Article V: Special Provisions

A. Rights in the Conduct Process

  1. Respondents’ and Organizations’ Rights: Students and organizations who are charged with alleged violations of any University rules on a Report of Violation have the following rights:
    1. Fair notice of charges, including time and place of the alleged violation so that the respondent or organization understands the charges.
    2. At least three (3) calendar days’ notice before a contested hearing and the time and place of the hearing.
    3. Knowledge of the name(s) of the complainant(s).
    4. A hearing, under the circumstances described in this Code, if the situation is not otherwise resolved at the preliminary meeting.
    5. The opportunity to have the assistance of a trained student advisor in preparing for a hearing and during a hearing as defined by conduct system policies.
    6. The opportunity to appeal a decision of a Hearing Panel as described in this Code.
    7. Notice of the results of hearings and reviews.
    8. Resolution of conduct charges in accordance with this Code and principles of Due Process.
    9. To be assumed not responsible until a complainant has demonstrated, by a preponderance of the evidence, that the respondent violated the Code.
    10. Right to remain silent: A student or student organization against whom a Report of Violation has been made may choose not to testify at a hearing. This choice shall neither preclude the right to present witnesses and evidence, nor shall it be treated as an admission of responsibility.
    11. The right to legal counsel if criminal charges are pending or likely, subject to the rules in this Code prescribing the scope of attorneys’ involvement in hearings.
  2. Fair treatment: Responding students and responding organizations are members of the University community and have the right to be treated with courtesy and respect by complainants, members of Hearing Panels, Appellate Officers and members of Community Standards.
  3. Complainant’s Rights. The person reporting a violation of University rules has the following rights:
    1. A hearing under the circumstances described in this Code, if the Report of Violation is contested or is not resolved by the processes provided in the Code.
    2. At least three (3) calendar days’ notice of the time and place of a formal hearing in order to prepare for that hearing.
    3. The advice of an advisor chosen from the pool of trained student advisors in preparing for a hearing when the complainant is a student.
    4. The opportunity to appeal under the circumstances described in this Code.
    5. Notice of results of formal hearings and reviews.
    6. Fair treatment: Complainants are members of the University community and have the right to be treated with courtesy and respect by responding students, responding organizations, members of Hearing Panels, Appellate Officers and members of Community Standards.

B. Organizations

  1. Members of a recognized student organization may be charged as an organization and/or individually with violation(s) of the Student Code of Conduct. Factors that may lead to an organization being charged include:
    1. One or more officers or authorized representatives acting in the scope of their capacities, commit the violation.
    2. One or more members commit the violation after the action that constitutes the violation was approved by a vote of the organization or was part of a committee assignment of the organization.
    3. The violation is committed at an activity funded by the organization.
    4. The violation occurs as a result of an event sponsored by the organization.
    5. One or more members of an organization or its officers permit, encourage, aid or assist in committing a violation.
    6. Members of an organization fail to report to appropriate University authorities’ knowledge or information about a violation.
  2. Organization conduct processes are managed by the staff or governing bodies that oversee the organizations following their own internal protocols or bylaws.
    1. Alleged violations by Fraternities will be managed by the University’s Interfraternity Council
    2. Alleged violations by Sororities will be managed by the University’s Panhellenic Council
    3. Alleged violations by sport clubs will be managed by the Assistant Director of Sport Clubs, Intramural Sports, Outdoor Adventures, and Special Events
    4. Alleged violations by all other student organizations will be managed by the Director of the Memorial Union Building and Student Activities
  3. Community Standards may manage organization conduct processes following the resolution processes described in the Code of Conduct for students. Factors that would typically lead to Community Standards managing an organization conduct process include:
    1. The alleged violation is hazing or sexual misconduct
    2. The possible sanctions include organization suspension or organization dismissal
  4. In addition to the sanctions described above in Section E, possible sanctions for organizations include:
    1.  Those sanctions listed above in Article IV.E.6, subsections a.i, b.ii, b.iii, b.iv and b.5.
    2. Organizational Probation - a written reprimand for violation of specific regulations. Specific terms of the probation may include loss of privileges, or other alternative sanctions as described in Article IV.E.6.b.i. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the responding organization is found to be violating any institutional regulation(s) during the probationary period.
    3. Organization Suspension - loss of privileges which may include loss of University recognition of the responding organization, for a specific period of time. Organization Suspension may also include alternative sanctions which are imposed for the purpose of assisting the responding organization in bettering itself, and with expectation that the organization completes these sanctions by the imposed timeliness, regardless of University recognition status, as a factual basis for restoring recognition.
    4. Organization Dismissal - permanent loss of all privileges including University recognition.

