The Community College of Baltimore County (CCBC) is a multi-ethnic community comprised of students, faculty, staff and administrators. This community recognizes the need to establish a code of conduct that contains rules and regulations that promote growth and development, guide student actions, and define sanctions that will be imposed when rules and regulations are violated. For the benefit of the community at large, these regulations limit certain behaviors and activities. They also protect the academic integrity, health, welfare, safety, rights and property of the college. Any student whose conduct violates this Student Code of Conduct will be subject to disciplinary action up to and including suspension or expulsion from the college.
Students may be asked to assume positions of responsibility in the enforcement of the Student Code of Conduct so that they might contribute their skills and insights to the resolution of disciplinary cases.
The primary purpose for the imposition of discipline in the college setting is to protect the campus community. Consistent with that purpose, reasonable efforts will be made to foster the personal, educational and social development of those students who are held accountable for violations of college regulations.
PURPOSE OF THE DISCIPLINARY SYSTEM
People grow and mature in communities. Living in a community requires depending upon the knowledge, integrity and decency of others. In turn, the best communities help individuals mold habits and values that will enable them to achieve the highest personal satisfaction, including the satisfaction associated with helping to make a better world. This Code protects the multi-ethnic community at each primary and satellite campus of the Community College of Baltimore County (CCBC). It fosters the CCBC commitment to excellence and equity, and affirms the shared values that make respect for diversity possible.
STUDENT RIGHTS AND RESPONSIBILITIES
Right: No student shall be subject to unlawful discrimination on the grounds of religion, age, ethnicity, national origin, gender, sexual orientation, or disability in any activity sponsored by the College on or off the college grounds.
Responsibility: Students shall not engage in unlawful discrimination against other students or faculty members. Every student shall treat all members of the college community with respect and courtesy.
Freedom of Expression and Inquiry
Right: Students have First Amendment rights to freedom of expression and inquiry. Such freedom is protected in order to build a community dedicated to the pursuit of truth, grounded in respect for diversity and civil discourse.
Responsibility: Students must express themselves in a civil and lawful manner that does not materially or substantially disrupt the operation of the college, or interfere with the rights of others.
Right: Students have the right to expect a learning environment where academic integrity is valued and respected.
Responsibility: Students are responsible for demonstrating academic integrity and shall not engage in or condone acts of academic dishonesty.
Freedom of Association
Right: Students have the right to freedom of association.
Responsibility: Students are responsible for respecting the rights of others to freedom of association. When assembling and expressing their views, students must do so in a manner which does not materially or substantially disrupt the educational process or the operations of the college.
Freedom from Arbitrary and Capricious Grading
Right: Students have the right to be free from arbitrary or capricious grading, and to seek appropriate review of legitimate grievances, as specified in college regulations.
Responsibility: Students are responsible for achieving reasonable standards of performance and behavior established for each course.
Right to Privacy
Right: Students have rights to privacy, inspection and challenge of their educational records, as provided by the Family Educational Rights and Privacy Act of 1974.
Responsibility: Students have responsibility to respect the established privacy rights of others, including the privacy of educational records belonging to other students.
Freedom of the Press
Right: Students may publish news and commentary in accordance with established First Amendment standards.
Responsibility: Students may not misuse College property (including computer resources) or the college name for unauthorized purposes. Students are responsible for adhering to pertinent state and federal law, including laws regarding defamation, obscenity, copyright infringement, invasion of privacy, prohibited harassment, ethnic intimidation, and threats of violence. Students shall adhere to established standards of journalistic ethics, including a commitment to honest reporting, and a responsibility to allow diverse views to be heard.
Freedom of Speech
Right: Students have the right to express their views on matters affecting college life, in accordance with established procedures for campus governance.
Responsibility: Students have the responsibility to encourage a diversity of views, and to follow democratic procedures designed to create a climate of reasoned discourse and action.
Freedom from Harassment
Right: Students have the right to be free from unlawful intimidation or coercion, including sexual harassment.
Responsibility: Students are responsible for respecting the rights of others to be free from unlawful intimidation or coercion, including sexual harassment.
Demonstrations (Authorized) Policy
CCBC recognizes the constitutional rights of freedom of speech, freedom of the press, freedom of expression, and the right to peaceful assembly. Accordingly, the time, place, and manner of exercising speech and advocacy on the campuses are subject to regulations that shall provide for non-interference with College operations and functions. The expressions of advocacy must be respectful, civil, inclusive, and provide reasonable protections for persons against practices that would make them involuntary audiences. Any persons engaging in expression or advocacy in accordance with this policy shall not do so in the name of the College or any of its organizations unless there has been specific authorization to do so.
The following guidelines and procedures apply to all persons on College-owned or leased property, including students, employees, student or employee groups, community groups, commercial organizations, and private individuals, unless expressly noted otherwise:
- CCBC students, employees, or groups of students or employees may exercise their right to peaceful assembly and expression at the college. Students organizing demonstrations must be currently enrolled credit or continuing education students. Demonstrations by non-college groups are not permitted.
- In the case of a planned demonstration or public speaker, two business days’ advance written notice is required. Notice shall be provided to the Campus Director of the campus or extension center where the event will occur. A representative must reserve space in advance of the event.
- In the case of an unplanned demonstration, demonstrators shall provide advance written notice of their intent to demonstrate on any of the campuses or elsewhere on College-owned or leased property. Notice shall be made to the Campus Director of the campus or extension center where the demonstration will occur.
- Unless otherwise authorized, demonstrations shall not take place inside buildings.
- Demonstrations shall not restrict free movement on any college property.
- Any posted or distributed materials must clearly identify the group, organizaiton, or person(s) responsible for the demonstration. Use of the CCBC logo or likeness is prohibited on any posted or distributed materials. Demonstrators must follow the college procedures and policies regarding posting and distribution of materials, and such materials may be posted or distributed without the CCBC logo provided they otherwise adhere to college policy.
- All students who demonstrate will remain subject to the student Code of Conduct. All employees who demonstrate will remain subject to the Employee Handbook and Board of Trustees Policy Manual.
- If a demonstration involves disruptive activities, is otherwise interfering with the rights of others, or is in violation of this policy, the Director of Public Safety or his or her designee shall speak directly to those demonstrators who are engaging in the activities and request that such activities cease.
- If a demonstration becomes violent and/or otherwise endangers people or property, local authorities will be immediately notified.
PROCEDURAL PROTECTIONS FOR STUDENTS
Students accused of disciplinary violations are entitled to the following procedural protections:
- To be informed by the Office of Student Conduct of the charges against them, and the identity of the reporting party.
- To be allowed at least three business days to prepare for a disciplinary conference and five business days to prepare for a hearing.
- To hear and respond to the evidence upon which a charge is based.
- To call and engage relevant witnesses.
- To be assured of confidentiality, in accordance with the terms of the Family Educational Rights and Privacy Act of 1974.
- To be allowed to request that any person conducting a disciplinary conference, or serving as a hearing board member or hearing officer, be disqualified on the ground of personal bias as determined by the Director of Student Conduct.
- To be considered not responsible for the charges until proven responsible by a preponderance of the evidence.
CODE OF CONDUCT DEFINITIONS
When used in this Code:
- The term “aggravated violation” means a violation which resulted or possibly could have resulted in significant damage to persons or property or which otherwise posed a substantial threat to the stability and continuance of normal college or college-sponsored activities.
- The term “business day” means a weekday (Monday - Friday) not including holidays or when school is closed.
- The term “cheating” means using or attempting to use unauthorized or unapproved resources or information to complete an assignment. Examples include, but are not limited to:
- Obtaining an unauthorized copy of an exam ahead of time.
- Unauthorized use of equipment, such as text messaging, instant messaging, Internet access, etc.
- Looking at another student’s exam or at unauthorized notes or “cheat sheets” during an exam.
- Altering a graded assignment and then resubmitting it for re-grading as if it were the original work.
- The terms “college” and “institution” mean the Community College of Baltimore County, including primary and satellite campuses.
- The term “college premises” means buildings or grounds owned, leased, operated, controlled or supervised by the college.
- The term “college-sponsored activity” means any activity on or off college premises that is specifically initiated or supervised by the college.
- The term “disciplinary conference” means a forum in which the Director of Student Conduct or designee meets with a student to adjudicate an alleged violation of the Student Code of Conduct.
