Stalking and Harassment Policy (63.01E)College Procedure Number/Title:
Stalking, cyber stalking, and harassment are criminal offenses under Maryland state law (MD Criminal Law Code 3-802; 3-803; HB 593; Annotated Code of Maryland, Article 27, 121B). Incidents of stalking that occur outside the state of Maryland may be admissible in court. Stalking, cyber stalking, and harassment are prohibited at Howard Community College (HCC). In its mission to create an environment that inspires learning and the lifelong pursuit of personal and professional goals, HCC is committed to providing a safe and secure learning and working environment that is free from stalking, harassment, and other threats. According to Maryland state law, an individual who is found guilty of stalking is guilty of a misdemeanor and, if convicted, is subject to up to 5 years imprisonment or a fine of up to $5,000.
Howard Community College and the State of Maryland define stalking as "a malicious course of conduct that includes approaching or pursuing another where the person intends to place or knows, or reasonably should have known, the conduct would place another in reasonable fear of serious bodily injury, an assault in any degree, rape or sexual offense, false imprisonment, and/or death."
Harassment is defined as following another person in or about a public place or maliciously engaging in a course of conduct that alarms or seriously annoys them with the intent to do so after receiving a reasonable warning or request to stop.
Definitions
Stalking, cyber stalking, and harassment behaviors may include, but are not limited to, the following:
- Repeated, unwanted/unsolicited contact that includes face-to-face contact, telephone calls, voice messages, text messages, electronic mail, instant messages, written letters, or unwanted gifts;
- Repeated, unwanted/unsolicited communication on public and college community internet sites;
- Disturbing messages online;
- Persistent physical approaches and/or requests for dates, meetings, etc.;
- Threats that create fear for one's life or safety, or fear for the safety of one's family, friends, roommates, or others;
- Unwanted touching;
- Pursuing or following another person; repeatedly showing up or waiting outside a person's home, classroom, place of employment, or car;
- Using surveillance or other types of observation, either in person or through the use of electronic devices or software to track or obtain private information;
- Harassing another person, either in person or through a third party;
- Use of threatening gestures;
- Trespassing or breaking into a person's car or residence; or
- Vandalism and/or destruction of a person's personal property.
The scope of the HCC stalking policy applies to all students, faculty, staff, contract employees, visitors, and administrators equally. Engaging in stalking (including cyber stalking) and harassment is a violation of HCC standards of conduct. The college reserves the right to administer additional sanctions to an offender if the incident affects the academic and/or work environment of the college. College disciplinary procedures are independent of any and all criminal procedures. A substantiated charge against an employee of the college will subject that employee to disciplinary action, which may include dismissal. A substantiated charge against a student of the college will subject that student to disciplinary action including suspension or expulsion.
Effective Date: 12/8/2006
