Article I: 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, recidivism, harm to the victim, or lack of remorse.

Appellate Body. An Appellate Officer or Panel, authorized by the Director, 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.

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

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

Conduct Advisor. A university-trained community member or any person of a student’s choosing, including an attorney, 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. For allegations that meet geographic scope and definition of sexual harassment under the effectuating regulations of Title IX of the Education Amendments of 1972 34 CFR§106, the Conduct Advisor will play a different role and conduct cross-examination at the specific interval of a university disciplinary proceeding.

Conduct Conference. A forum for where a Respondent and a Conduct Officer meet to resolve cases of alleged non-academic prohibited conduct and where sanctions are not likely to rise above Disciplinary or University Housing Probation.

Conduct Officer. A 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 Disciplinary or University Housing Probation or affect other remedies as appropriate.

Director of Community Standards. Designated by the Senior Vice Provost of Student Life as the Chief Conduct Officer and Sanctioning Authority, with responsibility for the overall coordination and administration of the university-wide and area student conduct 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. The Director of Community Standards may serve as a Hearing Chairperson, Administrative Hearing Officer, and Appellate Officer when needed or as appropriate. As used in this document, “Director of Community Standards” or “Director” includes the Director’s designee.

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.

Faculty Member. Any person employed by the University to conduct classroom activities. For purposes of this Code only, graduate students conducting laboratory or classroom activities in credit-bearing courses for undergraduates without direct compensation, teaching assistants, and instructional assistants are faculty members. For purposes of this Code, persons with tenure track, research, clinical, and lecturer appointments are faculty members.

Hearing Body. An Administrative Hearing 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 Dismissal 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.

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, accident, provocation, self-defense, or genuine contrition or remorse.

Observer. Observers are other faculty, staff or students, approved by the Director, who may be present during a hearing for educational and training purposes. These observers are usually new panel members 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.

Policy. A written regulation of the University that binds a student and the University. University policies are found in the University System of New Hampshire Online Policy Manual, the Student Rights, Rules, and Responsibilities, the University Room and Board Agreement, the Graduate/Undergraduate Catalogs, or other written statements or sets of statements by university trustees, faculty and officials that establish rights, requirements, and responsibilities. For more information review the full policy.

Preponderance of Evidence. One type of evidentiary standard used in a burden of proof analysis. Preponderance is 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. The burden of proof is upon the University to sufficiently establish that the student is responsible for engaging in prohibited conduct that violated the Code of Conduct.

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

Student. Any person reported by the Registrar as taking one or more undergraduate, graduate, summer or continuing studies courses at UNH or having accepted an offer of admission to the University, including:

Persons enrolled in full-time and part-time degree, certificate or credit-bearing programs;
Non-university personnel living in university-owned undergraduate or graduate residences;
Persons enrolled in a UNH degree program or taking courses for UNH credit or for transfer credit; Students in study away and study abroad programs;
Persons who are not officially enrolled in credit-bearing studies for a particular term but who may have a continuing student relationship with the University including persons who are interim suspended, withdrawn, separated, or otherwise have a reasonable expectation of resuming enrollment in courses are considered students;
Students who have completed the course work to receive a degree but who remain on campus to conduct research.

Student Organization. A group of students who have complied with the formal requirements for university recognition as an organization, as described in the Student Organization Policies section of this handbook.

Threat. To express one’s intention to physically harm or kill another person, or to take hostile action against another person or their property in a manner that would make a reasonable person fear for their safety.

University. The University of New Hampshire (UNH). As used in this document, “UNH” or “the University” includes all of its component campuses and students in both in-person and online courses or programs.

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 Hearing. A mechanism for resolving cases of academic and non-academic misconduct when outcomes could reasonably result in University Housing Removal (for a specified period of time or indefinitely), University Suspension, or University Dismissal.

University Official. Any person employed by UNH, performing assigned administrative or professional responsibilities.

University Premises. All land, buildings, facilities, and other property in the possession of or owned, used, or controlled by UNH, including adjacent streets and sidewalks.

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