C. Records

  1. Disciplinary sanctions shall become part of Community Standards’ confidential student disciplinary record. Records regarding students are subject to access under the Family Educational Rights and Privacy Act. Records regarding student organizations are subject to disclosure subject to the redaction of information to protect the privacy of individual students.
  2. Records regarding students shall be retained.
    1. Cases involving the imposition of sanctions other than expulsion from University housing, University suspension or University dismissal shall be expunged from the responding student’s student disciplinary record three years after final disposition of the case.
    2. Cases of housing expulsion and University suspension shall be expunged from the student’s confidential record five years after the final disposition of the case.
    3. Cases of dismissal will be held permanently.
  3. Records regarding student organizations shall be retained for ten (10) years and then expunged.

D. Procedures for Responding to Sexual Violence, Sexual Harassment and Related Offenses

  1. Scope: these procedures shall apply to reports of violations of this Code by a student, where the reported violation states a colorable claim of sexual harassment, sexual misconduct, unwanted sexual contact, stalking or relationship abuse.
  2. Protocols: The Director will establish public protocols to guide Community Standards as it implements these procedures. The protocols will include rules of decorum and rules of evidence for hearings.
  3. Report and Disclosure: Any member of the University community and any person may report or disclose incidents of sexual violence to a student 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 Title IX Coordinator. Community Standards shall convey a copy of any report or disclosure that it receives directly to the Title IX Coordinator.
  4. Outreach: When Community Standards receives a report or disclosure of sexual violence to a student it will offer information to the student about the student’s rights to make a formal complaint for a violation of the Code, to initiate other proceedings, to receive supportive services and to participate in an intake.
  5. Intake: a member of the Community Standards’ staff shall conduct an interview of the student reporting a Title IX violation to determine if the student chooses to make a formal complaint and to offer University support services.
    1. When a person reporting a Title IX violation has previously provided a general outline of the violation to another office or agency subject to a right of confidentiality, the person may consent to the release of the earlier statement to Community Standards.
    2. Notifications: When Community Standards conducts an intake, it shall notify the UNH Title IX Coordinator, the Dean of Students, other administrators, and UNH police as required or authorized.
  6. Formal complaint: The formal complaint is a document filed and signed by the complainant (physical or digital signature, or signed by Title IX Coordinator) alleging sexual harassment against a respondent and requests the institution investigate the allegations of sexual harassment.
    1. Resolution of formal complaint: The process to resolve the formal complaint will begin upon receipt of a formal complaint and conclude upon the issuance of a written determination of the alleged misconduct. This process will be completed as soon as practicable but no more than 180 days after the receipt of a formal complaint. Deviations from this time frame will be made on a case-by-case basis and supported by good cause. Parties will be notified in writing regarding the length of time and justification for any such delays.
    2. A copy of the formal complaint will be forwarded to the Title IX Coordinator.
    3. Review of formal complaint: the Title IX coordinator will review the formal complaint to determine whether the conduct alleged would constitute sexual harassment as defined in 34 C.F.R. §106.30. If the alleged conduct meets those requirements, it shall be processed as provided in Art. V.D of this Code. If the conduct does not constitute sexual harassment under that regulation, but otherwise alleges unwanted sexual contact, sexual misconduct or sexual harassment under this Code the complaint will be processed as provided in Art. V.D of this Code.
    4. The Title IX Coordinator will notify the complainant of the results of the review. Either party may appeal the finding that the conduct alleged does not meet the requirements of 34 C.F.R §104.30
  7. Appointment of Independent Investigator and University complainant: after completing the intake, the Director will appoint an independent investigator and notify the Title IX Coordinator and the Dean of Students.
  8. Notice of allegations and complaint: the Director will send a notice of allegations and the formal complaint to the complainant and to the responding student(s). The notice to both parties will state that the respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the hearing process, notice of their right to an advisor of choice, a summary of available resources, the contact information for the Title IX Coordinator, a link to this Code and a caution against retaliation.
  9. Investigation: The independent investigator shall work under the direction of the Director to complete a thorough, prompt and fair investigation.
    1. The Director and investigator shall provide status reports to the Title IX Coordinator and Dean of Students periodically and upon request.
    2. In cases where there is/are parallel criminal and administrative investigations the Director and investigator shall cooperate with law enforcement to preserve the integrity of both investigations while striving to complete a prompt, thorough and fair investigation of the matter.
