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.

  1. Academic Misconduct. Any action that misrepresents a student's work, knowledge or achievement, provides a potential or actual inequitable advantage, or compromises the integrity of the educational process as described in the Academic Honesty Policy; Section 09 of the SRRR Handbook.
  2. Alcohol. The acquisition, distribution, possession, or consumption of alcohol must be in compliance with all local, state, and federal laws and University policy. Institutional restrictions on alcohol while on UNH property vary by location and in some cases by time.
    1. Possession or consumption of alcohol while under the legal drinking age
    2. Engaging in any behavior which encourages, facilitates, or constitutes excessive or rapid alcohol consumption including, but not limited to keg stands, alcohol luges, beer bongs, beer/water pong, and other drinking games
    3. Public intoxication or engaging in any behavior while under the influence that may endanger oneself or others regardless of age
    4. Unauthorized or unlawful distribution, sale or service of alcohol, regardless of age, except as expressly permitted by law and University policy
    5. 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
    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 except as expressly permitted by law and University policy
    7. Control or operation of a vehicle while under the influence or impaired by alcohol 
  3. Complicity. Actively encouraging or assisting another to engage in prohibited conduct, failing to advise another to cease behavior and leaving immediately thereafter, or failing to report violations to a university official or law enforcement officer.
  4. Damage and Destruction to Property. Engaging in the intentional, unintentional, 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 or constitutes a breach of the peace including, substantially obstructing or interfering with the lawful exercise of freedom of speech or freedom of peaceable assembly or engaging in public fighting.
    2. Lewd or Obscene. Indecent conduct including public display of intimate body parts, public sexual acts or 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 in the operation of the university. Without excluding other situations, examples include shouting, noise making, obstruction, and other disruptive actions designed or intended to interfere with or prevent meetings, assemblies, classes, or other scheduled or routine university operations or activities.
    2. Disruption to Community. To intentionally cause or recklessly create a risk of disruption to the University community or local community of Durham, including, but not limited to, violent or threatening behavior, unreasonably loud or belligerent behavior or obstruction of vehicular or pedestrian traffic. 
  7. Drugs and Other Substances. Possession, consumption, manufacturing, or distribution of narcotic or other controlled substances except as expressly permitted by law.
    1. Unauthorized or unlawful possession or consumption of narcotics or other controlled substances
    2. Unauthorized or unlawful distribution, manufacture or sale of narcotics or other controlled substances
    3. Possession or use of drug paraphernalia
    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, except as expressly permitted by law
    5. Being impaired by drugs or other substances in public to the point where one’s behavior adversely affects or could affect, the regular operations of members of the University community
    6. Control or operation of a vehicle while impaired by drugs or other substances
  8. Harm and Endangerment
    1. Physical Assault. Unwelcome physical contact that is intentional or reckless or actions that 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 or benefit from educational or employment opportunities, assessments, or status at the University. Harassment may occur via written, electronic, verbal, or any other form of communication; or through physical presence; and includes, but is not limited to, bullying, cyberbullying, intimidation, or coercion, except where a different legal standard applies under 34 C.F.R. part 106.
    4. Threat. Any verbal threat or physically threatening behavior that would cause a reasonable person to fear for their safety
  9. Hazing. Any act directed toward a student, or any coercion or intimidation of a student to act or to participate in or submit to any act, when such act is likely or would be perceived by a reasonable person as likely to cause physical or psychological injury to any person, and is a condition of initiation into, admission into, continued membership in or association with any University organization, team or activity.
  10. Misrepresentation
    1. Furnishing false information to any university official, faculty member, office or law enforcement officer, or purposefully omitting facts which are material to the purpose for which the information is provided
    2. Forgery, alteration, or misuse of any University document, record, or instrument of identification
    3. Manufacturing, distributing, delivering, selling, providing, purchasing, use or possession of any form of fraudulent identification 
  11. Noncompliance
    1. Failure to comply with the reasonable directives, verbal or written, of university officials, student staff or law enforcement officers acting in performance of their duties, including failure to identify one-self when requested to do so
    2. Failure to comply with or complete assigned conduct sanctions or mandated 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 a disciplinary probation, university housing probation or deferred university suspension status
  12. Obstruction with the University Conduct System
    1. Failure to cooperate or respond to any notice from a university official who has responsibility for any aspect of the conduct system
    2. Falsification, distortion, misleading or misrepresentation of information before a disciplinary body
    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 violation
    5. Attempting to discourage an individual’s proper participation in or use of the conduct system
    6. Attempting to influence the impartiality of a university official prior to, during the course of, or after a disciplinary proceeding
    7. Knowingly reporting a student for disciplinary action without cause 
  13. Relationship Abuse. A pattern of emotional, sexual, physical, or financial abusive or coercive behaviors, which could include threats, isolation, and/or intimidation, by a former or current intimate partner.
