Article III: Prohibited Conduct

The following list describes actions that detract from the effectiveness of the university community and are prohibited but do not include constitutionally protected activity, nor is this section meant to curb, impede, or chill free speech or expression that is protected by law and adheres to reasonable time, place and manner guidelines. Any examples of prohibited conduct described below are meant to be illustrative or act as a normative guide and should not be read as an exhaustive or comprehensive list.

1. Academic Misconduct – Any action that misrepresents a student’s work, knowledge, or achievement and provides a potential or actual inequitable advantage or compromises the integrity of the educational process as described in the Academic Integrity Policy.
2. Alcohol – The acquisition, distribution, possession, or consumption of alcohol must be in compliance with all local, state, and federal laws and university policy including the Alcohol Policy. Institutional restrictions on alcohol while on UNH property vary by location and time.
   1. Permitting any underage individual or group to possess or consume alcohol or where alcohol is dispensed from common sources in a space owned, occupied, or controlled by the host.
   2. Possession or consumption of alcohol while under the legal age.
   3. Possession, consumption or being under the influence of alcohol during a university-sponsored activity, event, or class.
   4. Public intoxication or engaging in any behavior while under the influence that may endanger oneself or others regardless of age.
   5. Unauthorized or unlawful distribution, sale, or service of alcohol, regardless of age.
   6. Unauthorized or unlawful possession or consumption of alcohol in open spaces, university buildings, common areas of university residential halls and apartment complexes, or in public.
3. Complicity – Actively assisting or encouraging another student to engage in prohibited conduct, failing to advise another to cease behavior that constitutes prohibited conduct and leaving immediately thereafter, or having knowledge of another individual engaging in prohibited conduct or illegal activity and failing to report the matter to a university official or law enforcement officer.
4. Damage and Destruction to Property – Engaging in the intentional, reckless, or unauthorized defacement, damage, or destruction of university property or the property of another, including all acts of vandalism.
5. Disorderly Conduct
   1. Engaging in behavior that will disturb, alarm, anger, or provoke others, constitutes a breach of the peace, or public fighting.
   2. Substantially obstructing or interfering with the lawful exercise of freedom of speech or freedom of peaceable assembly.
   3. Lewd or Obscene Behavior – Indecent conduct includes public display of intimate body parts, public sexual acts, public urination or defecation.
6. Disruptive Behavior
   1. Disruption to the Academic Environment – Any conduct that substantially threatens or interferes with the maintenance of appropriate order and discipline or prevent routine university operations or educational activities.
   2. Disruption to Community – Intentionally causing or recklessly creating a risk of disruption to the university community, violent or threatening behavior, unreasonable or belligerent behavior or obstruction of vehicular or pedestrian traffic.
7. Drugs and Controlled Substances – Possession, consumption, manufacturing, or distribution of narcotic or other controlled substances except as expressly permitted by law and/or university policy.
   1. Being impaired by drugs or other controlled substances in public to the point where one’s behavior adversely affects or could affect, the regular operations of members of the university community.
   2. Knowingly obtaining or possessing a controlled substance without a prescription.
   3. Misuse of prescribed medication.
   4. Permitting any individual or group to possess or consume narcotics or other controlled substances or where said substances are dispensed from common sources in a space owned, occupied, or controlled by the host.
   5. Possession or consumption of recreational or medical cannabis on university property, in any university facility, or at university-sponsored events.
   6. Possession or use of drug paraphernalia.
   7. Possession, consumption or being under the influence of drugs during a university-sponsored activity, event, or class.
   8. Unauthorized or unlawful distribution, manufacture, or sale of narcotics or other controlled substances.
   9. Unauthorized or unlawful possession or consumption of narcotics or other controlled substances.
8. Fire and General Safety
   1. Deliberate or reckless creation of a fire hazard or fire.
   2. Failure to evacuate a university facility when an alarm has sounded or follow emergency procedures when directed to do so by emergency personnel or university officials.
   3. Falsely reporting an emergency or deliberate activation of emergency warning equipment.
   4. Intentional or reckless interference with fire, police, or emergency services or personnel.
   5. Smoking of any kind in any university facility.
   6. Tampering, damaging, or misuse of fire safety equipment, emergency exits, barriers, or signs.
9. Harm and Endangerment
   1. Physical Assault – Unwelcome physical contact or actions that are intentional or reckless and can be reasonably expected to result in harm or injury.
   2. Endangerment – Reckless disregard for the health or safety of any person.
   3. Harassment – Unwelcome conduct that is so severe, pervasive or persistent, that it interferes with, denies, or limits a student’s ability to participate in or benefit from educational or employment opportunities, privileges, or status at the University.
   4. Threat – An explicit or implied statement that conveys an intent to commit an act of harm or violence against a person or group and that would reasonably place the subject in fear of their safety.
   5. Control or operation of a vehicle or personal transportation device while impaired by alcohol or drugs in a manner that endangers the safety of the university community.
10. Misrepresentation
    1. Assuming or communicating another person's identity or role through deception or without proper authorization.
    2. Furnishing false information to any university official, university office or law enforcement officer.
    3. Impersonating another person's identity or deceptively representing the authority or role.
    4. Manufacturing, distributing, delivering, selling, providing, purchasing, using, or possessing any form of fraudulent identification.
    5. Material alteration of a document with the intent to defraud or mislead.
    6. Misuse of any university document, record, or instrument of identification.
    7. Purposefully omitting facts that are material to the purpose for which the information is provided.
11. Acts of Non-Compliance
    1. Failure to identify oneself or comply with the reasonable directives of university officials, authorized staff, or law enforcement officers acting in performance of their duties.
    2. Failure to complete assigned conduct sanctions, mandated assessments, or educational interventions.
    3. Violation of terms of any interim action or exclusionary order imposed by the University including no contact directives, no-trespass notices, building or campus ban or restriction, removal from university housing, interim suspension, or emergency removal.
    4. Violation of terms stipulated with disciplinary probation, university housing probation, or deferred university suspension or university suspension status.
12. Obstruction with the University Conduct System
    1. Attempting to discourage an individual’s proper participation in or use of the conduct system.
    2. Attempting to influence the impartiality of a university official prior to, during the course of, or after a disciplinary proceeding.
    3. Deliberate disruption or interference with the orderly conduct of an investigation or disciplinary proceeding.
    4. Destroying or withholding information related to a potential or actual Code of Conduct or policy violation.
    5. Failure to cooperate or respond to any notice from a university official who has responsibility for any aspect of the conduct system.
    6. Falsification, distortion, misleading, or misrepresentation of information before a disciplinary body.
    7. Reporting a student for disciplinary action without cause or deliberate false accusations, as opposed to allegations which, even if erroneous, are made in good faith.
13. Retaliation – Any intentional adverse action or threatened action against a community member who makes an allegation, files a report, serves as a witness, assists a Complainant or Respondent, or participates in any university investigation or disciplinary proceeding. Retaliation is an independent violation of policy and may be present even when the underlying report of prohibited conduct is unsubstantiated.
14. Theft
    1. An actual or attempted act to unlawfully obtain property, services, or resources of any person or entity.
    2. Misappropriation or use of university property, services, or resources without entitlement or authorization.
    3. Obtaining or possessing property or services that are known or reasonably should have been known to have been stolen or obtained through unlawful means.
    4. Taking or using property of another person without expressed permission of the rightful owner.
    5. Unauthorized removal or possession of university property, including abandoned or unattended property.
15. Unauthorized Access and Use
    1. Unauthorized Entry – Misuse of access privileges or unauthorized access or entry to any university premises or restricted area.
    2. Unauthorized Keys – Unauthorized possession, duplication, or use of keys, codes, or access cards, including student IDs and other forms of identification, for any university premises.
16. Violation of Law – Any act or behavior that could be cited or would constitute a violation of any federal, state or local law; city or county ordinance whether or not charges are brought by civil authorities.
17. Violation of Privacy – Unauthorized surveillance by use of any device for the purpose of observing, recording, streaming, or in any way transmitting images, videos, or sounds, without the other person’s knowledge or consent, in a place where they would have a reasonable expectation of privacy.
18. Violation of University Policy – Any act or behavior that would constitute a violation of an approved University of New Hampshire policy, rule, or regulation.
19. Guest, Visitor and Host Violations – Guests and Visitors have a personal responsibility to review, become familiar with and be in compliance with the general law, as well as all established university policies and standards of behavior articulated in this Code. Students will be held accountable for guest and visitor misconduct and policy violations; not informing the individual of campus rules does not absolve responsibility.
    
