Conduct Case Sanction Guidlines

 

University of New Hampshire Sanction Guidelines

CLICK HERE FOR DOWNLOADABLE PDF COPY OF  THIS DOCUMENT

 

2014-2015

 

 

 

Table of Contents

 

 

 

 

Purpose of Document

The Office of Community Standards at the University of New Hampshire offers this document as a guide to the typical outcomes of past conduct cases.  In an effort to be as transparent as possible we would like students to have prior knowledge of what the very real potential outcome for their case may be.  This provides opportunities for students to reflect and understand that there are consequences for the choices that they will make here at the University of New Hampshire and in their chosen path after life at UNH.  If a student makes the choice to violate University policy, or the law, they are doing so informed of the consequences of their choices.   Choices Matter.

The sanctions outlined in this document reflect the University’s desire to educate the student and community. In addition to the three guiding principles of community, fairness and responsibility, the Office of Community Standards strives to provide the UNH community with a conduct system that is credible, consistent and transparent. In this sanctioning guideline you will see individual violations and the typical sanctions administered if a UNH student is found responsible through the UNH conduct system. All of the included violations can be found in the Student’s Rules, Rights and Responsibilities Handbook and the UNH Housing Room and Board Agreement.

In order to be fundamentally fair to all students, ideally, over time, precedent should develop to show that similar violations result in similar sanctions. However, for a disciplinary system to be fair it must be flexible enough to respond to each student as an individual and to the particular facts and circumstances of each case. Within a number of the rules, the University acknowledges that there is a broad range of behaviors that would constitute a violation.  Therefore, sanctions imposed for a specific rule violation or set of rules violated will reflect the severity and nature of the violations, any high risk behaviors, and a number of other aggravating and mitigating factors. Rules where violations may result in a range of sanctions will be identified as such throughout this document.

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

In accordance with federal law - The Family Educational Rights and Privacy Act (FERPA) - student conduct records are confidential. Only personnel with a legitimate need to know to perform essential duties are informed of outcomes of conduct proceedings. Parents or other third parties may only be informed of outcomes after receiving written permission from the student even if they are under the age of 18.

However, The University of New Hampshire discloses students’ alcohol or other drug related violations under the Code of Conduct to their parents or legal guardians at the time that they are charged, without obtaining students’ permission for the disclosure. The University believes that this policy of prompt notification of parents is consistent with the U.S. Department of Education’s interpretation of its regulations governing such disclosures. See 34 C.F.R. ¤99.31 (a) (15) and 65 Federal Register, 41863 (July 6, 2000) (“Congress intended to make it easier for institutions to inform parents of drug and alcohol violations by allowing the institution to release the information without conducting a formal disciplinary hearing”). The disclosure does not deprive students of the opportunity to contest charges or drug and alcohol violations through the University disciplinary process.  If the parent or legal guardian of a student would like access to more than the violations of a drug or alcohol case they are still required to obtain a release of information from their student.

 

ALCOHOL AT UNH

Alcohol violations are some of the most common violations committed at the University of New Hampshire (and colleges and universities across the United States).  UNH takes alcohol consumption very seriously and has a zero tolerance policy for underage drinking.  First time violations of the alcohol policy may result in eviction from University housing, loss of privileges such as studying abroad, participation in a student org or athletic team, and being on probation (this list is not exhaustive).  This is due to the fact that we want to do our best to prevent underage and high risk drinking due to the considerable facts outlined below from the July 2013  National Institute on Alcohol Abuse and Alcoholism publication on College Drinking (http://pubs.niaaa.nih.gov/publications/CollegeFactSheet/CollegeFactSheet.pdf). 

·         Death: 1,825 college students between the ages of 18 and 24 die each year from alcohol-related unintentional injuries.

·         Assault: More than 696,000 students between the ages of 18 and 24 are assaulted by another student who has been drinking.

·         Sexual Assault: More than 97,000 students between the ages of 18 and 24 are victims of alcohol-related sexual assault or date rape.

·         Injury: 599,000 students between the ages of 18 and 24 receive unintentional injuries while under the influence of alcohol.

