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UMBC Code of Student Organization Conduct

See COVID-19 Related Addendum

Article I. Student Organization Conduct and Judicial Affairs Mission
Article II. Purpose, General Provisions & Philosophy
Article III. Definitions
Article IV. Authority
Article V. Proscribed Conduct
Article VI. Judicial Processes and Outcomes
Article VII. Interpretation and Review

Article I. Student Organization Conduct and Judicial Affairs Mission

The University of Maryland Baltimore County is strongly committed to the development of the student and promotion of personal integrity and self-responsibility. Student Organizations at UMBC are active learning experiences and are supported by the University. The University has an interest in the development of its students through their active engagement in Student Organizations. This Code of Student Organization Conduct is intended to outline certain responsibilities and expectations of UMBC Student Organizations, assist the Student Organizations to understand their role in the academic community, and to establish procedures that ensure due process in the adjudication of complaints concerning Student Organizations. UMBC supports the rights of students to engage in free speech, association, and assembly.

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Article II. Purpose, General Provisions & Philosophy

  1. The University of Maryland, Baltimore County (UMBC) can make its maximum contribution as an institution of higher learning only if high standards of courtesy and integrity are maintained by every member of the University community. It is incumbent upon Student Organizations to conduct themselves within the framework of reasonable rules and regulations designed to prevent interference with, or obstruction of, the orderly operation of the University. Misconduct which violates the basic standards of behavior necessary for the maintenance of an educational environment or which adversely affects the ability of others to pursue their educational goals may ultimately call into question the Student Organization’s recognition by the University.
  2. The primary purpose of this Code of Student Organization Conduct is to serve the interests of both the UMBC community and Student Organizations by: (1) prescribing the standards of conduct expected of Student Organizations; (2) outlining actions which can be taken when misconduct occurs; (3) establishing procedures which ensure due process in the adjudication of complaints concerning Student Organizations; and (4) imposing sanctions in the University setting to protect, deter, and educate.
  3. The Student Conduct and Community Standards Office promotes the concepts of fairness and due process in judicial settings throughout the University community, while striking a balance between community standards and group behavior through the educational development of Student Organizations.
  4. All Student Organizations are subject to the Code of Student Organization Conduct. Student Organizations are responsible for the misconduct of their members, whether or not those members are currently students. In addition to the Code of Student Organization Conduct, all student organizations at the University of Maryland Baltimore County are also subject to the University’s Policy on Prohibited Sexual Misconduct and Other Related Misconduct (“Sexual Misconduct Policy”) and affiliated Procedures, which are separate from the Code of Student Organization Conduct standards and procedures. The Sexual Misconduct Policy covers behaviors related to discrimination, sexual and gender harassment, sexual assault, sexual exploitation, relationship violence, domestic violence, sexual intimidation, sex and gender-based stalking, and retaliation. The Sexual Misconduct Policy is listed as UMBC Policy IV-1.60.01 found at http://www.umbc.edu/policies In cases where the provisions in the Code of Student Organization Conduct and the provisions in the Sexual Misconduct Policy and the affiliated Procedures thereof are different or inconsistent, the Sexual Misconduct Policy and Procedures supersede for cases involving matters covered by the Sexual Misconduct Policy. Therefore, all students are expected to read the Sexual Misconduct Policy and Procedures, as well as the Code of Student Organization Conduct, to gain a thorough understanding of the expectations and procedures set forth in both processes and the differences between the two. When a student organization has been found in violation of the Sexual Misconduct Policy, the possible sanctions that may be applied are the same as those described in the Article IV.C. of this Code of Student Organization Conduct.
  5. UMBC is strongly committed to an academic environment that supports the humanity and dignity of all persons. As such, any behavior which threatens that principle, shall be subject to serious sanctions. In this regard, any act which threatens the safety or well-being of other persons shall be viewed as extremely serious and subject to the most serious sanctions, including suspension or dismissal from the University. Weapons are prohibited from being kept or carried on campus other than with the University Police in accordance with their procedures.
  6. While UMBC does not condone violations of its policies, the health and safety of our students is our primary concern and reporting crimes of violence and hazing are of paramount importance. UMBC seeks to create a culture of trust and care paired with safety and responsibility, while reducing any barriers that would prevent students from seeking assistance in an emergency or when they are the victim or bystander to a crime of violence or hazing. The Director of Student Conduct and Community Standards or their designee will make the final determination of the applicability of this protocol.
  7. Any violation or attempted violation of University rules and regulations which is motivated by bias towards a person or group protected by UMBC’s Notice of Non-Discrimination shall subject a Student Organization to a more severe sanction than would ordinarily accompany that violation or attempted violation.
  8. Student Organizations, its officers and individual members, will be responsible for the actions and conduct of its members and persons representing the organization.

