Article I: Terms and Definitions

Aggravating Factor – Circumstances or facts that increase the level of severity and may increase the sanction. Examples may include, abuse of trust or duty, premeditation, use of force or a weapon, compulsory use of alcohol or drugs, recidivism, substantial harm to another or the community, prior misconduct history, cumulative violations or lack of genuine remorse.

Appellate Officer – A trained university offcial authorized to consider the merits of an appellant’s petition of a disciplinary outcome, based exclusively on one or more of the established grounds outlined in this Code.

Burden of Proof – The obligation of the University to gather evidence to sufficiently establish whether the University’s policies have been violated.

Bystander – An individual who has a first-hand account of the alleged behavior and who tried to intervene to stop the alleged behavior.

Coercion – An unreasonable amount of pressure to persuade someone to do something they may not want to do.

Complainant – Any student who experienced or was subject to alleged misconduct as described in this Code. When there is no student, Complainant generally means the University.

Complaint – A written request for the institution to initiate its formal investigation and adjudication processes.

Conduct Advisor – A person who serves as a support person and ensures that a student can freely access and fully participate in university disciplinary proceedings by helping the involved party maneuver a technically complicated and emotionally challenging process in an informed way. Typically, the Conduct Advisor will assist in all stages of the conduct process and may accompany the party to meetings, interviews, and hearings; however, the role of the Conduct Advisor is non-participatory in nature and limited to support and consultation. The Conduct Advisor does not represent students or serve as legal counsel.

Conduct Officer – A trained university official, subject to the provisions in this Code, who is vested with the authority to, among other duties, investigate alleged prohibited conduct, determine the appropriate resolution, and impose sanctions up to University Disciplinary Probation or affect other remedies as appropriate.

Director of Community Standards – The University’s Chief Student Conduct Officer and Sanctioning Authority, with responsibility for the overall coordination and administration of the university-wide and area disciplinary systems on the Durham, Manchester, Concord, and online campuses. The Director leads the development and shapes policies, procedures, education, and training programs that affect student discipline. As used in this document, “Director of Community Standards” or “Director” includes the Director’s designee.

Disciplinary Proceeding – Broadly defined as all activities related to a non-criminal resolution of a student complaint or report including, but not limited to, factfinding investigations, formal or informal meetings, and forums for adjudication; namely, the Conduct Conference and University Hearing.

Disclosure – A personal experience of harm expressed to a non-confidential resource.

Evidence – Available body of information, including testimony, witnesses, and documentation, directly related to the allegations to support a claim or belief, to prove or disprove a fact or which supports the application of charges in a university disciplinary proceeding in making judgments or decisions.

Force – Actual or implied physical acts such as hitting, kicking, restraining or otherwise exerting their physical control over another person through violence or harm.

Guidelines – General, non-mandatory recommendations or configurations that provide helpful information to achieve a particular aim and streamline processes for a particular category or area of control. Guidelines may include administrative instructions, guidance, or a framework in which to operate.  In various situations or under particular circumstances, guidelines help stakeholders act in alignment with the university, individual school, or department’s values.

Hearing Body – A trained Administrative Officer or Panel, subject to the provisions in this Code, who is vested with the authority to, among other duties, review alleged prohibited conduct, make findings of responsibility, and impose sanctions up to University Expulsion or affect other remedies as appropriate.

Hearing Chairperson – The primary role of the Chair is to ensure a fair and expedient hearing, evaluate all evidence for relevance, facilitate questioning, rule on questions, ensure advisors observe appropriate decorum and serve as gatekeeper by making final decisions on all procedural issues. The Chair will also provide guidance, advise the Hearing Body, and participate in deliberations as needed.

Instructor of Record – A UNH employee and member of the faculty who has overall responsibility for the development and implementation of the course syllabus, the day-to-day delivery of course activities, for ensuring that course learning outcomes are covered and assessed, and for the issuing of grades.

Intimidation – An implied threat; A situation where someone uses their power or authority to influence someone else. Intimidation can exist where someone uses their physical presence to menace another person, though no physical contact occurs or knowledge of prior violent behavior by an assailant, coupled with menacing behavior, places the other person in fear.

Knowingly – Consciously engaging in specific conduct, regardless of whether the individual understood the conduct was a violation.

Mitigating Factor – Circumstances and facts that may be taken into consideration to support leniency or lessen the sanction. Examples of mitigating factors may include no prior misconduct, accepting responsibility, demonstrated efforts to correct problematic behavior, proactive engagement in self-help or support services, self-defense, genuine contrition or remorse, or clear lack of intent to cause harm, though harm resulted.

Observer – Observers are other faculty, staff, or students, approved by the Director, who may be present during a hearing for educational and training purposes. Observers are usually new panelists who are attending as a part of their training and continuing education process. Observers do not participate in any way and are allowed admission to the hearing with the consent of the students engaged in the process.

Preponderance of Evidence – The University’s evidentiary standard when, considered as a whole, it is more likely than not that the alleged behavior did violate the Code of Conduct or university policy.

Procedures – A description of the operational processes necessary to facilitate implementation of an established policy. Procedures are specific, prescribe workflow, operational steps, actions, or constraints. Procedural documents may be subject to changes in staffing or organizational structure. Procedures may also provide guidance for behavior on issues that are not dictated by a policy.

Regulations –The minimum acceptable limits or rules, (sometimes referred to as standards) used to achieve implementation of an existing policy. Regulations are subordinate to policies. Authority can be designated to an area or unit for their own management and governance.

Respondent – Any student or student organization accused of violating this Code and engaged in the conduct process.

Report – Any information that indicates an alleged incident of prohibited conduct as defined by the Code of Conduct.

Student Policy – Any policy where the intended audience is solely for students or which directly affects student lives and is non-academic in nature.

University Community Member – All individuals who have a relationship with or to the University either as a qualified student or an employee acting on behalf of the university and performing assigned responsibilities.

University of New Hampshire – As used in this document, “UNH” or “the University” includes the College of Professional Studies¹ and Franklin Pierce School of Law component campuses.

University Policy – An official institutional directive specifying or prohibiting conduct, an institutional position or statement of key expectations by which the University manages its affairs; has broad application throughout the University; enhances the University’s mission, ensures coordinated compliance with applicable laws and regulations, promotes effectiveness and operational efficiency, and reduces institutional risk.

University Premises – The geographic confines of the institution, including its land, institutional roads, adjacent streets and sidewalks, buildings or facilities, leased premises, or intellectual and virtual property, computers and network systems owned, maintained or controlled by the University.

University-Sponsored Activities – Events and activities initiated by a student, recognized student organization, university department, or employee that; are expressly authorized, aided, conducted, or supervised by the University; are funded in whole or in part by the University; or are initiated by a recognized student organization and conducted or promoted in the name of that student organization and/or the University.  

Witness – A person who has relevant, direct, first-hand knowledge of an incident related to an alleged violation of this Code.

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College of Professional Studies acknowledges the 2023 institutional merger between Granite State College and UNH - Manchester.