·         Drunk Driving: Each year an estimated 3,360,000 students between the ages of 18 and 24 drive under the influence of alcohol.

·         Alcohol Abuse and Dependence: 19% of college students between the ages of 18 and 24 met the criteria for alcohol abuse or dependence, but only 5% of those students sought treatment for the alcohol problems in the year preceding the survey.

·         Academic Problems: About 25 percent of college students report academic consequences of their drinking including missing class, falling behind, doing poorly on exams or papers, and receiving lower grades overall.

·         Unsafe Sex: Each year an estimated 400,000 students between the ages of 18 and 24 have unprotected sex, and more than 100,000 students in the same age group report having been too intoxicated to know if they consented to having sex.

·         Other Consequences: Include suicide attempts, health problems, vandalism, property damage and involvement with the police/conduct offices. 

 

 

 

 

DRUGS AT UNH

The University takes any violation of the drug policy very seriously.  As a State institution we support State Law.  Drug use and drug abuse have serious consequences for both individuals and society and as an institution we want to do our best to stop illegal drug use and protect our students from the ramifications of such use.  Therefore, any violation of the drug policy may result in eviction from University housing at the very least, and depending on the nature of the violation, may lead to dismissal from the institution.  Marijuana is an illegal drug in The State of New Hampshire and any possession or use of marijuana will be treated as a violation of the University drug policy.

To highlight the seriousness of drug use in the United States please review the following information from the Centers for Disease Control (http://www.cdc.gov/homeandrecreationalsafety/overdose/facts.html):

  • Deaths from drug overdose have been rising steadily over the past two decades and have become the leading cause of injury death in the United States.  Every day in the United States, 113 people die as a result of drug overdose, and another 6,748 are treated in emergency departments (ED) for the misuse or abuse of drugs. Nearly 9 out of 10 poisoning deaths are caused by drugs.

·         Drug overdose death rates have been rising steadily since 1992 with a 118% increase from 1999 to 2011 alone.

 

·         In the United States, prescription opioid abuse costs were about $55.7 billion in 2007.  Of this amount, 46% was attributable to workplace costs (e.g., lost productivity), 45% to healthcare costs (e.g., abuse treatment), and 9% to criminal justice costs.

 

Standard of Evidence Used in Adjudicating UNH Conduct Cases

All conduct cases at the University of New Hampshire are adjudicated based on the standard of evidence called the preponderance of evidence.  This means a student will be found responsible for a violation if it is more likely than not (50% plus a feather), to a reasonable person, that a violation has occurred based on evidence presented by the complainant and respondent.  The use of this standard of evidence is recommended by the United States Office for Civil Rights and has been supported by the United States Supreme Court.

Using This Document

To utilize this document find the violation charged and typical behavior in the Outline of Behaviors and Typical Sanctions section of this document below. Once you find this you will see aggravating factors and typical sanctions.  We recognize that students may be charged with multiple violations.  If this is the case, we recommend identifying what the most serious violation is first and its typical sanction.  The other violations of the case may or may not cause more serious sanctions to be imposed.  The University defines serious violations as misconduct containing one or more of the following conditions:

 

a. Misconduct that caused physical harm to others.

b. Misconduct that jeopardized the safety and/or well being of others.

c. Misconduct that caused an adverse impact to the residential or University community.

d. Misconduct that caused serious damage to University property or the property of others.

e. Misconduct that violates conditions of probation or indicates repeated violations.

f. Misconduct that involves hosting a gathering where prohibited drinking has occurred/common

   sources.

g. Misconduct that is a violation of the University Drug Policy.

h. Misconduct that harms others because of their particular race, religion, gender, sexual           orientation or other category protected by law or university policy.

 

Important Information on Aggravating and Mitigating Factors

The University of New Hampshire Student Rights, Rules, & Responsibilities defines an aggravating factor as, “a circumstance(s) attending the commission of misconduct that adds to its seriousness.”   There are certain factors that OCS considers universally aggravating.  Examples of these may include, but are not limited to, an incident causing an adverse or negative impact to an individual or the community, prior misconduct, violence, use of force, dishonesty, demeanor/attitude of an individual, premeditation of a violation, intent of violation, and the presence of any high risk behaviors.  Aggravating factors are highlighted because when they are present as factors in a conduct case, the standard sanction is typically elevated.  This means, when aggravating factors are present, the separation sanction of residential eviction or greater may be considered in these cases.