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Article III. Definitions

  1. The term “Vice President for Student Affairs” means the person delegated by the President of the University of Maryland Baltimore County to be responsible for the overall operation of the Student Conduct Review System. The Vice President for Student Affairs may designate a delegate or representative to act in his/her behalf.
  2. The term “day” means a full University business day of the month.
  3. “Charging Party” means the person or office that has referred, for adjudication, alleged Code of Student Organization Conduct rule violations, or the person or office appointed by the Director of Student Conduct and Community Standards to act as Charging Party.
  4. “Charged Organization” means the Student Organization alleged to have violated the Code of Student Organization Conduct rule(s) or regulation(s).
  5. The term “Student Organization” means any number of persons who have complied with the formal requirements for UMBC recognition as a club or organization.
  6. The term “Chief Student Officer” means the President or Chief Executive Officer of a Student Organization, or their designee.
  7. The term “institution” or “University” means the University of Maryland, Baltimore County (a/k/a “UMBC”).
  8. The term “University property” includes all land, buildings, facilities, and other property in the possession of or owned, leased, operated, controlled or supervised by the University.
  9. The term “weapon” includes any potentially dangerous object or substance including, but not limited to, any firearm (including any weapon or instrument from which a shot, projectile, or other object may be discharged by force, whether operable or inoperable, loaded or unloaded); any deadly weapon, defined as any instrument, item, or material readily capable of causing death or serious physical injury; any BB gun, pellet gun, air rifle, paint gun, sword (including decorative), or other martial arts weapon; any bomb (or other explosive material), knife (other than an ordinary pocketknife carried in a closed position, with a blade of three inches or less), switchblade, billy club, blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain, or ice pick; or any explosive chemical or device including a substance or a combination of substances possessed or prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including fireworks and illegal or potentially dangerous chemicals.
  10. The term “University official” includes any person employed by the University, performing assigned administrative or professional responsibilities.
  11. The term “guest” means any person visiting the University, or a building or area therein, for any period of time.
  12. The term “distribution” means sale or exchange for personal benefit or dispensing to anyone without tangible personal benefit.
  13. The term “Hearing Board” means any decision-making Board consisting of at least two (2) students and one (1) faculty or staff member, selected by the Director of Student Conduct and Community Standards to resolve allegations of Code of Student Organization Conduct violations.
  14. The term “Director” or “Director of Student Conduct and Community Standards” means the University official, or designee, authorized by the Vice President for Student Affairs to directly oversee the day to day administration of the Code of Student Organization Conduct, to advise the Hearing Board, and to impose sanctions upon a Charged Organization found, or admitted, to have violated the Code of Student Organization Conduct. The Director may act as the Judicial Officer or may designate another University staff person to do so.
  15. The term “Judicial Officer” means any University Official who is designated by the Director of Student Conduct and Community Standards to oversee the conduct process with the ability to impose sanctions upon a Charged Organization found, or admitted, to have violated the Code of Student Organization Conduct.
  16. The term “Appellate Board” means any decision-making Board, consisting of two (2) students and one (1) faculty or staff member, selected by the Director of Student Conduct and Community Standards to hear appeals of decisions of responsibility or sanction.
  17. The term “shall” or “will” is used in the imperative sense.
  18. The term “may” is used in the permissive sense.
  19. The terms “policy”, “rule”, and “regulation” are defined as the written regulations of the University as found in, but not limited to, the Code of Student Organization Conduct, the Residential Life Rights and Responsibilities, the Student Handbook, the Policy for Responsible Computing, the UMBC Hazing Policy, and the Graduate and Undergraduate Catalogs.
  20. The term “Victim” means a victim of an alleged crime of violence as defined by the U.S. Code, and includes a victim of an alleged non-forcible sex offense. The U.S. Code (Title 18, Section 16) defines “crime of violence” as (a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
  21. The term “University Activity” includes any activities sponsored by the University or students, or any activity on University property, of an academic or non-academic nature.
  22. The term “Code” means the Code of Student Organization Conduct.
  23. The term “Rules and Regulations” refers to Article V, Section B of the Code of Student Organization Conduct.
  24. The term “date of issuance” means the day of delivery of any written form of the decision.
  25. The term “indecent exposure” includes, without limitation, conduct such as mooning, streaking, or public urination.