  10. Amnesty: Students who participate in an investigation related to a report of sexual violence generally are not subject to a conduct complaint for lesser drug, alcohol, or COVID-19 violations immediately before and during the incident giving rise to the report, unless the lesser violation is directly related to the facilitation of the offense. Students may be held responsible for subsequent conduct violations of any nature. If students are involved in repeated violations or more serious violations, they may be subject to a conduct complaint.
  11. Investigative Report: The investigator shall prepare a written report of the investigation that fairly summarizes relevant evidence.
    1. The report shall summarize the agreed upon and disputed facts.
    2. The investigator shall provide an initial draft of the report to the Director, who shall review the report for thoroughness and fairness. This draft shall be treated as a confidential document, subject to the governmental decision maker and other available legal privileges.
    3. The Director shall provide a comment draft of the report to both the reporting and responding persons, and at the same time provide both parties with access to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, providing them both with ten days to submit a written response containing suggestions to make the report more accurate. The investigator shall consider the written response(s) but is not required to accept any proposed change from either party.
    4. The investigator shall prepare a final investigative report and submit it to the Director. The Director shall convey the final report to the parties, their advisors, the Title IX Coordinator and the Dean of Students..
  12. Report of Violation: The Director shall assist the complainant to prepare a report of violation to be used to guide the parties to prepare for the hearing and to assist the hearing panel to understand the evidence presented at the hearing.
    1. The Report of Violation shall provide fair notice of the alleged facts and shall specify the provisions of this Code that are alleged to have been violated.
    2. The Report of Violation, together with a copy of the final investigative report, shall be conveyed to the respondent at least 10 days before the hearing and to the hearing panel members at least 2 days before the hearing..
    3. The Report of Violation will state that the respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the hearing process.
    4. Limitations period: Individuals are encouraged to report sexual harassment, sexual misconduct, relationship abuse, or stalking as soon as possible after the incident occurs to maximize the University’s ability to respond promptly and effectively. Prompt reporting allows the University to obtain the most reliable information, be able to contact relevant witnesses (if any), and provide reasonable assistance and interim measures for affected parties. The University does not limit the time for reporting these incidents or filing a Report of Violation, however, and in all cases, a decision will be made on existing facts to determine if an investigation and conduct proceedings are necessary to comply with the law and to serve the University community.
  13. Informal resolution: the parties may request that the University facilitate informal resolution processes, such as mediation or restorative justice, after giving informed, written consent. Informal resolution may present a way to resolve sexual harassment allegations in a less adversarial manner than the investigation and adjudication procedures contained in Art. VI.D. Informal resolution may only be requested after a formal complaint has been filed, so that the parties understand what the grievance process entails and can decide whether to voluntarily attempt informal resolution as an alternative.
  14. Hearing:
    1. The Director shall assign an advisor to both parties. Each advisor shall be aligned with one party and responsible for advising that party on preparing for the hearing, reviewing evidence and conducting cross examination.
    2. The parties will have the right to inspect and review evidence collected during the investigation in advance of the hearing.
    3. The hearing panel will consist of three persons free of conflicts of interest and who have been trained in their responsibilities under the law and under this Code.
    4. The hearing panel will have an advisor to assist it to rule on the admissibility of evidence.
  15. Adjustments in the Hearing Process: Proceedings on Reports of Violation involving sexual violence shall be processed as provided for other reports of violation under this Code, subject to the following adjustments:
    1. The complainant and the respondent have a right to have a support person and an advisor of choice present at any meeting or hearing. Neither party is required to request permission for the presence of an advisor or support person. Advisors may conduct cross examination, but support persons may not represent or speak on behalf of either party in any meeting or proceeding. Advisors and support persons will be subject to rules of decorum adopted by the Director.
    2. The hearing panel, complainant and respondent have a right to have legal counsel present at any meeting or hearing. Legal counsel shall provide the Director 24 hour’s notice that counsel will be present at any hearing or meeting. Legal counsel shall abide by the rules of decorum at every meeting or hearing and shall not disrupt any meeting or hearing.
    3. The Director and the Hearing Panel shall assure that the complainant and respondent have the opportunity to present witnesses and argument, either in writing or in person as required, to reach a fair and accurate determination of the matter.
    4. The Director or designee may conduct preliminary meetings separately with the complainant and respondent. The Director or designee may permit or require the parties to be in separate rooms or behind a screen during the hearing itself, provided, however, that the respondent’s right of confrontation shall be given appropriate weight and protection in fashioning protections for the complainant.