The University Student Rights, Rules, & Responsibilities defines a mitigating factor as, “a circumstance(s) that may be taken into consideration to reduce a sanction.  A mitigating factor does not constitute a justification or excuse for the misconduct in question.”  Mitigating factors are highlighted because there is generally much confusion around what OCS will consider as a mitigating factor.  The most commonly confused factor would be an individual’s character.  Character is not considered in conduct cases.  We want to believe that all of our students at UNH have good character. We are incredibly proud that many of our students choose to volunteer their time for worthy causes, participate actively in their halls, and are “A” students.  To be fundamentally fair to all UNH students we focus on a behavior (misconduct) and we understand a single choice in a student’s life does not define who they are nor their character.

Additionally, honesty and cooperation are commonly misunderstood.  These are not mitigating factors in any case.  As we believe all of our students to be of good character, the University expects that all students will be honest and cooperative with hall staff, University officials, and Police.  When honesty and cooperation are missing, it may very well be considered as an aggravating factor in a case. 

A mitigating factor that may be considered in the sanctioning of conduct cases is the level of involvement of a student.  It is the desire of UNH that, upon graduation, all of our students will have the strength of character to challenge their peers or find appropriate staff when they see violations of the code of conduct.  We recognize, however, that our students are in different developmental spaces and challenging their peers may be difficult.  If a student chooses to remain in their room or apartment and is aware that a conduct violation is occurring, but actively seeks to avoid the violation or find appropriate staff, sanctioning may be mitigated. This means a student may not be charged or sanctioned, but if they are, it may be to a lesser degree.

Outline of Behaviors and Typical Sanctions

Rule 1: Acts of Dishonesty

Typical Behavior

Typical Sanctions

  1. Acts of Dishonesty

 

  1. Cheating, plagiarism, or other forms of academic dishonesty.

See Academic Procedures, 09.7, Procedures for Dealing with Academic Misconduct. These take precedence over the Code of Conduct.

 

1. Acts of Dishonesty

 

  1. Furnishing false information to any University official, faculty member or office

 

Failure to provide proper ID to Hall Staff

 

Aggravating Factors Include:

  • The level of knowledge and the intent of the student
  • How the violation was committed

 

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)

 

 

1. Acts of Dishonesty

 

  1. Forgery, altercation, or misuse of any University document, record, or instrument of identification.

 

 

 

Aggravating Factors Include:

  • The level of knowledge and the intent of the student
  • How the violation was committed

 

 

First Offense:

  • Disciplinary Probation until graduation – University Dismissal
  • Educational Sanction(s)

 

 If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration

 

1. Acts of Dishonesty

 

D. Tampering with the election of any University recognized student organization

 

 

Aggravating Factors Include:

  • The level of knowledge and the intent of the student
  • How the violation was committed

 

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Loss of Privileges

 

Second Offense:

  • 2 years Disciplinary Probation
  • Educational Sanction(s)
  • Loss of Privileges

 

 

 

Rule 2: Disruption

Typical Behavior

Typical Sanctions

  1. Disruption

 

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** may be handled by faculty, UNH PD**

 

Aggravating Factors Include:

  • How the violation was committed
  • Level of disruption to individual or community
  • The level of knowledge and the intent of the student

 

 

First Offense:

  • 1 year Disciplinary Probation –University Dismissal
  • Educational Sanction(s)

 

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration

 

Rule 3: Conduct that results in:

Typical Behavior

Typical Sanctions

  1. Conduct that results in:

 

A. Physical Harm

 

Mutual altercation

 

Aggravating Factors Include:

  • How the violation was committed
  • Level of disruption to individual or community
  • Location of where violation took place

 

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Prohibition Against Personal Contact
  • Relocation if appropriate
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate

 

3. Conduct that results in:

 

A. Physical Harm

 

Assault with minor injuries

 

Aggravating Factors Include:

  • How the violation was committed
  • Level of disruption to individual or community
  • Location of where the violation took place

 

First Offense:

  • 1 year Disciplinary Probation -  University Suspension
  • Educational Sanction(s)
  • Prohibition Against Personal Contact
  • Relocation if appropriate
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

3. Conduct that results in:

 

A. Physical Harm

 

Assault with serious injuries

 

Aggravating Factors Include:

  • How the violation was committed
  • Level of disruption to individual or community
  • Location of where the violation took place

 

First Offense:

  • 2 year University Suspension – University Dismissal

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

3. Conduct that results in:

 

A. Physical Harm

 

Assault with weapon

 

 

Aggravating Factors Include:

  • How the violation was committed
  • Level of disruption to individual or community
  • Location of where the violation took place

 

First Offense:

  • 1 year University Suspension – University Dismissal

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

3. Conduct that results in:

 

B. Threatening or endangering the health or safety of any person

 

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student
  • If the behavior resulted in any injuries and to what extent
  • Location of where the violation took place

 

 

First Offense:

  • Disciplinary Probation until graduation – University Dismissal
  • Educational Sanction(s)
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

3. Conduct that results in:

 

C. Intimidation (Implied threats)

 

 

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student

 

 

 

First Offense:

  • 1 year Disciplinary Probation – University Suspension
  • Educational Sanction(s)
  • Prohibition Against Personal Contact
  • Residence Hall Eviction if appropriate
  • Banned from Entry if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

3. Conduct that results in:

 

D. Coercion (pressuring another unreasonably until an act is not truly voluntary)

 

 

 

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student

 

First Offense:

  • Disciplinary Probation until graduation – University Dismissal
  • Educational Sanction(s)
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

3. Conduct that results in:

 

E. Harassment

 

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student

 

 

First Offense:

  • 1 year Disciplinary Probation – University Suspension
  • Educational Sanction(s)
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

3. Conduct that results in:

 

F. Unwelcome Physical Contact

 

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student

 

 

First Offense:

  • 1 year Disciplinary Probation – University Suspension
  • Educational Sanction(s)
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

 

Rule 4: Discriminatory Harassment

Typical Behavior

Typical Sanctions

4. Discriminatory Harassment

 

Discriminatory Harassment

 

Discriminatory Harassment occurs when unwelcome conduct based on an individual’s membership in a protected group (age, color, creed, disability, gender identity, genetic information, national origin, race, religion, sex, sexual orientation, or veteran status) unreasonably interferes with the individual’s work or educational environment. It includes verbal, visual, or physical conduct where such conduct may have the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating, hostile, or offensive working or educational environment.

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student

 

See p. 24 Administrative Policies, 10.2, 10.3 in Students Rights, Rules and Responsibilities Handbook

 

First Offense:

  • Disciplinary Probation through graduation – University Dismissal
  • Suspension until survivor graduates if appropriate
  • Educational Sanction(s)
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

 

Rule 5: Stalking

Typical Behavior

Typical Sanctions

5. Stalking

 

Stalking: defined as repetitive, menacing pursuit, following, harassment, and/or interference with the peace and/or safety of a member of the community.

 

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student

 

 

First Offense:

  • Disciplinary Probation through graduation –University Dismissal
  • Suspension until survivor graduates if appropriate
  • Educational Sanction(s)
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

 

Rule 6: Relationship Abuse

Typical Behavior

Typical Sanctions

6. Relationship Abuse

 

Relationship abuse: which is defined as the act or attempt to commit any of the above violations listed in items 3, 4, or 5 above by a current or former sexual or intimate partner, under circumstances that constitute a threat to the victim’s safety.