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Article IV. Authority

  1. The Director of Student Conduct and Community Standards shall determine the composition of any Hearing Board or Appellate Board.
  2. The Director of Student Conduct and Community Standards may develop policies for the administration of the judicial program and procedural rules for the conduct of the hearings, which are not inconsistent with provisions of the Code of Student Organization Conduct.
  3. Decisions made by a Hearing Board and/or the Director of Student Conduct and Community Standards, or designee, shall be final, pending the stated appeal process.
  4. The University reserves the inherent authority and right to take necessary and appropriate action to protect the safety and well being of the University community, and to protect the continuing operation of the University.

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Article V. Proscribed Conduct

    1. Student Organization Responsibility to Know Rules and Regulations Each Student Organization is responsible for notice of and compliance with the provisions of the University’s Rules and Regulations. All Student Organizations are expected and required: (a) to obey the law, (b) to comply with University Rules and Regulations and with directives issued by a University official in the course of his or her authorized duties, and (c) to observe standards of conduct appropriate for an academic institution. Each Student Organization is charged with the obligation to conduct them self in a manner compatible with the University’s function as an educational institution.
    2. Rules and Regulations
      Any Student Organization found to have violated the following rules and regulations is subject to the disciplinary sanctions outlined in Section C, below:

      1. Violations of Fire and Safety Regulations.

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

        1. failure to comply with posted evacuation procedures;
        2. tampering with fire protection apparatus;
        3. possession, use, or threatened use of fireworks, bombs, or explosive devices of any character;
        4. use of open flame devices or combustible materials, including chemicals, which endanger the safety or well being of the University community; or,
        5. unauthorized use of, tampering with, or misuse of electrical equipment, burglar alarms, fire exits, or telephone systems or giving false alarms or false reports of fire or emergency.
      2. Behavior Which Jeopardizes the Health or Safety of Self or Others.

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

        1. unauthorized/illegal possession, storage, or use of weapons or firearms (Possession of a license to possess or use a weapon shall not constitute a defense of any violation of this Rule, as the University reserves the right to restrict even licensed possession or licensed behavior when such restrictions adds to the protection of person or property of the University.);
        2. acts, or threats, of physical assault or abuse;
        3. violence;
        4. failure to cease repetitive unwanted behavior directed toward a particular individual or individuals;
        5. disorderly conduct;
        6. hazing as that term is defined in UMBC Policy V-8.00.01 found at http://www.umbc.edu/policies
        7. forcible detention;
        8. threatening behavior;
        9. endangering behavior;
        10. indecent exposure;
        11. alcohol poisoning;
        12. drug overdose; or,
        13. rioting.
      3. Misconduct Involving Alcohol.

