Procedures for Responding to Organizational Misconduct

The University seeks to promote maximum flexibility and autonomy for the varying types of student organizations that exist, while encouraging self-governance and internal accountability. Student organizations, regardless of status or classification, are expected to recruit and orient potential and new members with dignity and respect, so that the policies, regulations, and requirements set forth in this Code are followed at all stages of participation in the organization.

Jurisdiction and Scope

The University, working in cooperation with respective University Recognizing Agents, may take appropriate legal, administrative or disciplinary action against offending groups concurrently. Members of a student organization may be held individually accountable for behaviors also attributed to the student organization.

Application of the Code’s jurisdiction is intended to be a summary of certain matters of interest to student organizations and may extend to organizations that have temporarily lost official identification and privileges normally accorded to an affiliated group. Generally, the Code applies to the behavior of a student organization that takes place on or off campus and when conduct adversely affects a university interest including:

Any situation where it appears that the student organization's conduct may present a danger or threat to the safety or wellbeing of individuals, or when actions significantly breach the peace or cause social disorder.
Any situation that significantly impinges upon the rights, property or achievements of others.
Any situation on premises owned, leased, or licensed by an organization granting a charter or housing corporation of that organization by a resident, an invitee or guest.

Jurisdiction may also cover behavior during or in connection with sponsored events. A sponsored event is any event that the student organization registers or otherwise notifies the appropriate University Recognizing Agent that it is sponsoring or hosting. An event may meet the minimum criteria to qualify as a sponsored event based on a number of factors, including the nature of the event, the number of members in attendance at the event, or the level of organization and advertising undertaken by members of the student organization.

Oversight and Authority

Because the authority to grant university recognition is an administrative process, the authority to investigate and adjudicate allegations of prohibited group conduct that may affect the status of a recognized student organization is also an administrative process.

These procedures govern the investigation and resolution processes for recognized student organizations on the Durham and Manchester campuses, while student organizations at the Franklin Pierce School of Law will follow the policies and procedures established by the Student Bar Association.

Group misconduct processes are primarily managed by the organization’s respective University Recognizing Agent or governing bodies subject to its appropriate by-laws and procedures. More information on recognizing agents and governing bodies can be found in the Student Organization Policy.

Preliminary Review and Analysis

When situations arise that may violate the student organization policy or another institutional regulation, the University encourages members and officers of the student organization to self-report. To the extent possible, the University may provide individuals with limited amnesty when good faith reports make clear that there is organizational culpability.

Referral to Community Standards to commence a university investigation is dependent upon an analysis of severity and reliability of information discovered prior to or during the interview process. Delineation of individual versus organizational misconduct is based on a number of factors, including:

One or more officers or authorized representatives acting in the scope of their authority commit the violation.
One or more members commit the violation after the action that constitutes the violation was approved by a vote of the organization or was part of a committee assignment of the organization.
The violation was committed at an activity funded by the organization.
The violation occurs during or as a result of an event sponsored by the organization.
One or more members of an organization or its officers permit, encourage, aid or assist in committing a violation.
Members with knowledge or information about a violation fail to report to the appropriate university authority or law enforcement agency.

Initiation of Formal Investigation and Resolution Procedures

With an emphasis on fairness, simplicity, transparency and partnership, the Office of Community Standards will work collaboratively with the University Recognizing Agent or the inter/national organizational governing body to inform active members, officers and organization advisors of their responsibilities during an investigation, help student organizations under investigation understand and follow the procedures outlined in this policy, and communicate as needed with appropriate stakeholders throughout the process.

Whether conducted independently or jointly, investigations of organizational misconduct seek a reasonably expedient conclusion under the Code’s specified timeline of sixty (60) days. Delays for exigent circumstances may require that the investigation undertake reasonable procedural alterations with respect to the complexity of the matter at issue, cooperation of the organization and its members, number of involved parties, parallel criminal proceedings, requests for postponement, curtailed university operations or breaks in the academic calendar.

Remediation and Group Development

Remediation serves to allow organizations and their members an opportunity to reflect on creating and sustaining socially responsible environments and to demonstrate the ability to abide by community standards and university expectations.

When the organization is associated with an inter/national organizational governing body, the University may collaborate to remedy structural deficits, which may include changes to the organization’s operating procedures, a membership or leadership review, an external review, or changes to the organization’s advisor support.

Leadership Development – Student organization leaders may be required to participate in additional leadership development or educational opportunities intended to build leaders capable of guiding culture change, providing overall leadership to their organizations, or enhancing specific knowledge on policy or related issues.

Reconstruction Plan – A formalized action plan designed in consultation with the University Recognizing Agent or inter/national organizational governing body to assist in the organization’s rehabilitation through mandated training, educational activities, policy review and creation or restorative practices.

Loss of Privileges – Precludes the organization from participating in certain activities or may require an organization to forfeit specific privileges. Temporary or permanent loss of recognition may also result in a loss of external privileges such as living in a property that is zoned specifically for recognized organizations.

Social Restriction – The organization is barred from or limited in engaging in, participating in, hosting, or sponsoring social events or other activities for a specific period of time.

Petition for Restoration of Recognition Status

When the specified period of separation has ended and the organization has satisfied any levied conditions prior to return or completed requirements of any return agreement, the organization may seek reinstatement by complying with the registration requirements of the University Recognizing Agent or other issuing entity.

If the organization dissolves or loses recognition as a result of organizational misconduct, the University reserves the right to deny a future request for reinstatement. This conclusion may be based on any of multiple factors, including but not limited to, continued operation of the organization during an active suspension period, overlapping membership, similarity of purpose, and the timing of the dissolution or prior loss of recognition and the request to reinstate recognition.