E. Interim Restrictions

  1. Prior to a hearing before a Hearing Panel or other body, the Director may impose interim restrictions that can include limiting or denying access to University housing, to the campus, to classes, or to any other University activities or privileges. Examples include University suspension, eviction from University housing, restriction of access to University events or facilities, and no-contact orders to prevent interaction between students. Interim restrictions for organizations may include ceasing all activities, meetings, and/or events.
  2. Interim restrictions are not intended to be punitive and may be imposed only if there is credible evidence to support the allegations against the student, the alleged conduct is sufficiently serious to warrant the restrictions, and the restrictions are reasonably necessary to:
    1. Protect the physical or emotional safety and well-being of members of the University community (including reporting students or respondents);
    2. Preserve University or private property;
    3. Protect the University community from a substantial risk of disruption to or interference with the normal operations of the University.
  3. Whether alleged conduct is sufficiently serious to warrant a particular restriction depends on several factors, including the following:
    1. the likelihood that harm will occur;
    2. the severity of the potential harm;
    3. the severity of the restriction on the student;
    4. whether there is particularly strong evidence to support the allegations.
  4. Interim restrictions are effective immediately, with no prior notice to the student.
  5. At the time of imposing the interim restrictions, the Director will address, as needed, the student’s immediate needs for shelter and safety.
  6. The University will provide the student, in person or electronically, a written notice containing
    1. a description of each restriction;
    2. a summary of the facts on which the restrictions are based;
    3. the rationale for imposing the restrictions.
  7. The student has the right to meet with the Director in person or by phone, within 24-48 hours of receiving the written notice. The student may request that the restrictions be eliminated or modified and may provide information and evidence to support the request. The Director will review the request and the information provided, will determine whether to eliminate or modify any/all of the restrictions, and will provide the student with a written decision.
  8. If the student still disagrees with the interim restrictions after receiving the decision of the Director, the student may appeal to an Appellate Officer.
    1. The student has the right to meet with an Appellate Officer as soon as practicable, but within 5 business days of making the request.
    2. The appeal request should be in writing and must be delivered to Community Standards or the Director in person or by email.
    3. The Appellate Officer may eliminate or modify any restriction only if they determine that:
      1. It would be clear and convincing to a reasonable person that there is not credible evidence to support the restriction;
      2. It would be clear and convincing to a reasonable person that the alleged conduct is not sufficiently serious to warrant the restriction;
      3. It would be clear and convincing to a reasonable person that the restriction is not needed to protect the physical and emotional safety and well-being of members of the University community, to protect University or personal property, or to protect the University community from a substantial risk of disruption to or interference with the normal operations of the University community.
  9. A student has the right, every 10 days, to request that the Director modify or eliminate the restrictions, and the student also has a right to appeal the Director’s decision.
  10. A student suspended on an interim basis shall have a right to pro rata refund of tuition and fees paid, on the same basis as a student who has withdrawn, for the duration of the suspension.
  11. The Director will notify the Associate Dean of the student’s College in the event an interim restriction limits the student’s ability to satisfy academic requirements.