- The term “facilitation” means the act of helping or attempting to help another student cheat, fabricate or plagiarize. Examples include, but are not limited to:
- Giving another student one’s homework or assignments so it can be copied.
- Letting another student copy answers during the exam.
- Completing an exam or placement test in the name of another student.
- Giving exam information/answers to students in other sections of the same course, or to students who have not yet taken the exam.
- Allowing another student to look at your work during an exam, or reporting on exam information to a student taking it in another section.
- The term “egregious” means an act of blatant academic dishonesty that interferes with the work, grading or performance of other students or in other ways inhibits CCBC’s educational mission.
- The term “fabrication” means the act of falsifying, inventing, or changing any information, data or citation and then recording or reporting it. Examples include, but are not limited to:
- Falsifying laboratory or other exercise results.
- Creating or fabricating a citation.
- Changing or omitting data or result.
- The term “group” means a number of persons who are associated with each other, but who have not complied with college requirements for registration as an organization.
- The term “Hearing Panel” means a forum in which a Hearing Panel meets with a student to adjudicate an alleged violation of the Student Code of Conduct that is subject to suspension or expulsion.
- The term “organization” means a number of persons who have complied with college requirements for registration.
- The term “plagiarism” means the use of words or ideas of another source without giving credit to that source. Examples include, but are not limited to:
- Using another’s opinion.
- Facts or data including graphs and tables.
- Using quotations and paraphrasing without due credit. The term source refers to all published and unpublished works. This is separate from copyright infringement, which is unauthorized use of copyrighted material in a manner that violates one of the copyright owner’s exclusive rights.
- The term “reckless” means conduct which one should reasonably be expected to know would create a substantial risk of harm to persons or property or which would otherwise be likely to result in interference with normal college or college-sponsored activities.
- The term “student” means any person for whom the college maintains educational records, as defined by the Family Educational Rights and Privacy Act of 1974, and related regulations.
- The term “weapon” includes, but is not limited to, firearms, explosives, metal knuckles, TASERS, knives with blades more than 3 inches long, or any other instrument or substance identified as a weapon by the Maryland Annotated Code, Criminal Law Article, Section 4-101 or any item used to cause harm or threaten to cause harm.
- The terms “will” or “shall” are used in the imperative sense.
- The term “affirmative consent” means willingly and knowingly agreeing to engage in mutually understood sexual conduct. Consent must be mutual and ongoing, offered freely and knowingly, and cannot be given by a person who is incapacitated, as described below. Relying solely on non-verbal communication often leads to misunderstandings about consent. For this reason and for the purposes of this policy, consent to sexual activity must be expressed in explicit words. For a sexual encounter to be consensual, each participant is expected to obtain or give verbal consent to each act of sexual activity. Consent to engage in one form of sexual activity does not constitute consent to engage in other forms of sexual activity, and either party may withdraw consent at any time. Consent may not be inferred from silence, passivity, lack of resistance, or lack of an active response. Non-communication or silence constitutes lack of consent. A verbal “no” constitutes lack of consent, even if it sounds insincere or indecisive. Incapacitation also constitutes lack of consent. If at any time during a sexual interaction any confusion or ambiguity should arise about consent, it is the responsibility of the person initiating the activity to stop and clarify the other’s willingness to continue. If at any time consent is withdrawn, the activity must stop immediately. Consumption of drugs or alcohol, in and of itself, does not relieve a party of responsibility to obtain ongoing consent. In order for consent to be valid, all parties must be capable of making a rational, reasonable decision about the sexual act and must have a shared understanding of the nature of the act to which they are consenting. Under this policy, a person is considered incapable of giving consent, or “incapacitated,” if her or his judgment is substantially impaired by drugs, alcohol, or some other physical or mental condition; or if incapacitated by being threatened, intimidated, or coerced into giving consent. Indications of consent are irrelevant if the person is incapacitated. Engaging in sexual activity with someone who is incapacitated constitutes sexual misconduct and violates this policy. Examples of incapacitation include, but are not limited to, being passed out, asleep, unable to communicate, subjected to violence or threat of violence, or intoxicated at a level that substantially impairs judgment.
INTERPRETATION OF REGULATIONS
The purpose of publishing disciplinary regulations is to give students general notice of prohibited behavior. This Code is not written with the specificity of a criminal statute.
The college reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. Such action may include taking disciplinary action against those students whose behavior off college premises indicates that they pose a substantial danger to others.
VIOLATIONS OF FEDERAL, STATE OR LOCAL LAW AND COLLEGE REGULATIONS
Students may be accountable both to civil authorities and to the college for acts that constitute violations of law and of this Code. Disciplinary action at the college will normally proceed during the pendency of criminal proceedings, and will not be subject to challenge on the ground that criminal charges involving the same incident have been dismissed or reduced.
The Director of Student Conduct or designee at any CCBC campus may suspend a student from the college for an interim period pending disciplinary or criminal proceedings, or medical evaluation. The interim suspension shall become immediately effective without prior notice whenever there is evidence that the continued presence of the student at the college poses a substantial and immediate threat to him/herself or to others or to the stability and continuance of normal college functions.
A student suspended on an interim basis shall be given a prompt opportunity to speak with the Dean of College Life or designee in order to discuss the following issues only:
- the reliability of the information concerning the student’s conduct, including the matter of his or her identity;
- whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on college premises poses a substantial and immediate threat to himself or herself or to others or the stability and continuance of normal college functions.
STANDARDS OF CLASSROOM BEHAVIOR / ACADEMIC INTEGRITY
Primary responsibility for managing the classroom environment rests with the faculty member. Students who engage in any prohibited or unlawful acts that result in disruption of a class may be directed by the faculty member to leave the class for the remainder of the class period. Longer suspensions from a class, or dismissal on disciplinary grounds, must be proceeded by a hearing or disciplinary conference.
Academic integrity is a core institutional value at CCBC. Students, faculty, administrators and staff have the right to expect a learning environment where academic integrity is valued and respected. To protect that right, it is essential that faculty address academic integrity issues when an incident is first identified.
- If academic dishonesty is established, the standard penalty for a first offense is an “F” in the course. Lesser penalties may be imposed if significant mitigating factors are present. A student remains subject to suspension or expulsion, even for a first offense, if the alleged misconduct is deemed egregious or harmful to CCBC’s educational mission.
- The Student Conduct Administrator will serve as the resource to faculty and students regarding the Code of Conduct in order to ensure due process.
- A faculty member who observes an act of apparent academic dishonesty or receives an allegation of academic dishonesty, e.g., cheating, fabrication, facilitation and/or plagiarism, will investigate the incident or allegation. The faculty member will, with the department chairperson, determine what further action the evidence warrants.
- If the evidence is not sufficient to indicate that an act of academic dishonesty occurred, the faculty member will request a meeting with the student to discuss the incident within ten (10) business days. If the student does not respond, the faculty member will inform the student in writing of the allegation of academic dishonesty and that evidence does not support further action.
- If the evidence of an act of academic dishonesty is convincing, the faculty member will complete the Student Incident Report (SIR) form and request a meeting with the student to be held within ten (10) business days of the discovery of the alleged violation.
- The faculty member may assign a grade sanction and will inform the student in person or in writing via the students CCBC e-mail account. If the sanction is a reduced grade in the course, the student may not receive a “W” or “AU.”
- The faculty member will submit the SIR form electronically and attach documentation.
- During the period of investigation and/or adjudication, the student cannot drop the class in question.
- All students who have been found responsible for an academic integrity violation will be sent a letter from the Office of Student Conduct notifying them of the violation and warning them that additional violations could lead to suspension or expulsion from the college.
- The student may appeal the findings to the Director of Student Conduct in writing within three (3) business days of notification of the sanction. If the student appeals, the imposition of the sanction will be delayed until the appeal process is complete. The student will not be permitted to change the grade in the course wherein the alleged academic dishonesty occurred to a “W” or an “AU” during the appeal process. If the appeal process extends beyond the end of the semester, an “I” grade may be assigned for that course until the appeal is resolved.
- Within ten (10) business days of the appeal, the campus Student Conduct Administrator will review the documentation for compliance with the Code of Conduct, search the repository for evidence of prior violations, and make recommendations to the Director of Student Conduct. The Director of Student Conduct will inform the faculty member of the status of the appeal in writing.
