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Student Code of Conduct

Preface

Article I

Article II

Article III

Article IV

Article V

Article VI

The Student Code of Conduct and Judicial Process

Article III: Proscribed Conduct

A. Jurisdiction of the University
B. Violation of Law and University Discipline
C. Conduct Rules and Regulations


A. Jurisdiction of the University

Generally, University jurisdiction and dis­cipline shall be limited to conduct which occurs on University premises or which adversely affects the University Commu­nity and/or the pursuit of its objectives.

B. Violation of Law and University Discipline

1. If a student is charged only with an off campus violation of federal, state, or local laws, but not with any other violation of this Student Code of Conduct, disciplinary action may be taken and sanctions imposed for grave misconduct which demonstrates flagrant disregard for the University community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admit­ting guilt (e.g., “no contest” or “nolo contendre”).

2. University disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of this Student Code of Conduct; for example, if both viola­tions result from the same factual situ­ation, without regard to pending civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.

3. When a student is charged by fed­eral, state, or local authorities with a violation of law, the University will not request or agree to special con­sideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a Hearing Officer or Hearing Board under the Student Code of Conduct, however, the University may advise off-cam­pus authorities of the existence of the Student Code of Conduct and of how such matters will be handled internally within the University com­munity. The University will cooper­ate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student viola­tors. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives, as they deem appropriate.

4. The University Conduct System is an administrative process. It is not a crim­inal law process, nor is it intended to resemble one. The University Conduct System is not required to observe formal rules of evidence and may exclude unduly repetitious or immate­rial information.

C. Conduct Rules and Regulations

Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in Article IV:

1. Acts of dishonesty, including but not limited to the following:
a. Cheating, plagiarism, or other forms of academic dishonesty.  See Academic Policies, 09.7, Procedures for Dealing with Academic Misconduct.  These take precedence over the Code of Conduct.
b. Furnishing false information to any University official, faculty member or office.
c. Forgery, alteration, or misuse of any University document, record, or instrument of identification.
d. Tampering with the election of any University recognized student organization.

2. Disruption or obstruction of teaching, research, administration, disciplin­ary proceedings, other University activities, including its public-service functions on or off campus, or other authorized non-University activities, when the act occurs on University premises.

3. a. Physical abuse,
b. Verbal abuse,
c. Threats, intimidation, coercion
d. Harassment
e. And/or other conduct which threatens or endangers the health or safety of any person.

4. Sexual misconduct, which includes, but is not limited to, any sexual activ­ity as defined by RSA 632-A:1 (IV) and (V) without seeking and receiving expressed permission. Sexual miscon­duct includes sexual activity when a person’s ability to give expressed permission is compromised due to mental/physical disability and/ or mental/physical incapacitation due to substance ingestion. Substances can include legal or illegal drugs and alco­hol or any combination of these.

5. Attempted or actual theft of and/or damage to property of the University or property of a member of the Uni­versity community or other personal or public property.

6. Hazing, defined as an act which en­dangers the mental or physical health or safety of a student, or which de­stroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.

7. Failure to comply with directions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify one­self to these persons when requested to do so.

8. Unauthorized possession, duplication or use of keys to any University prem­ises or unauthorized entry to or use of University premises.

9. Violation of any approved University policy, rule, or regulation, published in hard copy or available electroni­cally or on any official university website, including but not limited to the University Room and Board Agreement, Fire Safety Regulations, University Dining Policies, and Uni­versity Alcohol and Drug Policies. The breakdown follows:
a. Violation of published policies: housing (overnight guests),
b. Violation of published policies: housing (solicitation),
c. Violation of published policies: housing (pets),
d. Violation of published policies: housing (prohibited items)
e. Violation of published policies: housing (rights of others/noise),
f. Violation of published policies: housing (hall sports),
g. Violation of published policies: housing (fire safety regulations/fire drills/alarms/equipment),
h. Violation of published policies: housing (damage),
i. Violation of published policies: housing (other),
j. Violation of published policies: affirmative action,
k. Violation of published policies: other.