        The University prohibits the unauthorized possession, use, or distribution of alcoholic beverages. The University enforces all state and federal laws or regulations that regulate and control the sale or use of alcohol. University policy, consistent with State laws, confines on-campus use of alcoholic beverages by persons of legal age (21 years old in the State of Maryland) to specified areas. This rule prohibits, but is not limited to, the following:

        1. unauthorized or illegal use of any alcoholic beverages;
        2. aiding or abetting an underage person in the purchase of alcoholic beverages;
        3. disorderly conduct due all or in part to being under the influence of alcohol;
        4. the possession, consumption, or distribution of alcohol in any University facility or event, except as provided by the institution, in accordance with state and local law;
        5. misrepresentation of age to obtain alcoholic beverages;
        6. providing alcohol to underage persons;
        7. possession of an open alcohol container in a public area;
        8. consumption of alcohol in a public area; or
        9. possession, use, or distribution of alcohol by underage persons.
      4. Misconduct Involving Illegal Drugs or Controlled Substances.

        The University prohibits the possession, use, sale or distribution of illegal drugs or controlled substances and enforces all state and federal laws that prohibit the possession or sale of illegal drugs or drug paraphernalia. This rule prohibits, but is not limited to, the following:

        1. possession, use, distribution, sale, manufacture, or processing of illegal or unprescribed
          narcotics, illegal drugs, hallucinogens, and controlled dangerous substances;
        2. possession, use, or sale of drug paraphernalia;
        3. possession, use, sale, or distribution of legal drugs which were not prescribed to the recipient or person in possession;
        4. misuse of prescribed drugs or over the counter drugs; or
      5. Theft or Property Damage.

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

        1. theft, vandalism, destruction, damage, abuse, or fraudulent use of University or private property, including University property, personal or University credit cards, and University funds; or
        2. theft, destruction, damage, abuse, or fraudulent use of University services, including computer, telephone, and mail services.
      6. Unauthorized Entry or Presence in or on University Property.

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

        1. failure or refusal to leave University Property, or a specific portion thereof, or a University facility when requested by an authorized University official; or
        2. improper or unauthorized entry into a University building, facility, or campus residence.
      7. Acts of Dishonesty or Falsifying University Records.

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

        1. falsifying, forging, altering, causing the alteration of, or furnishing false information (written or oral) on, or relative to, official University records, or to University officials;
        2. falsifying, forging, altering, causing the alteration of, or furnishing false information regarding identification cards, absence excuses, parking stickers, transcripts, grade reports, test papers, answer sheets, examinations, admissions or financial aid applications, registration materials, and computer records;
        3. unauthorized possession or use of University records, documents, instruments, or property (e.g., identification card, key);
        4. failure to provide student identification, or other identification, to University officials upon request;
        5. providing false or misleading information on police reports, Residential Life Information Forms, or during testimony before the Parking Appeals Board; or
        6. furnishing false information to any University official or office.
      8. Failure to Meet Financial Obligations to the University.

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

        1. the failure to pay delinquent accounts, including parking violation fees, after the University has notified the student of the debt; or
        2. the use of worthless checks, money orders, or credit cards in payment to the University for tuition, room and board, fees, library fines, traffic penalties, etc.
      9. Disruption of Any University Activity.

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

        1. acts inhibiting, interfering with, obstructing, or damaging either (i) an academic activity (e.g., teaching, research, or University Administration) or organized student activity; or (ii) a campus resource relating to academic materials (e.g., library books, audiovisual materials and tapes);
        2. any intentional act substantially interfering with the freedom of expression of others on University Property or at University sponsored activities; or
        3. activity which disrupts or interferes with normal University functions or operations.
      10. Violations of Residential Life Policies, Rules and Regulations.

        This rule prohibits the violation of Residential Life policies, rules, or regulations, as provided in the Guide to Community Living and the Residential Life license.

      11. Gambling.

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

        1. gambling, including raffles, on campus, except when appropriate Baltimore County permits are obtained and filed in advance with the appropriate UMBC office;
        2. pools and other bets on sporting events.
      12. Violations of Federal, State, and Local Laws.

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

      13. Violation of Published University Rules, Regulations or Policies.

        Student Organizations are responsible for knowing and observing all UMBC rules, regulations and policies regarding the use of University equipment, grounds and facilities, the time, place, and manner of expression or expression-related conduct, and, campus demonstrations, among other University policies.