- The Director of Student Conduct will review the campus Student Conduct Administrators’ recommendations and:
- If the evidence suggests that the academic dishonesty was egregious or repeated and suspension or expulsion is appropriate, the Director of Student Conduct will refer the case to a Hearing Panel. Within fifteen (15) business days of the notification of the case, a Hearing Panel will convene and make recommendations to the Director of Student Conduct, who will review the recommendations for compliance with the Code of Conduct and forward them to the Academic Dean. The Academic Dean will inform the faculty member of the status of the appeal in writing.
- If the evidence suggests that a sanction other than suspension or expulsion is appropriate, within ten (10) business days of notification of the case, the Director of Student Conduct will make a decision and inform the student, faculty member involved and appropriate Academic Dean.
- The Academic Dean may accept or modify the recommendations within ten (10) business days of receipt of the Director of Student Conducts’ decision and will inform the student, the faculty member and the Director of Student Conduct in writing of the decision. At this point the faculty member will make any necessary grade adjustment.
- The Academic Dean’s decision is final except when the sanction is suspension or expulsion. In these cases, within ten (10) business days of notification of the decision, the student will have the right to appeal to the Vice President of Enrollment and Student Services. Within ten (10) business days of the notification of the appeal, the Vice President of Enrollment and Student Services will inform the student, the faculty member, the Academic Dean and the Director of Student Conduct of the final decision.
CCBC expects that its students will adhere to high standards of good citizenship. The following misconduct is subject to disciplinary action as determined by the Director of Student Conduct or designee:
- Physical Harassment - Intentionally or recklessly causing physical harm to any person on college premises or at college-sponsored activities, or intentionally causing reasonable apprehension of such harm.
- Sexual Misconduct or Sexual Harassment. Sexual misconduct includes any sexual act or sexual contact, without consent, including intercourse, oral sex, unwanted touching of an intimate part of another person, such as sexual organs, buttocks or breasts; or an attempt of any of the above (this description is not intended to be inclusive of all conduct that could fall within this category). For purposes of this Policy, consent is defined as an affirmative indication of a voluntary agreement to engage in the particular sexual act or conduct in question. Consent cannot be obtained through the use of force, threat or intimidation. Consent cannot be given by someone who is so intoxicated and/or incapacitated by drugs or alcohol or for any other reason as not to be able effectively to communicate an unwillingness to consent or so as not to be able to understand the nature of the conduct being engaged in. Silence does not constitute consent. Each case will be judged on its particular facts. Drug or alcohol intoxication of the offender is not a defense to a charge of sexual misconduct and will not be considered a mitigating factor in assessing an appropriate sanction as defined in published college regulations. Sexual misconduct or sexual harassment is a form of sex discrimination and subject to the applicable application of Federal law. CCBC expressly prohibits discrimination on the basis of sex in all of its educational programs, activities, and policies. CCBC is committed to preventing the occurrence of sexual misconduct and to the application of remedies of its discriminatory effects. This includes:
- Sexual Harassment is any unwelcome sexual advance, unwelcome request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when: (a) Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, evaluation of academic work, or participation in any aspect of a college program or activity; (b) Submission to or rejection of such conduct by an individual is used as the basis for academic, employment, or activity or program participation related decisions affecting an individual; or (c) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance, i.e., it is sufficiently severe or pervasive to create an intimidating, hostile, humiliating, demeaning or sexually offensive working, academic, residential or social environment.
- Sexual Assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient.
- Non-Consensual Sexual Contact and Non-Consensual Sexual Intercourse as defined below may be considered Sexual Assault within the meaning of this Policy.
- Non-Consensual Sexual Contact is any intentional sexual touching, however slight and with any object or body part, or exposure or disrobing of another, that is without consent (as defined below) and/or by force or coercion. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
- Non-Consensual Sexual Intercourse is any sexual penetration or copulation, however slight and with any object or body part that is without consent and/or by force or coercion. Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger, and oral copulation (mouth and genital/anal contact), no matter how slight the penetration or contact.
- Sexual Exploitation means taking non-consensual or abusive sexual advantage of an individual to benefit anyone other than the person being exploited. Examples include: invading privacy, video or audio recording of sexual acts without consent, knowingly transmitting a Sexually Transmitted Infection (STI), sexually-based stalking or bullying, or exposing one’s genitals.
- Sexual Intimidation means (a) threatening to sexually assault another person; (b) gender or sex-based stalking, including cyber-stalking; or (c) engaging in indecent exposure.
- Dating Violence means violence or threat of violence between individuals in a personal and private social relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
- Domestic Violence means violence committed by a current or former spouse or intimate partner, by a person with whom a child is shared in common, by a person cohabitating with or has cohabitated with the individual as a spouse or intimate partner, by a person similarly situated to a spouse, or by any other person similarly situated to a spouse or any other person against an adult or youth protected from those acts by domestic or family violence laws of Maryland. Domestic violence includes threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other.
- Stalking means the repetitive and/or menacing pursuit, following, harassment, or other interference with the peace and/or safety of another person or that of his or her immediate family members; including cyber-stalking.
- Unauthorized use, possession or storage of any weapon on college premises or at college-sponsored activities.
- Intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency on college premises or at college-sponsored activities.
- Any act or omission committed on or off campus that constitutes a serious criminal offense. A serious criminal offense is defined as an action that Maryland state law identifies as a felony and which indicates that the student constitutes a substantial and continuing danger to the safety or property of the college or members of the campus community. Any student who is arrested on or off campus must inform the Dean of College Life within 48 hours of the arrest. A student may be placed on “Interim Suspension” pending the resolution of an arrest (see section INTERIM SUSPENSION).
- Illegal drug possession or use (including drug paraphernalia possession). Unauthorized distribution or possession for purposes of distribution of any controlled substance or illegal drug on college premises or at college-sponsored activities.
- Unauthorized use, possession, or distribution of alcoholic beverages (regardless of age).
- Intentionally furnishing false information to the college including soliciting, making, possessing, or using any forged, altered, or falsified identification on college premises, or at college-sponsored activities; soliciting, making, possessing, or using any forged, altered, or falsified college document, on or off-campus. This includes lying to any college official during an investigation or inquiry.
- Abuse of or interference with the student conduct system: applies to any college hearing or other proceeding under this or any other policy related to student conduct. Includes, but is not limited to, failure to obey a notice or official request to appear for a meeting or hearing; failure to provide information at a hearing or to provide truthful information; falsification, distortion, or misrepresentation of information; disruption or interference with the orderly conduct of a proceeding; institution of a proceeding in bad faith; attempting to discourage or retaliate for an individual’s proper use of a policy or participation in a proceeding; harassment (verbal or physical) and/or intimidation or attempted intimidation of a participant, administrator, or decision-maker prior to, during, and/or after a proceeding; failure to comply with the sanction(s) imposed under a policy; influencing or attempting to influence another person to commit conduct described in this provision.
- Intentionally interfering with the freedom of expression of others on college premises or at college-sponsored activities.
- Academic dishonesty, including but not limited to cheating, plagiarism, facilitation, and fabrication.
- Theft or attempted theft of property or of services on college premises or at college-sponsored activities; knowing possession of stolen property on college premises or at college-sponsored activities. This includes theft of money or goods and services by electronic means, fraud, and/or false pretense.
- Intentionally or recklessly destroying or damaging the property of others on college premises or at college-sponsored activities.
- Engaging in disorderly or disruptive conduct on college premises or at college-sponsored activities which interferes with the activities of others, including studying, teaching, research and college administration.
- Failure to comply with the directions of college officials, including campus public safety officers, faculty, and professional staff acting in the performance of their duties. This includes failure to produce identification when requested as well as providing false, distorted, or misrepresented information to a college official.
- Unauthorized use or possession of fireworks on college premises.
- Harassment or Intimidation: physical or psychological harassment or abuse of any member of the college community or of any guest. Harassment is behavior that either is intended to, or actually does, inflict harm or emotional distress or provoke a violent reaction. It may include use of racial, ethnic, sexual, religious, or personal slurs or epithets, or other threatening, intimidating, hostile, or abusive treatment of any person or group of persons in the college community.
- Hazing: an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not a neutral act and is considered a violation of this rule.
- Misappropriation or misuse of funds or property: includes improper handling or use of college or student organization funds or property.
