1100 Marie Mount Hall College Park, Maryland Tel: (301) Fax: (301)

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1 UNIVERSITY SENATE 1100 Marie Munt Hall Cllege Park, Maryland Tel: (301) Fax: (301) March 31, 2017 Jrdan Gdman Chair, University Senate 2208G Physical Sciences Cmplex University f Maryland Cllege Park, MD Dear Senate Chair Gdman: I am writing n behalf f the Senate Student Cnduct Cmmittee (SCC) in regard t ur charge n Cde f Student Cnduct Revisin (Senate Dc ). The SCC was charged by the Senate Executive Cmmittee (SEC) with this review n September 27, The deadline fr ur charge is March 31, I am writing t respectfully request an extensin fr the cmmittee s review f this cmplex charge. The SCC began its review f this charge immediately upn receiving it. It met with representatives frm the Office f Student Cnduct, wh gave the cmmittee perspective n the need fr revisins and presented the cmmittee with a great deal f research n similar Cdes at Big 10 and peer institutins, as well as n natinal standards in student cnduct administratin. The cmmittee met with representatives frm Undergraduate Student Legal Aid, the Residence Hall Assciatin (RHA), the Student Gvernment Assciatin (SGA), and cnsulted with the Senate Student Affairs Cmmittee. Thrughut the academic year, the SCC has been wrking n develping apprpriate revisins t the Prhibited Cnduct sectin f the Cde, and develping ther sectins as time allwed. The cmmittee was asked t cnsider whether the current Cde shuld be revised r whether a new Cde shuld be written. Given the limitatins and deficiencies f the structure and language f the current Cde, the SCC agreed it wuld be beneficial t write a new Cde rather that attempt t revise the current Cde. The SCC has fund that writing a new Cde takes much mre time and careful cnsideratin. As a result, the cmmittee has nt had sufficient time t cmplete its wrk by its deadline. We respectfully request an extensin until Octber 13, We are in the prcess f scheduling tw extra meetings fr the remainder f the spring semester, and hpe t finalize ur wrk n the Cde this semester. Hwever, after we cmplete ur draft, we will need t wrk clsely with the Office f General Cunsel t ensure it meets legal standards. Given that we are unsure f the time needed fr that cnsultatin, we ask fr an Octber deadline t ensure that the cmmittee has time t address any serius substantive cncerns that culd be raised during that review. If that review des nt take a great deal f time, we will submit ur reprt early. Thank yu fr yur cnsideratin f this request. Sincerely, Ed Kenny Chair, University Senate Student Cnduct Cmmittee Enclsure(s): Charge frm SEC, dated September 27, 2016 Cc: Reka Mntfrt, Directr, University Senate Andrea Gdwin, Directr, Office f Student Cnduct

2 University Senate CHARGE Date: September 27, 2016 T: Ed Kenny Chair, Student Cnduct Cmmittee Frm: Jrdan A. Gdman Chair, University Senate Subject: Cde f Student Cnduct Revisin Senate Dcument #: Deadline: March 31, 2017 The Senate Executive Cmmittee (SEC) requests that the Student Cnduct Cmmittee (SCC) review the attached prpsal regarding prpsed revisins t the University s Cde f Student Cnduct. Specifically, we ask that yu: 1. Review the University f Maryland, Cllege Park Cde f Student Cnduct (V [B]). 2. Review best practices related t student cnduct at peer institutins. 3. Cnsult with a representative frm the Office f Student Cnduct. 4. Cnsult with the Senate Student Affairs Cmmittee. 5. Cnsider whether revisins t existing plicy are necessary. 6. Cnsult with the University s Office f General Cunsel n any prpsed recmmendatins. We ask that yu submit a reprt t the Senate Office n later than March 31, If yu have questins r need assistance, please cntact Reka Mntfrt in the Senate Office, extensin Attachment JAG/rm