      14. Improper Uses of Computers and Technology.

        This rule prohibits the breach of computer security, harmful access, unauthorized copying of programs and/or data, unauthorized transfer of programs and/or data access denial, or the attempt to commit such acts. See the UMBC Policy for Responsible Computing

      15. Abuse of the Judicial System.

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

        1. failure to obey a written Notice to Appear issued by the Director of Student Conduct and Community Standards;
        2. falsification, distortion, or misrepresentation of information before the Judicial Officer, Director of Student Conduct and Community Standards, a Hearing Board or Appellate Board;
        3. disruption or interference with the orderly conduct of a judicial proceeding;
        4. referral of an allegation of misconduct known to be false;
        5. attempting to discourage an individual’s proper participation in, or use of, the judicial system;
        6. attempting to influence the impartiality of a member of a Hearing Board or Appellate Board prior to, and/or during the course of, the judicial proceeding;
        7. harassment (verbal or physical) and/or intimidation of a member of a Hearing Board or Appellate Board, the Charging Party, a witness or victim, prior to, during the course of, or after the judicial proceeding;
        8. failure to comply with the sanction(s) imposed under the Code of Student Organization Conduct;
        9. influencing or attempting to influence another person to commit an abuse of the judicial system; or
        10. retaliating against any participant in the Student Conduct Review Process.
      16. Failure to Comply with the Request of a University Official.

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

        1. failure to comply with a reasonable and lawful request or directions by a University official;
        2. interference with students, faculty, staff, or law enforcement officials acting in the performance of their official duties; or
        3. failure to comply with a Student Organization Conduct Notification.
      17. Skateboarding, Rollerblading, or Rollerskating in or Near a University Building.

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

        1. use of a skateboard, rollerblades, bicycles or rollerskates in a manner that may cause damage to University property; or
        2. use of a wheeled device around University buildings in a manner that may cause injury to pedestrians.
      18. Aiding or Abetting Misconduct.

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

    3. Sanctions and Conditions
      1. The following sanctions may be imposed upon any Charged Organization, found to have violated the Code of Student Organization Conduct:
        1. Disciplinary Reprimand – This sanction indicates that the Charged Organization’s “good standing” status is in jeopardy and further violations may result in Disciplinary Probation, Suspension, or Expulsion.
        2. Disciplinary Probation – This sanction places the Charged Organization on probationary status during which further violations of the Code of Student Organization Conduct may result in Suspension or Expulsion.
        3. Disciplinary Suspension – A sanction of suspension must be approved by the Vice President for Student Affairs, or designee. A sanction of suspension terminates an organization’s status as a recognized Student Organization for either a specific or indefinite period of time. The suspension may take effect immediately, on some future date to be specified, or be held in abeyance. A suspended Student Organization is restricted from use of University facilities and loses all rights and privileges granted to recognized Student Organizations.
      2. The following conditions may be imposed, along with a sanction, for any Charged Organization found to have violated the Code of Student Organization Conduct. Conditions include, but are not limited to:
        1. Financial restitution for labor, damage, or other material loss to the institution or member(s) of the University community.
        2. Community restitution.
        3. Participation in a restorative circle or conference
        4. Attendance at an alcohol and/or other drug education program.
        5. Educational Project.
        6. Restriction from specific University buildings, areas, or facilities.
        7. No contact with certain persons.
        8. Educational Achievement Expectations.
        9. Monetary fines.
        10. Loss of specific, or all, University privileges, including social privileges, athletic privileges, housing privileges, co-curricular privileges, facility-use privileges.
        11. Notification to national organization representatives, officers or advisors.
        12. Limitations on activities.
      3. Attempts to commit acts prohibited by this Code shall be sanctioned to the same extent as completed violations.
      4. Failure to complete a mandated sanction within the allotted time may result in the doubling of community restitution hours, being fined, or having an extension placed on the probation or suspension of the Student Organization.

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Article VI. Judicial Processes and Outcomes

      1. Jurisdiction of the University

        Any Student Organization who engages in conduct that is prohibited by the rules and regulations outlined in this Code is subject to judicial action. Misconduct that takes place off the campus and deemed detrimental to the interests of the University is also subject to judicial action, subject to constitutional limits.