- Misuse of electronic devices: includes cellular telephones and other electronic devices. Includes, but is not limited to, use in a manner that causes disruption or the use for the purposes of photographing test materials or for engaging in other forms of academic misconduct or prohibited activity. Also includes any unauthorized use of electronic or other devices to make an audio or video record of any person while on college premises without his or her prior knowledge or without his or her effective consent. This includes, but is not limited to, taking pictures or videos of another person in an area in which the individual has a reasonable expectation of privacy, such as a locker room, or restroom.
- Misuse of telephone or other technology: includes, but is not limited to, making or assisting in making unauthorized telephone calls, misuse or tampering with telephone or communications equipment, unauthorized use or possession of telephone or other communications equipment or services, and inappropriate use of voicemail. Students should comply with the technology acceptable use policy of the college which includes proper use of college issued e-mail, college owned social media sites, and access to the world wide web via CCBC owned devices and networks.
- Unauthorized entry: entry or attempted entry to any college facility without authority or against the will of the occupant or the individual in charge of the facility. Includes, but is not limited to, unauthorized use or occupation of any part of college property (e.g., gaining access to roofs or balconies or using a window as a means of entrance or exit) and unauthorized possession, duplication, or use of ID or keys to any college premises.
- Violation of college policy: violation of any college policy, rule, or regulation, whether published in hard copy or available electronically on the college website. Includes, but is not limited to, regulations pertaining to parking, traffic, library, dining hall, campus solicitations, and sales.
- Aiding or abetting another in the commission of any offense(s); soliciting another person to commit any offense(s), and/or attempting to commit any offense(s) mentioned in this code.
Sanctions that may be imposed for any violations of this Code may include:
- Warning: notice, orally or in writing, that continuation or repetition of prohibited conduct may be cause for additional disciplinary action.
- No-Trespass Order: A written directive barring a student from all CCBC property for a specified period of time. Violating this order will result in the student’s arrest for trespassing.
- No Contact Directive: A written directive that sets specific limitations on the type of contact one student can have with another for a specific period of time. Failure to comply with the directive will lead to an interim suspension from the college.
- Mandated physical/psychological evaluation: A requirement that a student must have a physician or licensed therapist complete a “return to campus” form stating that the student is capable of being successful within the learning environment.
- Censure: A written reprimand for violation of specified regulations, including a warning that continuation or repetition of prohibited conduct may be cause for additional disciplinary action. Notice of this action may appear on the student’s academic transcript for up to one year.
- Restitution: repayment to the college or to an affected party for damages resulting from a violation of this Code. Probation/Provisional Enrollment specifies that continued enrollment is conditional on successfully satisfying identified actions or conditions for a specified period of time, during which other sanctions may also be imposed. If an additional act of misconduct occurs or violation of any condition of probation or provisional enrollment occurs, additional sanctions may be imposed.
- Disciplinary Probation: is for a designated period of time and includes the possibility of more severe sanctions if the student is found to violate any institutional policies during the probationary period.
- Fractional Suspension: The restriction of the student from entering specified areas of college property for a specified period of time or participating in specified classes, programs or activities for a specified period of time to be contained in a written notice of fractional suspension.
- Term Suspension: exclusion from college premises, and other privileges or activities, as set forth in the suspension notice. During a period of suspension, a student is considered trespassed from all CCBC property. Before a student can re-enroll, the student must contact the Director of Student Conduct to have their Dean’s hold removed. A student suspended for disciplinary reasons is not entitled to a refund on tuition or fees and will earn a grade of “F” for all courses they are currently enrolled in on the date that the sanction takes effect.
- Expulsion: permanent termination of student status, and exclusion from college premises, privileges and activities. This action will be recorded on the student’s academic transcript. Any student expelled from CCBC is also trespassed from the institution permanently. A student expelled for disciplinary reasons is not entitled to a refund on tuition or fees and will earn a grade of “F” for all courses they are currently enrolled in on the date that the sanction takes effect.
- Deferred Suspension: probationary period where if a student is found responsible for violating college policy during the term of the sanction, the student will be retro-actively suspended and will earn a grade of “F” for all courses they are currently enrolled in on the date that the sanction takes effect.
- Location Restriction Notices: A notice of restriction from a particular area or building for a specified period of time.
- Academic Dishonesty: The standard penalty for an act of academic dishonesty is an F in the course. Lesser sanctions that may be imposed by a faculty member include the following: a reduction in the grade in the course; a reduction in grade for an assignment, exam, or project; repetition of an assignment and/or a written warning. Other Sanctions: other sanctions may be imposed instead of, or in addition to, those specified in this section. Service or research projects may also be assigned. Repeated or aggravated violations of any section of this Code may also result in expulsion or suspension or in the imposition of such lesser penalties as may be appropriate.
Attempts to commit acts prohibited by this Code may be punished to the same extent as completed violations.
STANDARDS OF DUE PROCESS
Students subject to expulsion or suspension from the college will be entitled to a hearing before a Hearing Panel, appointed in accordance with policies set forth in this Code. Students subject to lesser sanctions will be entitled to a disciplinary conference set forth in this Code.
The purpose of campus disciplinary proceedings is to provide a fair evaluation of a respondent’s responsibility for violating college regulations. Formal rules of evidence shall not be applied, nor shall deviations from prescribed procedures necessarily invalidate a decision, unless significant prejudice to a respondent or the college may result.
Any person may refer a student or a student group or organization suspected of violating this Code to the Office of Student Conduct. Those referring cases are normally expected to serve as the reporting party, and to present relevant evidence in hearings or conferences.
CONFERENCE AND HEARING PANEL REFERRALS
The Director of Student Conduct or designee will conduct a preliminary review to determine whether the alleged misconduct might result in expulsion or suspension from the college. Students not subject to suspension or expulsion will be entitled to a disciplinary conference with the Director of Student Conduct or designee, as set forth in this Code. Students who are subject to suspension or expulsion will be entitled to a hearing before a campus Hearing Panel.
Students referred for a hearing by the Director of Student Conduct or designee may elect to have their cases resolved in accordance with this Code. Such an election must be made affirming that the student is aware a hearing is being waived. The full range of sanctions may be imposed, including suspension or expulsion from the college.
The Director of Student Conduct or designee may defer proceedings for alleged violations of this Code for a period not to exceed 90 days. Pending charges may be withdrawn thereafter, at the discretion of the Director of Student Conduct or designee. In the case of exigent circumstances, the college reserves the right to conduct a modified Hearing Panel when the availability of a student is not possible.
Students accused of offenses that may result in penalties less than expulsion or suspension are subject to a disciplinary conference with the Director of Student Conduct or designee. The following procedural protections are provided to respondents in disciplinary conferences:
- written notice of the specific charges at least three (3) business days prior to the scheduled conference. Students can, at their request, waive their right to three (3) business days advance notice in order to schedule an expedited conference.
- reasonable access to the case file prior to and during the conference. The case file consists of materials which would be considered “educational records,” pursuant to the Family Educational Rights and Privacy Act of 1974; personal notes of college; staff members or reporting parties are not included.
- an opportunity to respond to the evidence and to call relevant and necessary witnesses.
CCBC HEARING PANEL
The Director of Student Conduct or designee will establish a Hearing Panel for each case, as specified in this Code. The Hearing Panel shall be comprised of three members and one student to include at least one faculty/administrator, one student, and a Panel Chair. The Director of Student Conduct or designee shall be responsible for training and providing administrative support to the Panel. A student may waive their right to a full hearing and have their case adjudicated before a singular administrator at the student’s request (See DISCIPLINARY CONFERENCES).
Both the findings and the sanctions determined by the Hearing Panel shall be regarded as recommendations to the Director of Student Conduct or designee.
Members of any CCBC Hearing Panel who are charged with a violation of this Code or with a criminal offense may be suspended from their positions by the Director of Student Conduct or designee during the pending of the charges against them. Members found responsible for any such violation or offense may be disqualified from any further participation in the college judicial system.
HEARING PANEL PROCEDURES
The following procedural guidelines shall be applicable in hearings conducted by the CCBC Hearing Panel:
- The Director of Student Conduct or designee will appoint a Hearing Chair. The Hearing Chair shall conduct the hearing. He or she may participate in Panel deliberations and discussions, and have an equal vote.
- The Director of Student Conduct or designee shall give respondents notice of the hearing date and the specific charges against them at least five (5) business days in advance. Respondents shall be given reasonable access to the case file, which will be retained in the Office of Student Conduct (Essex Campus- Student Services Center - 105). Students can, at their request, waive their right to five (5) business days advance notice in order to schedule an expedited hearing.