    For the purposes of this Code, the following terms define subsection 19:
    1. A visitor is defined as any non-affiliated individual invited by a currently enrolled student to campus.
    2. A guest is defined as any currently enrolled student visiting any university-housing facility but who has not been granted contractual access to a space. A person may also be considered a guest if the person is in a student's room or apartment, whether or not invited by that student.
    3. A host is defined as a currently enrolled student who invited or sponsored another student or non-affiliated individual and who has accepted responsibility for accompanying the individual during a temporary campus visit.
20. Weapons, Explosives and Hazardous Materials
    1. Possession of chemical defensive sprays is permitted; however, use of such an item, even if legally possessed, in a manner that harms or threatens others is prohibited unless it is being used defensively.
    2. Unauthorized or unlawful storage or possession of weapons, ammunition, explosives, or hazardous materials in the course of university-related activities, in any university facility, or on property owned, leased or controlled by the University, including in any vehicle regardless of the location even if otherwise permitted by law.
    3. Unsafe or improper discharge or use of weapons, explosives, or hazardous materials in a manner that causes or threatens serious harm to the safety or security of others.

For the purposes of the Code, the following terms define subsection 20:

Weapon – Any instrument or device designed primarily for and which is capable of lethal use or inflicting serious injury; any instrument or device of any sort whatsoever which is actually used in such a manner as to indicate that the possessor intends to inflict death or injury upon another, and which, when so used, is capable of lethal use or injury upon another; or, an object that is not an instrument capable of lethal use or injury but closely resembles such an instrument (e.g., a simulated or imitation weapon or look-alike gun that is reasonably capable of being mistaken for a real weapon) where the student used the object in a manner that created the impression that the object was such an instrument.

Weapons include without limitation a pistol, revolver, shotgun, machine gun, rifle or other firearm, BB or pellet gun, electrical projectile, bomb, grenade, archery equipment, dagger, stiletto, or switchblade knife.

Explosives and Hazardous Materials – Any composition, propellant-activated, or incendiary device containing a chemical mixture capable of visible or audible effects by combustion, deflagration, or detonation or radiological or biological agents.

Explosives and hazardous materials include without limitation firecrackers, fireworks, home-made explosives, or pyrotechnics.