10. Criminal conviction for violation of federal, state or local law on Universi­ty premises or at University sponsored or supervised activities.

11. Use, possession, manufacturing, or distribution of narcotic or other con­trolled substances except as expressly permitted by law. (See Alcohol, To­bacco, and Other Drug Policies, page 21, and pages 71- 75 in the Appen­dix.) The breakdown follows:
a. Use of narcotic or other controlled substances
b. Possession of narcotic or other controlled substances
c. Manufacturing of narcotic or other controlled substances
d. Distribution of narcotic or other controlled substances
e. Possession of drug parapherna­lia, including but not limited to, bongs, pipes, or one-hitters
f. Hosting a gathering where the use of narcotics or other controlled substances has occurred/common sources

12. Use, possession or distribution of al­coholic beverages except as expressly permitted by law and University regu­lations. The breakdown follows:
a. Use/possession/distribution of alcohol by individual under legal age,
b. Public intoxication,
c. Excessive consumption of alco­hol,
d. Alcohol in common area of resi­dence halls/apartment areas,
e. Possession/consumption of alco­hol in room of individual under legal age,
f. Providing underage people with alcohol,
g. Hosting a gathering where prohibited drinking has occurred/common sources,
h. Under the influence of alcohol resulting in injury/illness,
i. Violation of UNH alcohol policy. (See Alcohol, Tobacco, and Other Drug Policies, page 21, and pages 71-75 in the Appendix.)

13. Guest responsibility means that all UNH students are responsible for the behavior of their guests when on Uni­versity property and may be held ac­countable for violations of any Univer­sity rule by their guests. The definition of “guest” includes, but is not limited to, any person(s) a student invites into his/her room or apartment building or to the campus, and/or any person(s) involved in activity in his/her room or apartment which violates any provision of the Student Code of Conduct.

14. Illegal or unauthorized possession, or use of firearms, explosives, fireworks, other weapons, or dangerous chemi­cals.

15. Participation in a campus demonstra­tion which disrupts the normal opera­tions of the University and infringes upon the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area, or in or around public ways in the town of Durham, failure to disperse when so directed by police or university of­ficials; intentional obstruction which unreasonably interferes with the free flow of pedestrian or vehicular traffic, on University premises or at University sponsored or supervised functions, or in or around public ways in the town of Durham.

16. a. Conduct which is disorderly, lewd, or indecent
b. Breach of peace
c. And/or aiding, abetting, or procur­ing another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University.

17. Theft or other abuse of computer time, including but not limited to:
a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
b. Unauthorized transfer of a file.
c. Unauthorized use of another individual’s identification and password.
d. Use of computer and/or comput­ing facilities to interfere with the work of another student, faculty member or University Official.
e. Use of University computer facili­ties and/or computing technology to send or post obscene, harass­ing, or abusive messages.
f. Use of computer and/or com­puting facilities to interfere with normal operation of the University computing system.

18. Abuse of the Conduct System, includ­ing but not limited to:
a. Failure to obey the summons of a University official who has re­sponsibility for any aspect of the conduct system.
b. Falsification, distortion, or misrep­resentation of information before a Hearing Board or University Hearing Officer.
c. Disruption or interference with the orderly conduct of a conduct proceeding.
d. Institution of a student conduct proceeding knowingly without cause.
e. Attempting to discourage an indi­vidual’s proper participation in, or use of, the judicial system.
f. Attempting to influence the impar­tiality of a member of a Hearing Board prior to, and/or during the course of, the conduct proceeding.
g. Harassment (verbal or physical) and/or intimidation of a member of a judicial system prior to, dur­ing, and/or after a judicial pro­ceeding.
h. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
i. Influencing or attempting to influ­ence another person to commit an abuse of the conduct system.

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