other stated conditions during
the specified period shall be subject to further separate action and may be treated as a trespasser. Permission to be on campus for a specific
purpose (e.g., to take an exam, to consult with the Executive Vice President or designee, or to participate in judicial procedures) must be requested
and obtained in writing or by telephone prior to any conduct contrary to the suspension or conditions, and may be granted by the Executive Vice
President or their designee.

ARTICLE XII. JUDICIAL FILES - RETENTION AND ACCESS

The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, is a federal law which states that a written institutional policy
with respect to student records must be established and that a statement of adopted policy procedures covering the privacy rights of students
be made available annually.  The law provides that the University will maintain confidentiality of student records.  The general requirements of
this law with respect to student discipline records are covered in the information that follows.

Any student has the right to inspect his/her own judicial file.  The information contained therein will be made available to the student by the
Office of the Dean of Students/designee upon written request.  After a request is received, the file will be made available within 48 hours of
receiving the written request.   No one outside the institution shall have access to the student’s records nor will Mount St. Mary’s University
disclose any information from these records without the written consent of the student except in those cases permitted by the FERPA.  Students
are advised that employers and graduate schools may request information on judicial status.  It is the student’s right to deny access. Only when
a signed permission form is presented to the Dean of Students/designee will any information be made available.  Within the University community,
only those members individually or collectively, acting in the student’s educational interest, are allowed access to records.  It shall be the responsibility
of the Dean of Students/designee to provide an explanation, in writing if necessary, as to the nature and severity of any violation in which the student
in question has been sanctioned when an authorized inquiry to inspect the record of any student is made.

When a student is found responsible for violating a University regulation a judicial file is created.  This file contains all the information
pertinent to the judicial proceedings in which a student has been involved.  Each subsequent time a student is found responsible for violating
a regulation, his/her record is used in determining sanctions.  The records of any student contained in the judicial file shall be maintained by
the office of the Dean of Students/designee until three years following graduation of the student from the University at which time it will be
destroyed.  In the case where the student either withdraws or is dismissed, the student’s file will be maintained permanently and may have
a notation of “Withdrawn” (for withdrawal and suspension) or “Dismissal” may become part of the student’s academic record.

Under normal circumstances, a student is not allowed to withdraw with judicial action currently pending.  Where, for a good cause, a student
is allowed to withdraw, the University may maintain a continuing interest in a final resolution and the matter is not automatically rendered moot.

A judicial record may be expunged and/or a transcript notation removed for good cause by the Dean of Students/designee. 
A "Petition to Expunge” shall be submitted by the Student Petitioner to the Dean of Students/designee for review.  Factors to be considered
shall include the following:

1.      the present demeanor of the Petitioner;

2.      the conduct of the Petitioner since the violation;

3.      the nature and severity of the violation; and

4.      the nature and severity resulting from the misconduct.

Disclosure of Adjudication Outcome Policy

The University may disclose the final results of a student judicial conference (specifically, the name of the student, the violation committed,
and any sanction imposed by the University against the student) only to the Respondent and to a Complainant or other individual who is the
victim of the alleged violation in cases where the facts alleged constitute a crime of violence or non-forcible sex offense (as those terms are
defined under FERPA).

Conclusion

The student judicial system is designed to fit within the University’s larger educational system and does not function as a court of law.  It is
 founded on principles of fostering community, upholding the common good, and respecting the individual.  When a student disregards these
principles, he/she is held accountable and sanctions are imposed.

The Mount’s adjudication process, including policies on disclosure and confidentiality, is consistent with our Catholic educational mission. 
The adjudication process is designed to educate the individual while taking into consideration the needs of the greater community.

ARTICLE XIII. CHANGES TO THE CODE OF STUDENT CONDUCT

Any recommendation for modification of any aspect of the Code of Student Conduct shall be forwarded to the Executive Vice President for
approval and implementation. When appropriate, the Executive Vice President will inform the President of University who retains the right to
make final decisions in accordance with the governance policy of the institution.

July 2009