      2. Criminal and Civil Accountability

        In addition to a Student Organization’s accountability to the University, a Student Organization will also remain accountable to civil authorities and may be prosecuted criminally for violations of law. Disciplinary action at the University will normally proceed during the pendency of criminal proceedings.

      3. Access for Persons with Disabilities

        The University will provide reasonable accommodations to students with disabilities, to enable them to participate fully in the processes, programs, and services offered by Student Conduct and Community Standards. Accommodations are determined on an individual basis by Student Support Services. Any student with a disability requiring an accommodation should notify the Conduct Officer seven (7) days prior to the Pre-Hearing Conference or Student Conduct Hearing.

      4. Charges and Hearings
        1. Any person may refer allegations of Student Organization misconduct that may be in violation of the Code of Student Organization Conduct. The allegations shall be in writing and directed to the Student Conduct and Community Standards. Persons making such allegations are required to provide information pertinent to the case and may be expected to appear during judicial proceedings as the Charging Party. The Director of Student Conduct and Community Standards may appoint a Charging Party.
        2. The Judicial Officer, or designee, may conduct additional investigation to determine if the allegations have merit. If the allegations are unsubstantiated, the matter will be closed. Such disposition shall be final and there shall be no subsequent proceedings unless new information, unavailable at the time of the original disposition, arises.
        3. If the allegations of misconduct are (a) based on reasonably reliable information and (b) may involve a violation of the Code of Student Organization Conduct, the Judicial Officer will write a letter to the Charged Organization scheduling a Pre-Hearing Conference describing the charges.
        4. All charges and dispositions will be issued to the Charged Organization in written form. All charge and disposition notices will be (a) hand-delivered, or (b) delivered by certified, return receipt requested first class mail to the Charged Organization’s Chief Student Officer, or (c) emailed to the Charged Organization’s Chief Student Officer. Notices sent to off-campus addresses may be copied and sent First Class U.S. Mail. Notices sent by these any of these methods will be presumed to be delivered unless returned as undeliverable. Student Organizations are responsible for maintaining the names and mailing addresses of their Chief Student Officers with the Office of Student Life.
        5. The Charged Organization’s Chief Student Officer, or any of the Student Organization’s top five (5) officers, will speak for the Charged Organization and his/her decisions are binding upon the Student Organization at the Pre-Hearing Conference and before the Hearing Board.
        6. The Pre-Hearing Conference is an informal, non-adversarial meeting between the Charged Organization and the Judicial Officer. The Charging Party is not required, but is permitted, to participate. Documentary evidence and written statements can be relied upon, so long as the Charged Organization is allowed to respond to them.
          1. When the Charged Organization does not dispute the facts upon which the charges are based, pleads “responsible” to the alleged rule violations, and executes a written waiver of the hearing procedures, the Judicial Officer, shall receive recommended sanctions from the Charging Party and the Charged Organization and shall impose an appropriate sanction. The Charged Organization shall be informed in writing of the decision. Where the Charged Organization accepts responsibility only the sanction may be appealed.
          2. In those cases in which the Charged Organization contests the allegations upon which the charges are based or refuses to execute a written waiver of a hearing, a Hearing Board will resolve the allegations.
          3. Failure to appear at a Pre-Hearing Conference may preclude the early resolution of the case and may require that a full hearing be held by the Hearing Board to resolve the matter
        7. Hearings shall be conducted by a Hearing Board according to the following guidelines:
          1. Both the Charged Organization and Charging Party shall be provided an opportunity to present relevant evidence and witnesses on their behalf. The Hearing Board will determine relevancy and admissibility of evidence and witnesses. Both parties shall have the opportunity to hear and have relevant questions asked of adverse witnesses. Witnesses will be advised that judicial hearings are confidential. The Hearing Board may receive evidence and testimony by other means as the situation dictates. Written statements may be admissible and shall be signed in the presence of the Director of Student Conduct and Community Standards or another University Official. Both parties shall have the right to read and submit a rebuttal to such evidence. The Hearing Board need not resort to this procedure in any case where it is believed to be unfair to the Charged Organization or the Charging Party. To expedite the process, both parties may, at their discretion, provide written statements and/or testimony to the Hearing Board for review prior to the Hearing. Such statements and documents are not dispositive of the proceedings.