- The Hearing Chair may call relevant witnesses, after consultation with the Director of Student Conduct or designee. “Notices to Appear” will be e-mailed using the official CCBC e-mail accounts. College students and employees are expected to comply with “Notices to Appear” issued pursuant to this procedure, unless compliance would result in significant and unavoidable personal hardship, or substantial interference with normal college activities, as determined by the Director of Student Conduct or designee. Respondents who fail to appear after proper notice will be deemed to have pled “No Contest” to the charges pending against them. Nonetheless, the reporting party will be required to present a case.
- Hearings will be closed to the public.
- Students are not permitted to bring anyone (other than relevant witnesses) to the hearing.
- The Hearing Chair shall exercise control over the proceedings to avoid needless consumption of time and to achieve orderly completion of the hearing. Any person, including the respondent student, who disrupts a hearing may be excluded by the Hearing Chair.
- Hearings shall be tape recorded for the purpose of appeal only. The college does not provide copies or transcriptions of hearings to students.
- Any party may challenge a board member or the Hearing Chair on the ground of personal bias. Board members may be disqualified by the Hearing Chair. The Hearing Chair may be disqualified by the Director of Student Conduct or designee.
- Witnesses shall be asked to affirm that their testimony is truthful, and may be subject to charges of violating this Code by intentionally providing false information to the college.
- Prospective witnesses, other than the reporting party and the respondent, may be excluded from the hearing during the testimony of other witnesses. All parties, including witnesses, shall be excluded during Panel deliberations, which shall not be recorded.
- The charges against the respondent must be established under the standard of evidence of more likely than not (preponderance of the evidence).
- Formal rules of evidence shall not be applicable in disciplinary proceedings conducted pursuant to this Code. The Hearing Chair shall give effect to the rules of confidentiality and privilege, but shall otherwise admit all matters into evidence which a reasonable person would accept as having probative value in the conduct of their affairs. Unduly repetitious or irrelevant evidence may be excluded.
- Reporting parties and respondents shall be afforded an opportunity to ask relevant questions of those witnesses who testify at the hearing.
- Panel members may take notice of matters which would be within the general experience of college students and faculty members.
- Prior judicial record. The Chair or Hearing Officer shall inform the respondent student that his or her prior judicial record shall not be taken into account in determining whether he or she violated the Code. However, if the respondent student makes false statements about his or her prior judicial record during the hearing, the Panel or Hearing Officer may take into account relevant information from a witness or college official concerning that record for the sole purpose of assessing the credibility of the respondent student. The Panel or Hearing Officer may take into account any prior judicial record, including sanctions imposed, when determining sanctions for a violation.
- Any determination of responsibility will be supported by brief written findings that will be placed in the case file and made available to the student respondent by the Director of Student Conduct or designee upon request.
Mediation is encouraged as an alternative means to resolve some disciplinary cases. The Director of Student Conduct or designee shall inform reporting parties and respondent students in writing about the availability of mediation resources, including resources offered by county agencies when deemed appropriate by the Director of Student Conduct.
The Director of Student Conduct or designee, in the exercise of his or her discretion, may decline to process a complaint until the parties make a reasonable attempt to achieve a mediated settlement. To be binding in a disciplinary case, any mediated settlement must be approved by the Director of Student Conduct or designee. Mediation will not be used in the case of sexual misconduct or violations involving violence.
STUDENT GROUPS AND ORGANIZATIONS
Student groups and organizations may be charged with violations of this Code.
A student group or organization and its officers may be held collectively and individually responsible when violations of this Code by those associated with the group or organization have received the consent or encouragement of the group or organization or of the group’s or organization’s leaders or officers.
The officers or leaders or any identifiable spokesman for a student group or organization may be directed by the Vice President of Enrollment and Student Services’ designee to take appropriate action designed to prevent or end violations of this Code by the group or organization. Failure to make reasonable efforts to comply with the Vice President of Enrollment and Student Services’ designee order shall be considered a violation of this Code, both by the officers, leaders or spokesmen for the group or organization and by the group or organization itself.
Sanctions for group or organization misconduct may include revocation or denial of registration or recognition, as well as other appropriate sanctions.
A decision by a CCBC Hearing Panel is a recommendation to the Director of Student Conduct or designee. The Director of Student Conduct or designee will make a final decision and notify the respondent within three (3) business days.
The imposition of sanctions will be deferred during the pendency of the Director of Student Conduct or designee’s review, unless, in the discretion of the Director of Student Conduct or designee, the continued presence of the student on the campus poses a substantial threat to him/herself or to others, or to the stability and continuance of normal college functions. During the investigation, adjudication, and appeal, a student is not permitted to withdraw from the college except under rare circumstances and only at the discretion of the Dean of College Life. Students who withdraw from the College in violation of this policy will be retroactively reinstated.
A final appeal may be made to the Vice President of Enrollment and Student Services. Only two sanctions may be appealed – suspension or expulsion. A student may appeal a finding of suspension or expulsion on one or more of the following grounds only:
- New evidence exists that was not available at the original hearing.
- A student can prove that their due process rights were violated in such a way as to impact the fairness of the hearing process.
- The student feels the sanctions imposed are disproportionate to the offense.
The appeal should be made to the Vice President of Enrollment and Student Services through the Director of Student Conduct or designee, in writing within ten (10) business days from the date of delivery by e-mail of the decision from the Director of Student Conduct or designee. The Vice President of Enrollment and Student Services, after reviewing all evidence and the summary of the hearing will communicate his/her decision to the student in writing within ten (10) business days.
DISCIPLINARY FILES AND RECORDS
Case referrals will result in the establishment of a disciplinary file in the name of the respondent student, which shall be voided if the student is found not-responsible for the charges. Voided files will be so marked, shall not be kept with active disciplinary records, and shall not leave any student with a disciplinary record.
The files of students found responsible of any charges against them are maintained indefinitely. Disciplinary records may be reported to third parties, in accordance with college regulation and Federal privacy law (see college policy on FERPA).
SEXUAL MISCONDUCT AWARENESS
CCBC is committed to maintaining a learning and working environment for students, faculty, and staff that is free of sexual harassment. Sexual harassment is contrary to the standards of the college community, and it is a barrier to fulfilling the college’s academic mission.
Education and awareness are essential to CCBC’s efforts against sexual harassment including sexual assault, and the college provides educational materials and programs. Education efforts shall include the on-going discussion of the sexual harassment policy and an understanding of what constitutes sexual harassment, procedures for addressing alleged sexual harassment, and methods for prevention of sexual harassment. Educational programs shall be held for new students (i.e., first-year/full-time) and new faculty and staff members. Ongoing educational programs shall also be held for faculty, staff, and students.
ADJUDICATION OF SEXUAL MISCONDUCT COMPLAINTS
What to Do After an Assault
Victims of sexual assault are strongly encouraged to take the following steps soon after the assault:
- Seek support. Call a friend, family member, or someone else nearby contact a campus consultant or outside source of support.
- Report the assault to Public Safety, at 410-840-1111. Public Safety officers are trained responders. Reporting the assault is important for your protection, and to pursue any legal remedy related to the assault, such as prosecution, should you decide to do so. Reporting the assault can also help you regain a sense of personal power and control, and can help ensure the safety of other potential victims.
- If the alleged perpetrator was unknown to you, try to remember any helpful details that may lead to his or her identification, such as scars or other marks, jewelry, dress, language, approximate height and weight in comparison to your own, vehicle description, tag number. Write these down as soon as you can, and include the date and time of writing.
- At this moment, or later, you will need to decide whether to pursue a legal remedy. To support legal remedies, do the following:
- Do not disturb the area, room, or vehicle where the assault was committed.
- Do not bathe, shower, douche, brush your teeth, or eat or drink.
Preservation of Evidence and Forensic Examinations
If you believe that you may at any time choose to pursue legal remedy related to the assault, please request that the hospital perform a free Sexual Assault Forensic Examination (SAFE). Agencies vary as to the exact length of time, but physical evidence is most effectively obtained within 48 to 72 hours of a sexual assault.
Maryland law allows a hospital to provide the SAFE exam free of charge, and there is no requirement for you to report an attack to the police; you can remain anonymous and the evidence will be held for a time with no identification. Public Safety will provide for your transportation at your request.