  14. Retaliation. Any adverse action or threatened action, personally or through a third-party, against any individual who has filed a complaint or has been the subject of a complaint, or any individual who cooperates with an investigation, engages with in disciplinary proceedings or who has responsibility for any aspect of the conduct system.
  15. Sexual Misconduct
    1. Sexual Harassment. Complaints of sexual misconduct that constitute sexual harassment as defined by 34 CFR part 106 (eff. Aug. 14, 2020).
      1. All other complaints of sexual misconduct, as defined in this Student Code of Conduct, may take the form of:
    2. Sexual Assault. Any sexual penetration without seeking and receiving expressed consent; penetration accompanied by threat, force, unwelcome manipulation, intimidation, blackmail, as a substitute for expressed consent; or penetration when a person is incapacitated due to a mental and/or physical disability, and/or is asleep, and/or substance ingestion. Substances can include legal or illegal drugs and alcohol or any combination of the two.
    3. Unwanted Sexual Contact. Any sexual contact that can be reasonably construed as being for the purpose of sexual arousal or gratification, or the humiliation of the person being touched, without seeking and receiving expressed consent; sexual contact accompanied by threat, force, unwelcome manipulation, intimidation, blackmail, as a substitute for expressed consent, or sexual contact when a person is incapacitated due to a mental and/or physical disability, and/or is asleep, and/or substance ingestion. Substances can include legal or illegal drugs and alcohol or any combination of the two.
    4. Sexual Exploitation. Knowingly using any device for the purpose of observing, recording, or streaming without the other person’s knowledge, or in any way transmitting images, videos, or sounds of the private body parts of a person or their sexual activity without the other person’s consent. 
  16. Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their own safety or the safety of others or suffer substantial emotional distress. For the purposes of this definition, (i.) course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. (ii.) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. (iii.) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  17. Theft. Unlawful or unauthorized use or possession of property or services of the University, any person or entity; attempted theft may be enough to constitute a violation.
  18. Unauthorized Access and Use
    1. Unauthorized Entry. Misuse of access privileges or unauthorized access or entry to any university premises
    2. Unauthorized Keys. Unauthorized possession, duplication, or use of keys, codes or access cards, including student ID’s and other forms of identification, for any university premises.
  19. Violation of Law. Conviction or commission of a violation of federal, state or local law
  20. 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.
  21. Violation of University Policy. Behavior that would constitute a violation of any approved University of New Hampshire policy, rule, or regulation, including but not limited to:
    1. Acceptable Use Policy for Information Technology Resources
    2. Discrimination and Discriminatory Harassment Policy
    3. Fire Safety Regulations
    4. Student Organizations Policy
    5. Three Strikes Policy
    6. University Housing Rules and Regulations
  22. Violations Committed by Guests. All UNH students are responsible for informing and holding their guests to the University’s standards of behavior and will be held accountable when their guests violate policies outlined in this Code. For the purpose of this policy, someone is considered a student’s guest if (i.) the person is in a student’s room or apartment (whether or not invited by that student); (ii.) the student invited the person to the student’s residence hall or apartment building; or (iii.) the student invited the person to campus.
  23. Weapons. Unauthorized possession, use, distribution or display of any firearm, replica firearm, ammunition, weapon, replica weapon, explosives, fireworks, dangerous chemicals, or other weapons defined as any object or substance designed to inflict a wound, threaten injury, cause injury, or incapacitate unless expressly permitted by law and/or University policy. Possession of chemical defensive sprays is permitted; however, use of such item, even if legally possessed, in a manner that harms or threatens others is prohibited unless it is being used defensively.