          2. The Board shall hear evidence and testimony relevant to the Charged Organization’s alleged involvement in the rule violations and then deliberate in closed session. The Hearing Board’s determination shall be made on the basis of whether it is more likely than not that the Charged Organization violated the Code of Student Organization Conduct. Responsibility is determined by a majority vote of the Hearing Board members. If the Charged Organization is found responsible for any alleged violations, the Hearing Board will ask for sanction recommendations from both the Charged Organization and Charging Party. The Board may receive additional evidence and testimony regarding appropriate sanctions. The Board may take into consideration prior findings of University violations and Residential Life policy violations as well as criminal convictions when determining sanctions. The Hearing Board vote must be unanimous to implement the sanction of suspension. The Charged Organization and, to the extent authorized by FERPA, the Charging Party and any Victim, as defined in Article III, Section T, shall be informed of the outcome of any judicial proceeding.
          3. The evidence and testimony of witnesses will be admissible if it is relevant. The Hearing Board will determine relevancy. Criminal and Civil evidentiary rules are not applicable in hearings.
          4. One Advisor is permitted to accompany each Charged Organization, Charging Party or Victim throughout the judicial process. The advisee may be assisted and advised by the person of their choice, e.g., a friend, a parent, a professor, a counselor, an attorney. An advisor may not be a witness or be a Charged Organization as a result of the same alleged misconduct/incident. The role of the advisor shall be limited to consultation with their advisee. Advisors may not address the Hearing Board or question hearing participants. Advisors must assist their advisee in a manner that does not disrupt the hearing, e.g., written or whispered words. Violations of these limitations may result in ejection of the advisor from the hearing at the discretion of the Hearing Board. An advisor may not appear in lieu of the Charged Organization.
          5. The Chair of the Hearing Board, with the aid of the Hearing Board Advisor, shall:
            1. Confirm that the Charged Organization received the Procedures & Safeguards in the UMBC Student Organization Conduct Review System.
            2. If an advisor is present, review the advisor’s role and limitations during the hearing.
            3. Make all rulings on matters relating to the conduct of the hearing, including matters regarding admission of evidence and witnesses.
            4. Maintain an orderly hearing and permit no person to be subjected to abusive treatment. The Chair of the Hearing Board or Hearing Board Advisor may expel or exclude anyone who refuses to be orderly.
            5. Administer an appropriate oath of honesty to all persons testifying before the Hearing Board.
          6. All hearings are to be in closed session and only Board members, the Charging Party, the Chief Student Officer, or designee, of the Charged Organization, the Victim, a single advisor for each of them and the Director of Student Conduct and Community Standards, or designee, will be allowed to be present. Sequestration of witnesses is permissible.
          7. A single recording will be made of the hearing. If a recording malfunction occurs, the Hearing Board shall include a summary of the testimony sufficiently detailed to permit review on appeal. The recording shall be maintained by the Director of Student Conduct and Community Standards and, in case of an appeal, made available, upon request, to the parties involved in the appeal as well as the Appellate Board. A Charged Organization may review the recording of their hearing by scheduling an appointment with the Director of Student Conduct and Community Standards. The recording is the property of the University.
          8. If the Charged Organization does not appear and does not provide a satisfactory explanation for the absence, or should the Charged Organization leave the hearing before its conclusion or adjournment, the hearing may proceed and the Hearing Board may render a decision based upon the available evidence.
          9. In the absence of a Hearing Board quorum, the Director, or Vice President for Student Affairs, may designate an alternative means of resolution by designating a person(s) to act in place of the Hearing Board.
          10. Either the Charged Organization, the Charging Party, or the Victim may challenge the impartiality of any member of the Hearing Board scheduled to hear the case. The challenge shall set forth the basis of the prejudice such as, that the member was a participant in the event out of which the action arose, or is related to, or has had past association with the Charged Organization, the Victim and/or with the person making the referral. The Hearing Board, after reviewing the matter, will determine whether the member of the Hearing Board should be disqualified from consideration of the case.
