Article V: Discrimination and Discriminatory Harassment
- Scope. These procedures shall apply to alleged prohibited conduct by a student, where the reported violation states a colorable claim of discrimination or discriminatory harassment as defined by UNH's Discrimination and Discriminatory Harassment Policy. The process will follow the procedures described in Article IV: Conduct Resolution Process and Procedures with the following modifications.
- Report and Disclosure. Any member of the university community and any person may report or disclose incidents of this nature at any time in person, by mail, by telephone, or by electronic mail. The report or disclosure may be made to Community Standards or to the Civil Rights & Equity Office. Community Standards shall convey a copy of any report or disclosure that it receives directly to the Civil Rights & Equity Office.
- Outreach. When the Civil Rights & Equity Office receives a report or disclosure that a student experienced discrimination or discriminatory harassment, a staff member from that office will offer information to the student about the student’s rights, options, and resources available. UNH may provide support whether or not a Complainant chooses to seek a formal or informal resolution or the complaint is dismissed.
- Dismissal of Formal Complaint. At any point in the process, the Director of the Civil Rights & Equity Office may determine that the alleged behavior, even if substantiated, would not constitute discrimination or discriminatory harassment. Should this determination occur, the parties will be notified and the matter will be closed.
- Appointment of investigator(s). The Director of the Civil Rights & Equity Office may appoint an investigator(s) and notify the Director of Community Standards.
- Investigation. The investigator(s) shall work under the direction of the Director of the Civil Rights & Equity Office to complete a thorough, prompt, and equitable investigation.
- The Director of the Civil Rights & Equity Office and investigator shall provide status reports to the Director of Community Standards periodically and upon request.
- In cases where there is/are parallel criminal and administrative investigations the Director of the Civil Rights & Equity Office and investigator may cooperate with law enforcement to preserve the integrity of both investigations while striving to complete a prompt, thorough and equitable investigation of the matter.
- Informal Resolution. The parties may request that the University facilitate informal resolution processes, such as mediation or restorative justice. Where both parties give informed, written consent, informal resolution may present a way to resolve discrimination or discriminatory harassment. UNH may also address offensive conduct that does not rise to the level of discrimination or discriminatory harassment through informal measures. Addressing such conduct will not result in the imposition of discipline under this policy, but may be addressed through respectful conversation, remedial actions, education, and/or other informal resolution mechanisms.