Reporting Allegations of Prohibited Conduct

Any person may report an incident or file a complaint against a student or recognized organization alleging a violation of the Student Code of Conduct or university policy. The person filing a complaint shall be referred to as the Reporting Party or Reporter. The student who is subject to the alleged misconduct shall be referred to as the Complainant. The student accused of engaging in prohibited conduct or alleged to have violated the Code of Conduct shall be referred to as the Respondent.

The Office of Community Standards is not a confidential resource and has responsibility under applicable law(s) and university policy to report disclosures of sex and gender-based misconduct, discrimination, and harassment to the Title IX Coordinator or the Civil Rights and Equity Office directly.

No issue or conflict will be subject to institutional action unless there is reasonable cause to believe that the circumstances and matter in question implicates provisions of a university policy or the Code of Conduct. Reasonable cause is defined as reliable information to support each element of the violation, even if that information is merely a credible statement. The Director will assess the reliability of available information and determine if a report is wholly supported or unsupported by any such information.

Anonymous Reporting

To the extent possible, the Director will maintain anonymity when reasonable or when there is fear of retribution or a true safety concern. Reporters should know that anonymity may impact the University’s ability to investigate alleged misconduct and ensure appropriate outcomes. In some situations, anonymity may not be possible, and the Director may be required to investigate alleged misconduct, even against the wishes of the Reporter or Complainant.

Preliminary Review

Upon receipt of a report or complaint, the Director shall conduct a preliminary review into the nature of the information to determine if there is jurisdiction to adjudicate the complaint and to what extent. Within the University’s discretion, a preliminary review may lead to:

• Closing the case because the matter was not reported or filed within the specified timeframe.
• A determination that there is insufficient information to initiate an investigation or the alleged misconduct, even if proven true, would not violate the Code of Conduct or another policy.
• Recommend an alternative dispute resolution and bypass the conduct process.
• Deferral of the conduct process, with or without conditions; however, when cases involve a threat to personal or environmental safety, an interim or exclusionary action to adequately mitigate risk may be taken immediately during the pendency of an investigation or adjudication process.
• Referral to the designated official within the appropriate jurisdiction or to another office or external entity for the appropriate response.

Time Limits on Reporting

To promote timely and effective review, students who have been harmed by, witness to, or have knowledge of a potential violation of the Code of Conduct are encouraged to report as soon as possible. A delayed or prolonged passage of time may impact the University’s ability to gather relevant and reliable information, contact witnesses, investigate thoroughly, and respond meaningfully. Absent extraordinary circumstances, incidents reported later than twelve (12) months after the alleged occurrence are subject to dismissal for good cause shown.

In computing any time period specified in these procedures, the day of the event, act, or default that initiates the period will be excluded. If the accused student is unknown or no longer a student at the time the complaint was received, either because the student graduated or left the University permanently, the Director is unable to commence an investigation or pursue disciplinary action. The Director will assess whether remedial steps can be taken to address any prohibited conduct or its effects on the university community. Generally, this time limitation does not apply to complaints of sexual misconduct or other protected class discrimination and harassment.

System Effect of a Pending Report of Violation or Interim Suspension

A student who is ineligible to register for or attend classes at any one USNH institution because of a pending student disciplinary matter shall be ineligible to register for or attend classes at any other USNH institution for as long as the matter remains pending.

If a student has withdrawn with pending allegations, after a notice of charges has been issued, or before an active interim suspension has been resolved, the University may:

• Place a hold on the student’s academic record and notify the student that disciplinary action may be initiated upon application for reinstatement to UNH or application to any USNH institution; or
• Proceed with disciplinary action and resolve the matter.