          11. Where a Charged Organization has been charged with multiple offenses arising out of a single occurrence or a series of related offenses stemming from multiple occurrences, a single hearing may be held for the Charged Organization. Where more than one Student Organization is charged with misconduct arising out of a single occurrence or out of connected multiple occurrences, or the same operative facts, a single hearing may be held for all the Student organizations charged.
          12. The Hearing Board Advisor’s role at the hearing is primarily advisory. The Hearing Board Advisor will be accorded all privileges of Board members, but shall not vote.
      5. Interim Suspension, Restriction from University Property
        1. A Student Organization may have their recognition as an organization suspended for an interim period pending disciplinary proceedings. The Vice President for Student Affairs, or a designee may initiate this action. The interim suspension or restriction is effective without prior notice, when there is evidence that the continued presence of the Student Organization as an organization at the University or in specific facilities, poses a substantial threat to themselves, or to others, or to the stability and continuance of normal University functions.
        2. A Student Organization may request a review of the interim action. This request must be in writing to the Vice President for Student Affairs, or designee. A response to the request will be made within five (5) days from the date of receipt of the request. The review shall examine the following issues only:
          1. the reliability of the information concerning the Student Organization’s conduct, including the matter of identity; and
          2. whether the alleged conduct and surrounding circumstances reasonably indicate that the continued recognition of the Student Organization on the University campus poses a substantial threat to themselves or to others or the stability and continuance of normal University functions.
        3. Interim suspension or restriction from University Property shall be followed, within ten (10) days, by a Pre-Hearing Conference or Hearing Board as described in this Code.
      6. Appeals
        1. A decision reached by a Hearing Board or a sanction imposed by a Judicial Officer, may be appealed by the Charged Organization and Victim, if applicable, to an Appellate Board. Grounds for the appeal, as stated in the written request, must be based upon at least one of the following:
          1. Substantial departure from, or denial of, rights or provisions enumerated in the Code of Student Organization Conduct;
          2. New evidence, unavailable or unknown at the time of hearing, has been discovered or made available which, if proven accurate, would substantially alter either the decision as to the responsibility of the Charged Organization or as to the sanction imposed;
          3. A reasonable claim that the sanction imposed is disproportionate to the gravity of the misconduct.
        2. All appeals shall be heard by the Appellate Board.
          1. A written Notice of Intent to Appeal must be submitted to the Student Conduct and Community Standards within two (2) days of the date of issuance of the decision. Failure to submit Notice of Intent to Appeal within the allotted time will render the original decision final and conclusive.
          2. A written appeal must be submitted to the Student Conduct and Community Standards within two (2) days of the date of issuance of the decision. Failure to submit a written appeal within the allotted time will render the original decision final and conclusive.
          3. The Charging Party and Victim, if applicable, will be given the opportunity to file a response to the Charged Organization’s appeal within three (3) days of receiving notice that an appeal has been filed. The Charged Student will be given the opportunity to file a response to the Victim’s appeal within three (3) days of receiving notice that an appeal has been filed.
          4. Appeals shall be decided upon the record of the original proceeding, the judicial file, the written appeal of the Charged Organization and the written response of the Charging Party and Victim, if applicable.
        3. The Director may provide more time for any part of the appeal process, when good cause is shown and a written request is made for such an extension.
        4. The imposition of sanctions will normally be deferred during the pendency of appellate proceedings, at the discretion of the Director. Appeals based on grounds other than those enumerated above are subject to dismissal by the Director.
        5. The decision of the Appellate Board is final and conclusive, except in the case of suspension where the Vice President reviews the decision as a recommendation.

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Article VII. Interpretation and Review

      1. Any question of interpretation regarding the Code of Student Organization Conduct shall be referred to the Director of Student Conduct and Community Standards.
      2. The Code of Student Organization Conduct shall be reviewed every two (2) years under the direction of the Director of Student Conduct and Community Standards.

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