- Greater Baltimore Medical Center (GBMC, at 6701 North Charles Street in Towson; ER 443-849-2225) is the closest hospital designated for sexual assault evidence collection and performs SAFE exams.
- Mercy Hospital (at 301 St. Paul Place in Baltimore; ER 410-332-9477) is the designated hospital in Baltimore City and performs SAFE exams. Both hospitals will perform the exams regardless of where the assault occurred, although GBMC works most closely with Baltimore County prosecutors.
If you are sexually assaulted, you have the right to notify the appropriate law enforcement officials, including local police, and you have the right to file criminal charges. At your request, Public Safety, as well as your advisor, if requested, will promptly assist you in notifying law enforcement officials. If you wish to notify law enforcement officials but are unable to do so yourself, Public Safety will promptly do so for you with your consent. You also have the right not to report the incident to criminal authorities.
Obtaining Protective Orders
If you are the victim of relationship violence, you may be entitled to obtain a protective order against your abuser in the State of Maryland. A protective order (also known as a “domestic violence protective order,” or “DVPO”) is available for incidents of domestic abuse, which occurs when someone you have a specific relationship with (current/former spouse; cohabitant, which is someone with whom you have had a sexual relationship and lived with for at least 90 days in the past year and includes same-sex partners; relative; someone you have a child in common with) commits one of the following offenses against you:
- An act that places you in fear of immediate serious bodily harm or actually causes you serious bodily harm
- Attempted or actual rape or sexual offense
- False imprisonment, such as holding you somewhere against your will
You may also be eligible for a protective order if you are a “vulnerable adult” (an adult who lacks the physical or mental capacity to provide for his/her daily needs).
Note: If you are NOT eligible for a protective order, because you do not have the specific relationship with the abuser described above, but you have been the victim of abuse and need protection, you may be eligible to file for a peace order. Information about how to file for a protective order or a peace order can be found on the Maryland Judiciary system website.
Protective orders can require the abuser to stay away from you, leave your home, provide emergency family maintenance to you, and attend counseling. They can be valid for up to one year and can be renewed. Peace Orders can provide only a stay away order and require counseling, and are effective for up to 6 months but can be renewed.
Coordination of Criminal Procedures and Internal Campus Procedures
You, or when appropriate the college, may institute disciplinary procedures against a respondent student, faculty member, or staff member regardless of whether any criminal charges are filed. The complaint procedures are described in the Student Code of Conduct. If you believe that you have witnessed sexual assault against another person, please consider reporting the matter to Public Safety or to other college authorities.
Persons accused of sexual assault may be removed from campus pending disciplinary action or criminal procedures, to avoid additional conflict within the community and to protect the safety of all those involved and of the campus community. If a criminal charge is filed, the Title IX coordinator, in consultation with the college’s general counsel, shall determine whether action under this policy should be delayed pending the outcome of the criminal case. The college is not required to await the outcome of any criminal proceedings before taking action under this policy.
The Office of Student Conduct is designated to formally investigate reports of discrimination, harassment, or misconduct by students to address inquiries and to coordinate the College’s compliance efforts regarding reports of misconduct by students, regardless of the role of the reporting party, who may be another student, faculty, staff, guest, or visitor.
Notice of a formal report can be made in person, by phone, via email, or in writing to the Office of Student Conduct, Title IX Coordinator, and the Office of Public Safety. Upon receipt of a report, the Office of Student Conduct will confer with the Title IX Coordinator on interim action, accommodations for the reporting party (at no cost to the reporting party where possible), or other necessary remedial short-term actions.
If the reporting party wishes to pursue a formal resolution or if College, based on the alleged policy violation, wishes to pursue a formal resolution, then the Title IX Coordinator appoints trained investigators (typically using a team of two investigators) to conduct the investigation. Investigations are completed expeditiously.
The following are the recommended elements of a report:
- a clear and concise description of the alleged incident(s) (e.g., when and where it occurred);
- any supporting documentation and evidence;
- clear demonstration of all informal efforts, if any, to resolve the issue(s) with the person involved – this includes names, dates, and times of attempted or actual contact along with a description of the discussion and the manner of communication made in the course of each effort; if contacting the person involved is impracticable, the reporting party should state the reasons why;
- the desired remedy sought;
- name and all contact information for the reporting party;
- signed by the reporting party.
All investigations will be thorough, reliable, and impartial and will entail interviews with all relevant parties and witnesses, obtaining available evidence and identifying sources of expert information, if necessary. At any point during the investigation, if it is determined there is no reasonable cause to believe that College policy has been violated, the Title IX Coordinator has authority to terminate the investigation and end resolution proceedings. Where the responding party is found not responsible for the alleged violation(s), the investigation will be closed.
Formal and Informal Resolution Procedure for Reports of Misconduct
Before pursuing the Formal Resolution Process, every reasonable effort should be made to constructively resolve conflict with students, faculty, staff, or administrators. The person impacted should keep a written log that can aid in later investigation and resolution. Whenever possible and safe, the problematic behavior, conflict, or misconduct should first be discussed by the impacted person and the person engaged in the problematic behavior, conflict, or misconduct. The Office of the Title IX Coordinator will facilitate such conversations, upon request, and monitor them for safety. Various conflict resolution mechanisms are available, including mediation. Mediation is not used when violent behavior is involved, when the Coordinator determines a situation is not eligible, or the parties are reluctant to participate in good faith. The College does not require an impacted party to contact the person involved or that person’s supervisor if doing so is impracticable or if the impacted party believes that the conduct cannot be effectively addressed through informal means. If informal efforts are unsuccessful, the formal resolution process may be initiated. Either party has the right to end the informal process and begin the formal process at any time prior to resolution.
Formal Resolution Process for Reports of Misconduct by Students
- Review of evidence by the Title IX Coordinator. If evidence is present to indicate a policy violation may have occurred, then the process moves forward.
- Notice to accused: The person accused of sexual misconduct is notified in writing of the complaint and investigation, and both parties are provided with a copy of the written complaint. Both parties will meet for an intake meeting with the Title IX Coordinator, or designee, to explain the process and go over the students’ rights and responsibilities. The College will take steps to prevent reoccurrence and remedy the effects of the alleged behavior. A student can make a confidential report, but doing so may affect the College’s ability to adjudicate the case.
- Investigator: The Title IX Coordinator shall appoint an Investigator(s) to conduct an investigation of the complaint.
- Investigation: The reporting party and the respondent shall each be interviewed by the investigator(s).
- Both parties may present documents, the names of witnesses, and other evidence to the investigator(s). The respondent may not be present for the reporting party’s interview unless the complainant consents, and vice versa. The investigator(s) may also interview other witnesses and consider other evidence.
- Report and Recommendation: In a timely manner, but barring special circumstances no later than sixty days from the date the complaint is filed, the investigator shall make a report with recommendations to the Title IX Coordinator. The report shall describe the investigation and all relevant evidence obtained in it, shall provide support for the conclusions drawn by the investigator(s), and shall make recommendations for sanctions or other remedial action as appropriate. The investigator(s) shall arrive at their conclusions based on a preponderance of the evidence, meaning whether it is more likely or not that this policy was violated.
- Distribution of Report: The parties shall be provided a summary of the investigator(s) report and recommendations. Either party may view, but not copy, the full report and recommendations upon request. The report and recommendations may be redacted when necessary to protect privileged or confidential information, to protect the safety or well-being of individuals involved in the investigation, or to comply with the provisions of the Family Educational Rights and Privacy Act (FERPA).
- Appeal: Both parties shall be given the opportunity to respond to the report and recommendations by appealing to the Sexual Misconduct Appeals Panel. Such response may be in writing and shall be made within the time frame established by the panel, but in any event no more than 14 business days from the date the party receives the summary. The response is the parties’ opportunity to address any issues, concerns, or disagreements with the report and recommendation, including any concern that the procedures described in this policy may not have been followed, that the investigators’ findings are not supported by the information provided during the investigation, or that new information or relevant facts have become available since the time of the investigation.
- Decision: The Sexual Misconduct Appeals Panel shall review the investigators’ report and recommendation, and any responses made by the parties. The Panel will then issue a written decision that includes the imposition of sanctions, if appropriate. In determining sanctions, the Panel will take into account any previous violations of college policy.
- No Further Appeal: The decision of the panel represents the final decision of the college. No administrative processes otherwise available to students may be used to further appeal the decision of the Panel.