F. Three Strikes Policy

  1. Purpose: This rule is intended to provide an effective intervention for students whose pattern of rule violation (academic, conduct, administrative and/or criminal) disrupts their academic progress, impedes their social development or disrupts their community. It is intended to support those students by providing time away from the University followed by resumption of their academic course of study provided they are able to be of good behavior during the period they are away.
  2. Strikes: A strike is (1) a conduct violation that resulted in at least probation; (2) a violation of the Academic Honesty policy; (3) an arrest; or (4) a criminal charge or conviction.
    1. Exceptions. If a student is arrested but the student was found not guilty or the charges were withdrawn or dismissed, the arrest is not a strike, unless the University can prove that the student actually committed a criminal offense.
    2. Not Exceptions. An arrest still counts as a strike even if
      1. the case is placed on file;
      2. the student qualifies for a diversion; or
      3. the student pleads “nolo contendere.”
  3. Violation. A student with three strikes (for separate incidents) in four calendar years has violated this rule. Each strike after the third strike is another, separate violation of this rule.
  4. Enforcement. The Academic Standards and Advising Committee (ASAC) has the exclusive authority to determine whether or not to enforce this rule against a student and whether or not to designate a University complainant to pursue a formal conduct charge.
  5. Sanctions. A student found responsible for a three strikes violation will be suspended for a minimum of one semester and will be placed on probation through graduation. The violation will appear on the student’s conduct record as a suspension for a three strikes violation.
  6. Option of Voluntary Withdrawal. ASAC will review the record of all students who have three strikes and may decide to offer a student the option of a voluntary withdrawal. If a student accepts a voluntary withdrawal:
    1. The three strikes violation will not appear on the student’s conduct record.
    2. The student’s time away from the University will not be considered a suspension.
    3. The student will not be eligible to transfer credits for courses taken during the time away from the University
    4. The student will be placed on probation through graduation.
    5. The student may be subject to other conditions that ASAC determines to be appropriate.
  7. Accepting an Offer of Voluntary Withdrawal. A student who is offered the option of a voluntary withdrawal will meet with a University official who will review the rule with the student, explain the conditions of the voluntary withdrawal option, and provide the student with 24 hours to decide whether to accept the offer. If the student does not accept the offer, the case will proceed through the University conduct system.
  8. Notice of Strikes. When a strike occurs, the University will provide the student an oral or written reminder of the three strikes rule.
  9. Refund of tuition and fees. For purposes of calculating refunds of tuition and fees, students who are found responsible after a hearing will be treated as having withdrawn on the date of the hearing. Students who accept an offer of voluntary withdrawal will be treated as having withdrawn on the date the last strike occurred.
  10. Readmission. Students who accept a voluntary withdrawal or are found responsible for violating this rule may apply for readmission to the University, subject to approval by the academic dean.

G. Medical Amnesty

In cases of a drug or alcohol emergency, the primary concern is the health and safety of the individuals involved. Students are strongly encouraged to call for medical assistance for themselves or for another student who they observe to be or feel is dangerously intoxicated/under the influence of alcohol or drugs. If a student calls on behalf of another student, that student is required to remain with the student experiencing the emergency until medical assistance arrives.