3 Name: Andrea Gdwin Date: 9/12/2016 Title f Prpsal: Phne Number: Address: Campus Address: Unit/Department/Cllege: Cnstituency (faculty, staff, undergraduate, graduate): University Senate PROPOSAL FORM Cde f Student Cnduct Revisin agdwin@umd.edu 2117 Mitchell Building Office f Student Cnduct Staff Descriptin f issue/cncern/plicy in questin: Descriptin f actin/changes yu wuld like t see implemented and why: It is the practice f the Office f Student Cnduct t cnduct a review f the Cde f Student Cnduct peridically t ensure that we are incrprating and maintaining best practices within the field f student affairs and student cnduct at the University f Maryland. Over the past decade, updates have been made t amend the current Cde f Student Cnduct t reflect plicy changes and updates, but it is ur determinatin that a tp-t-bttm revisin shuld be made t this lng-standing dcument. The Office f Student Cnduct has begun t gather a multitude f resurces t begin this prcess, including cmparisn infrmatin frm peer/aspiratinal institutins, BIG 10 schls, and University System f Maryland institutins. We are reviewing ur annual reprt data, cmmunity cnduct issues, and best practices within the field f student cnduct t ensure that ur revisins meet standards utlined by the Cuncil fr the Advancement f Standards in Higher Educatin (CAS) and thse utlined by the Assciatin fr Student Cnduct Administratin (ASCA), NASPA r Student Affairs Administratrs in Higher Educatin (frmerly the Natinal Assciatin Student Persnnel Administratrs), and the American Cllege Persnnel Assciatin (ACPA). It is ur gal t revise ur current Cde f Student Cnduct t remve sme f the legalistic barriers and create a mre inclusive, student-centered, and balanced apprach t student grwth and develpment thrugh the disciplinary prcess. Belw we share a brief descriptin (althugh nt an exhaustive list) f several cncerns with the current Cde and hpe t implement changes t be in line with best practices in ur field which are als in line with University values f fairness, impartiality, and learning: 1. Create mre expansive definitins under Prhibited Cnduct Many current definitins under prhibited cnduct d nt reflect the cnstantly changing culture f cllege students and vilatins referred t the Office f Student Cnduct. They are verly general, which leaves a wide latitude fr interpretatin fr anyne reviewing its cntents. This can lead t cnfusin, lack f cnsistency in

4 enfrcement, and an inability t hld students accuntable fr specific cnduct which may nt cleanly fall under ne f thse definitins. Ex: Part 10(r) Use r pssessin f any alchlic beverage under the age f 21; knwingly prviding alchlic beverages t a persn knwn t be under the age f 21. This particular plicy des nt encmpass a realistic descriptin f the behavirs which are typically referred t ur ffice r are in line with lcal, state, and federal laws. We ften review cases f excessive alchl cnsumptin, pssessin f pen cntainers (ver 21 years f age), and driving under the influence f alchl, which d nt specifically fall under this prvisin. Additinally, with the increased sales f alchl frm varius campus venues, we believe it is imperative t reference mre specifically the University s Alchl Plicy within this framewrk. 2. Adpt the standard f evidence t be prepnderance f the evidence as ppsed t clear and cnvincing In reviewing peer and BIG 10 institutinal plicies, we find that the University f Maryland is nt cnsistent with this particular standard. ASCA has prvided guidance regarding their recmmendatins fr switching t Prepnderance f the Evidence in line with federal guidance surrunding Sexual Miscnduct ence%20standard.pdf The University has already adpted the prepnderance f evidence standard in cases f sexual miscnduct, and it wuld be incumbent upn us t align ur university plicies with ne anther in this manner 3. Advisr rles in the Student Cnduct Prcess Currently the University f Maryland is ne f the small minrity f institutins that allw attrneys t fully participate as representatives in the Student Cnduct Prcess. The Cde f Academic Integrity and Sexual Miscnduct Plicy and Prcedures limits attrney rles t that f an advisr nly Invlvement f attrneys causes significant delays in case reslutin time and ften remves the educatinal develpment f students frm the discipline prcess. This can cause undue stress fr students ging thrugh the prcess, financial inequities amng students wh cannt affrd private attrneys, and a fcus n legal lphles rather than student learning in the prcess. We wuld like t include attrneys as advisrs nly, similar t the structure as utlined by the Cde f Academic Integrity, given that we have the unique resurce f a free legal resurce in the frm f Student Legal Aid n campus. 4. Revise the structure f the Cde f Student Cnduct The Cde is written in extremely dated and legalistic language. In keeping with best practices, we wuld like t change the frmat f ur Cde t be mre easily understd by students and their families. This wuld increase transparency f ur prcess, fcus n the develpment and learning f the student, as well as increase the ability t hld students reasnably and fairly accuntable fr University plicies. Our prpsed structure wuld have apprximately three (3) majr cmpnents including: Student Rights and Respnsibilities Prhibited Cnduct

5 Suggestins fr hw yur prpsal culd be put int practice: Student Cnduct Prcess and Prcedures Remval f anntatins and unnecessary/utdated infrmatin The anntatins reference varius curt cases which have frmulated the fundatins f any cde f student cnduct hwever many are utdated and are irrelevant. We instead wuld incrprate relevant language and references t this infrmatin thrughut the sectins f the Cde withut them needing t be a separate list f guidelines. Amend the current Cde f Student Cnduct t include these changes r redraft a new versin. Additinal Infrmatin: Please send yur cmpleted frm and any supprting dcuments t senate- admin@umd.edu r University f Maryland Senate Office, 1100 Marie Munt Hall, Cllege Park, MD Thank yu!