- Distribution of Decision: A copy of the written decision is provided to the respondent to the extent permitted by the provisions of FERPA and as required by the Jeanne Cleary Disclosure of Campus Security Police and Campus Crime Statistics Act (Cleary Act). In such cases, the reporting party shall also be advised of the Panel’s decision to the extent permitted by the provisions of FERPA.
- Sanctions: If the Panel determines that the respondent has violated the sexual misconduct policy, the Director of Student Conduct shall implement any sanctions imposed by the Panel.
Interim measures are those services, accommodations, or other assistance that the College puts in place for reporting party after receiving notice of alleged sexual misconduct but before any final outcomes, investigatory, disciplinary, or remedial have been determined. The College wants its students to be safe, to receive appropriate medical attention, and to get the help they need to heal and to continue to access their educational oppportunities. Upon receiving a report of sexual misconduct, the College will provide the reporting party, or the reporting party’s advisor, with the interim measures available on campus and/or through local community resources and shall ask the reporting party, or his or her advisor, what measures are sought. The College shall determine which measures are appropriate for a particular reporting party on a case-by-case basis. If the reporting party or advisor identifies an interim measure that is not already provided by the College, the College will consider whether the request can be granted. In those instances where interim measures affect both the reporting party and the alleged perpetrator, the College will minimize the burden on the reporting party wherever appropriate.
A student alleging sexual misconduct, or his or her advisor, may request the interim measures listed below. The College will determine which measures are appropriate to ensure the reporting party’s safety and equal access to educational programs and activities:
- academic accommodations;
- assistance in arranging for alternative College employment arrangements and/or changing work schedules;
- a “No Contact” directive pending the outcome of an investigation – such a directive serves as notice to both parties that they must not have verbal, written, or third party communication with one another;
- providing an escort to ensure that the student can move safely between school programs and activities;
- assistance in securing additional resources or assistance, including off-campus and community advocacy, support, and services.
The College shall work with reporting party to identify what interim measures are appropriate in the short term (e.g., during the pendency of an investigation or other school response) and shall continue to work collaboratively throughout the College’s process and, as needed thereafter, to assess whether the instituted measures are effective and, if not, what additional or different measures are necessary to keep the reporting party safe.
Participation of Advisors and Attorneys in the Resolution Process
Both parties (respondent and reporting party) are entitled to no more than two advisors, one of whom can be an attorney of their choosing. The purpose of advisors is to guide and accompany them throughout the campus resolution process. The advisor may be a friend, mentor, family member, attorney, or any other supporter a party chooses to advise them who is both eligible and available. People who will be called as witnesses may not serve as advisors. The parties may choose advisors outside the campus community.
The parties are entitled to be accompanied by their advisor(s) in all meetings and interviews at which the party is entitled to be present, including intake and interview(s). Advisors should help their advisees prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. All advisors are subject to the same campus rules, whether they are attorneys or not. Advisors may not present information on behalf of their advisee in a meeting or interview and should request or wait for a break in the proceeding if they wish to interact with campus officials. Advisors may confer quietly with their advisees as necessary, as long as they do not disrupt the process. For longer or more involved discussions, the parties and their advisors should ask for breaks or step out of meetings to allow for a private conversation Advisors will typically be given a timely opportunity to meet, in advance of any interview or meeting with the administrative officials conducting that interview or meeting. This pre-meeting will allow advisors to clarify any questions they may have and allows the College an opportunity to clarify the role the advisor is expected to take.
Advisors are expected to refrain from interference with the College investigation and resolution. Any advisor who steps out of their role in any meeting under the campus resolution process will be warned once and only once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave the meeting. When an advisor is removed from a meeting, that meeting will typically continue without the advisor present. Subsequently, the Title IX Coordinator will determine whether the advisor may be reinstated or replaced by a different advisor.
The state of Maryland has charged the Maryland Higher Education Commission (MHEC) with the task of providing and paying for attorneys for students (respondent and reporting party) involved in sexual misconduct disciplinary proceedings. MHEC has developed a list of attorneys and legal services programs willing to represent students on a pro bono basis or at fees equivalent to those paid to attorneys under civil legal services established under Title 11 of the Human Services Article. That list can be accessed through MHEC’s website: https://mhec.state.md.us. It is the student’s responsibility to arrange for these services in advance of his or her meetings/interview(s).
Sexual violence in all forms, including Sexual Harassment, Sexual Assault, Sexual Misconduct, and Sexual Exploitation, constitutes one of the most serious violations of respect for others and will not be tolerated within our community. Any student found responsible for violating the policy on Sexual Misconduct (where no intercourse has occurred) will likely receive a sanction ranging from a warning to expulsion, depending upon the severity of the incident, and taking into account any previous campus conduct code violations. Any student found responsible for violating the policy on Sexual Assault will likely face a recommended sanction of suspension or expulsion. Any student found responsible for violating the policy on Sexual Exploitation or Sexual Harassment will likely receive a recommended sanction ranging from warning to expulsion, depending upon the severity of the incident, and taking into account any previous campus conduct code violations.
The Sexual Misconduct Appeals Panel reserves the right to broaden or lessen any range of recommended sanctions in the complaint of serious mitigating circumstances or egregiously offensive behavior.
The College encourages reporting and seeks to remove any barriers to reporting by making the procedures for reporting transparent and straightforward. The college recognizes that an individual who has been drinking or using drugs at the time of the incident may be hesitant to make a report because of discipline consequences for his/her/their own conduct. An individual who reports sexual misconduct, either as a reporting party or a third party witness, will not be subject to disciplinary action by the college for his/her/their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The college may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs. The amnesty policy applies only to the college’s student conduct process.
CONFIDENTIALITY AND REPORTING POLICY
Reporting to “Responsible Employees”
- A “responsible employee” encompasses ALL College employees due to their duty to report incidents of sexual violence or other student misconduct, or who a student could reasonably believe has this authority or duty.
- When a victim tells a responsible employee about an incident of sexual violence, the reporting party has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.
- A responsible employee must report to the Title IX Coordinator all relevant details about the alleged sexual violence shared by the reporting party and that the College will need to determine what happened – including the names of the reporting party and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.
- To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College’s response to the report. A responsible employee should not share information with law enforcement without the reporting party’s consent or unless the reporting party has also reported the incident to law enforcement.
- Before a reporting party reveals any information to a responsible employee, the employee should ensure that the reporting party understands the employee’s reporting obligations and, if the reporting party wants to maintain confidentiality, direct the reporting party to off-campus confidential resources.
- If the reporting party wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the reporting party that the College will consider the request, but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the reporting party’s request for confidentiality.
- Responsible employees will not pressure a reporting party to request confidentiality but will honor and support the reporting party’s wishes, including for the College to fully investigate an incident. By the same token, responsible employees will not pressure a reporting party to make a full report if the reporting party is not ready to.
Requesting Confidentiality from the College: How the College Will Weigh the Request and Respond
- If the reporting party discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, including the reporting party.
- If the College honors the request for confidentiality, the reporting party must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited.
- Although rare, there are times when the College may not be able to honor the reporting party’s request in order to provide a safe, non-discriminatory environment for all students.
- When weighing the reporting party’s request for confidentiality or that no investigation or discipline be pursued, the Title IX Coordinator will consider a range of factors, including the following:
- The increased risk that the alleged perpetrator will commit additional acts of sexual or other violence, such as:
- whether there have been other sexual violence complaints about the same alleged perpetrator;
- whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence;
- whether the alleged perpetrator threatened further sexual violence or other violence against the reporting party or others;
- whether the sexual violence was committed by multiple perpetrators;
- whether the sexual violence was perpetrated with a weapon;
- whether the reporting party is a minor;
- whether the College possesses other means to obtain relevant evidence of sexual violence (e.g., security cameras or personnel, physical evidence);
- whether the reporting party’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.
The presence of one or more of these factors could lead the College to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, the College will likely respect the reporting party’s request for confidentiality.
- If the College determines that it cannot maintain a reporting party’s confidentiality, the College will inform the complainant prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the College’s response.
- The College may not require a reporting party to participate in any investigation or disciplinary proceeding.
- Because the College is under a continuing obligation to address the issue of sexual violence campus-wide, reports of sexual violence (including non-identifying reports) will also prompt the College to consider broader remedial action – such as increased monitoring, supervision or security at locations where the reported sexual violence occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.