  1. Alcohol related incidents.
    1. Eligibility to apply for Medical Amnesty.
      1. Medical Amnesty for a student who requests assistance for another student. A student who requests assistance from a UNH staff member or emergency personnel on behalf of another student who is in need of medical attention as a result of the consumption of alcohol is eligible to apply for Medical Amnesty. The student who requests assistance for another student is eligible even if that student has received Medical Amnesty, for any reason, in the past.
      2. Medical Amnesty for the student in need of medical attention. A student is eligible for amnesty – one time only – under the following circumstances:
        • the student was in need of medical attention as a result of the consumption of alcohol; and
        • the student, or another student acting on their behalf, requested assistance from a UNH staff member or emergency personnel.
      3. Recognized UNH student organizations are not eligible for Medical Amnesty.
    2. Requesting Amnesty.
      1. A student who is charged with a conduct violation and wishes to request Medial Amnesty must submit a request for amnesty to Community Standards within 2 business days after:
        • the student has accepted responsibility for the conduct charge and notified the University; or
        • the student has received notification from the University that the student has been found responsible for the conduct charge.
      2. The student must provide proof that medical attention was requested.
    3. Decision whether to grant Medical Amnesty. Community Standards will determine whether an eligible student qualifies for Medical Amnesty. Community Standards may, in its sole discretion, deny amnesty when a student has a prior alcohol related violation/arrest, when a student was on probation at the time of the incident, or when a student’s prior conduct and/or the circumstances surrounding the incident indicate that granting amnesty would be contrary to the purpose of this rule.
    4. Terms of Amnesty.
      1. Amnesty applies only to the following alcohol related violations:
        • alcohol use and possession (Rule 14a);
        • public intoxication (Rule 14b);
        • excessive consumption of alcohol (Rule 14b);
        • under the influence of alcohol resulting in injury or illness (Rule 14h).
      2.  The student must complete, at the student’s own expense, an approved alcohol education program and provide notification of completion to Community Standards within 6 months.
      3. Pending completion of the alcohol education program, the student will be considered “not responsible” for the conduct violation. If the student does not complete the program and notify Community Standards within the 6 month time period, the student’s initial acceptance/finding of responsibility will take effect and the student will be found responsible for the violation.
    5. Notification of parents or legal guardians. This amnesty policy does not change the University’s policy of notifying parents and legal guardians. This amnesty policy does not change the University’s policy of notifying parents and legal guardians of the student’s arrest by police or alcohol related conduct charge as per normal process allowed under FERPA (Family Educationtional Rights and Privacy Act).
  2. Drug related incidents.
    Students who request medical assistance for another person who is reasonably perceived to be dangerously under the influence of drugs will be exempt from student conduct charges for the use or possession of drugs or for the possession of drug paraphernalia, if the evidence for the charge was gained as a direct result of the request for medical assistance. If a student believes they qualify for amnesty for a drug related incident and finds that they have been charged with a conduct violation, the student may contact Community Standards to request amnesty. Upon providing Community Standards with sufficient evidence that they qualify for amnesty, the student will be found not responsible for the charge. Students granted amnesty in a drug related incident are not required to complete an alcohol/drug education program. They are, however, required to meet with the Dean of Students or their designee to discuss the incident.

H. Conflict of Interest

  1. Community Standards is required by law and committed by its mission to provide fair, thorough and accurate resolution of reports of violations of this Code. In fulfilling those duties, the Director and staff of Community Standards shall assist investigators, complainants, co-complainants, respondents, Hearing Panels and Appellate Officers by advising them on the processes and rights under this Code.
  2. The Director and staff Community Standards shall not impair the independence of Hearing Panels and Appellate Officers and, though they may provide procedural advice at all times, shall use their best efforts to avoid acting in dual roles in the same conduct case.
  3. Members of Hearing Panels and Appellate Officers shall not serve on cases for students who are currently in courses that they teach, whom they advise, who are on teams that they coach, who are employed in the same department or unit or when they determine that they have a personal, economic or legal conflict with any party to a conduct matter.

I. Interpretation and Revision

  1. Any question of interpretation regarding the Student Code of Conduct shall be referred to the Dean of Students or their designee for final determination.
  2. The Student Code of Conduct shall be reviewed annually by the Dean of Students and the Director of Community Standards in consultation with faculty, University officials, and student representatives as designated by the Student Senate.