- If the College determines that it can respect the reporting party’s request for confidentiality, the College will also take immediate action as necessary to protect and assist the complainant.
The College has designated the following individual(s) to evaluate requests for confidentiality once a responsible employee is on notice of alleged sexual violence:
Dr. Scott C. Eckhardt, Director of Student Conduct, Title IX Coordinator
7201 Rossville Blvd.
Essex-Student Services Center (SSRV) Suite- 105
Baltimore, MD 21237
Federal Reporting Obligations
Federal Statistical Reporting Obligations - certain campus officials have a duty to report Sexual Assault for federal statistical reporting purposes. All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on- or off-campus, in the surrounding area, but no addresses are given), for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities.
Federal Timely Warning Reporting Obligations - Victims of sexual assault should also be aware that college administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.
Complaints against students from other institutions or other campus visitors should be reported to the director of Public Safety, who will investigate the complaint and take appropriate action.
Complaints against employees of entities that do business with CCBC should be reported to the director of Public Safety, who will investigate the complaint and take appropriate action.
Baltimore County Crisis Response System (CRS)
Mental health crisis hotline 410-931-2214
24-hours, 7 days a week community hotline for mental health emergencies and information and referral responses to the entire county. It is staffed by mental health professionals. Provides a telephone triage and intervention, a Mobile Crisis Team, in-home intervention for families, face-to-face evaluation of needs, community education, and linkage to community treatment and support.
Franklin Square Hospital Center
9000 Franklin Square Drive
Baltimore, Maryland 21237-3998
443-777-7000, TTY: 443-777-7950; Emergency Department: 443-777-7046, TTY: 443-777-7994
Good Samaritan Hospital
5601 Loch Raven Boulevard
Baltimore, Maryland 21239
443-444-4000 or 443-444-8000, Emergency Department: 443-444-3830
Greater Baltimore Medical Center (GBMC)
6701 North Charles Street
Towson, Maryland 21204
443-849-2000; Emergency Room: 443-849-2225
Johns Hopkins Bayview Medical Center
4940 Eastern Avenue
Baltimore, Maryland 21224
410-550-0100, TTY:410-550-0316; Emergency Department: 410-550-0350
Sheppard Pratt Health System
6501 North Charles Street
Towson, Maryland 21285-6815
410-938-3800 or 410-938-3000;
Therapy Referral Service: 410-938-5000 or 410-938-3800 after hours; TTY: 410-938-3075 An Urgent assessment can be arranged by the Admissions office at 410-938-3800. Therapy Referral Service (TRS) is a free, confidential telephone service that will provide referral information for programs and locations within the Sheppard Pratt System in addition to other community mental health resources. TRS is not a counseling hotline.
Sinai Hospital of Baltimore
2401 West Belvedere Avenue
Baltimore, Maryland 21215-5271
410-601-9000, TTY: 410-601-4900; Emergency Center: 410-601-8800, TTY: 410-601-5247
Patients identified as needing emergency psychiatric evaluation are assessed and referred to the appropriate level of care.
211 Maryland at First Call for Help - United Way of Central Maryland
Dial 211 (available to Verizon landline and wireless customers) or 410-685-0525 (Greater Baltimore area); 1-800-492-0618 toll free throughout Maryland
TTY: 410-685-2159 (Monday-Friday 8:30 a.m. to 4:30 p.m. All other hours dial Maryland Relay 711.)
Experienced staff members help callers explore their problems and connect them with the public, nonprofit and private community resources that can help with their situation. This service is free and confidential. Callers may remain anonymous. Available 24 hours a day, 7 days a week.
Baltimore County/Carroll County Sexual Assault/ Domestic Violence Hotline
24-hours, 7 days a week hotline for sexual assault, rape and domestic violence victims who need information and referrals for services offered in the Baltimore and Carroll County areas. Trained counselors offer crisis counseling and safety planning. The Hotline assists domestic violence victims seeking shelter, or in need of a victim advocate and/or legal options. Assists rape and sexual assault victims requesting a companion to accompany them to the emergency room.
Baltimore County Department of Social Services
24-hours, 7 days a week referral line to connect you to a wide range of services and people who can best help you. Administers public social services for county residents. Administers public assistance to Baltimore County residents. Administers the Fuel Assistance Program for Baltimore County. Services include foster care for adults and children, adoption, services to pregnant and parenting teens, homeless services, and more. All reports of suspected child or adult abuse and neglect, as well as all requests for services to families, adults, or adolescents, are handled by this unit.
Childhelp - National Child Abuse Hotline
A nationwide service that provides confidential, assistance 24-hours, 7 days a week to children who are being abused and want help, to frustrated parents who are about to lose control and need help, to adults and children needing a local telephone number to report cases of abuse and to adult survivors of child abuse who are feeling unsafe or suicidal.
Family StressLine - The Family Tree
1-800-243-7337; Main Office 410-889-2300
24-hours crisis, 7 days a week hotline staffed by trained volunteers which provides support, crisis intervention and resource information about stress management and child behavior management for family members during times of crisis and stress. The Family StressLine serves the entire state of Maryland. This is a service of The Family Tree, which is dedicated to strengthening families and preventing child abuse and neglect through education and support.
Grassroots Crisis Intervention Center Inc.
410-531-6677, 1-800-422-0009 (Maryland Crisis Hotline)
Local crisis intervention services, including suicide, are available 24-hours a day, 7 days a week. Professional counseling staff will listen, provide support and make referrals. Crisis intervention counseling is available by phone or in person for anyone in need of immediate assistance with a personal, situational, or mental health crisis. Services are free of charge and confidential. Additional services include in-house and cold weather shelter.
Maryland Crisis Hotline
A confidential 24-hours, 7 days a week, toll free hotline designed to meet the needs of individuals in crisis. The Hotline works from anywhere in Maryland, providing immediate assistance from trained local crisis intervention counselors who are familiar with the available resources in the county in which the person resides. Provides help for problems such as suicide intervention, drug and alcohol abuse, physical and sexual abuse, depression, loneliness, relationship difficulties and many other issues.
National Domestic Violence Hotline
1-800-799-SAFE (7233), TTY 1-800-787-3224.
24 hours, 7 days a week hotline available for victims and anyone calling on their behalf to provide crisis intervention, safety planning, information and referrals to agencies in all 50 states, Puerto Rico and the U.S. Virgin Islands. Assistance is available in English and Spanish with access to more than 140 languages through interpreter services.
PROTECTION AGAINST RETALIATION
Threats, intimidation, and retaliation against a reporting party for bringing a sexual misconduct complaint are violations of this policy and thus may be grounds for disciplinary action.
The college will take steps to protect students and employees from reprisal by the respondent. Such protection will need to be appropriate to the individual’s circumstances. For students, this may include the opportunity to change an academic schedule of the reporting party or respondent, drop a course, transfer to another section, complete the course independently, have a pass/fail option, have a third party grade the work, have another person assigned to write recommendations or references on behalf of the student, or have another person assigned as an advisor to the student.
MISUSE OF POLICY
The purpose of this policy is to promote and maintain an environment at the Community College of Baltimore County that is free from sexual misconduct. Any member of the college community who believes that he or she has been subjected to sexual misconduct is encouraged to use the procedures provided in this policy, for the benefit and protection not only of that individual but ultimately of the entire college community. However, fabricated charges of sexual misconduct undermine the purpose and effectiveness of this policy. Accordingly, as is the case with any CCBC policy, persons who knowingly fabricate charges of sexual misconduct may be subject to disciplinary action. Allegations of fabricated charges must be reported within ninety calendar days of the date of the final decision. Such allegations may be reported to the administrator handling the complaint, who shall investigate the allegations and take any appropriate action.
INFORMATION CONCERNING REGISTERED SEX OFFENDERS
As required by the Campus Sex Crimes Prevention Act, the college community is advised that law enforcement agency information provided by the State of Maryland concerning registered sex offenders may be obtained at the following web site: http://www.dpscs.state.md.us/onlineservs/sor/. In addition, the Baltimore County Police Department provides CCBC’s Office of Public Safety with notice of registered child sex offenders who reside in Baltimore County. This information is available for review upon request by all members of the college community.
In pending cases that could result in suspension or expulsion, a temporary encumbrance will normally be placed on a student’s records by the Director of Student Conduct or designee. Permanent notation of disciplinary action will be made on the transcript whenever a student is expelled.