 

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student

 

First Offense:

  • 1 year University Suspension – University Dismissal
  • Suspension until survivor graduates if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

 

Rule 7: Unwanted Sexual Contact

Typical Behavior

Typical Sanctions

7. Unwanted Sexual Contact RSA 632A:1(IV)

 

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

 

 

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student
  • Involvement of alcohol and other drugs

 

 

First Offense:

  • 1 year Disciplinary Probation – University Dismissal
  • Suspension until survivor graduates if appropriate
  • Educational Sanction(s)
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

 

Rule 8: Sexual Misconduct

Typical Behavior

Typical Sanctions

8. Sexual Misconduct RSA 632A:1(V)

 

Sexual misconduct, which includes, but is not limited to, any sexual activity as define by RSA 632-A:1 (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.

 

Aggravating Factors Include:

  • How the violation was committed
  • Impact on the individual/community
  • Level of knowledge and the intent of the student
  • Involvement of alcohol or other drugs
  • Size differential
  • Power dynamic

 

First Offense:

  • The minimum sanction for those found responsible for sexual misconduct that includes sexual penetration as defined by RSA 632-A:1,V is suspension for one year or until the survivor graduates or otherwise leaves the University for an indefinite period of time, whichever is longer.
  • Contact OCS for Additional Sanctions

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

 

 

Rule 9: Theft

Typical Behavior

Typical Sanctions

9. Theft

 

Minor theft from a dining hall

First Offense:

  • Warning - 6 months Disciplinary Probation
  • Restitution if appropriate

 

Second Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Restitution if appropriate

 

9. Theft

 

Lounge furniture in student room

First Offense:

  • Warning
  • $50 Fine

 

Second Offense:

  • 6 months Disciplinary Probation
  • $100 Fine
  • Educational Sanction(s)

 

Third Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Residence Hall Eviction

 

3. Theft

 

Possession of traffic sign or University parking sign

First Offense:

  • 6 months Disciplinary Probation
  • $100 Fine
  • Educational Sanction(s)
  • Restitution if appropriate

 

9. Theft

 

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

 

Aggravating Factors Include:

  • Impact on the individual/community
  • Monetary value of item(s)

 

 

First Offense:

  • 1 year Disciplinary Probation – University Dismissal
  • Educational Sanction(s)
  • Restitution
  • Residence Hall Eviction if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Restitution
  • Prohibition Against Personal Contact
  • Banned from Entry if appropriate

 

 

 

Rule 10: Damage

Typical Behavior

Typical Sanction

10. Damage

 

 

Punch hole in wall or window in individuals room

 

First Offense:

·         6 months Disciplinary Probation

·         Educational Sanction(s)

·         Restitution

 

Second Offense:

·         1 year Disciplinary Probation

·         Educational Sanction(s)

·         Restitution

·         Residence Hall Eviction

 

10. Damage

 

Damage to common area in residence hall or apartment (i.e. hallways, lounges, bathrooms, stairwells, etc.)

 

Aggravating Factors Include:

  • Potential of harm to health and safety of community
  • Level of disruption to individual or community

First Offense:

·         6 months - 1 year Disciplinary Probation

·         Educational Sanction(s)

·         Restitution

·         Residence Hall Eviction

 

Second Offense:

·         18 months Disciplinary Probation

·         Educational Sanction

·         Restitution

·         Residence Hall Expulsion

 

10. Damage

 

Damage to building entrances: damaging or breaking door

 

Aggravating Factors Include:

  • Potential of harm to health and safety of community
  • Level of disruption to individual or community

 

First Offense:

·         1 year Disciplinary Probation

·         Educational Sanction(s)

·         Restitution

·         Residence Hall Expulsion

 

10. Damage

 

Damage to building entrances: damaging or breaking card swipe readers

 

Aggravating Factors Include:

  • Potential of harm to health and safety of community
  • Level of disruption to individual or community

 

First Offense:

·         1 year Disciplinary Probation

·         Educational Sanction(s)

·         Restitution

·         Residence Hall Expulsion if appropriate

·         Banned from Entry if appropriate

 

10. Damage

 

Intentional or reckless damage to property of the University or property of a member of the University community or other personal or public property.

 

Aggravating Factors Include:

  • Level of knowledge and the intent of the student
  • Level of disruption to individual or community
  • Location of where the violation took place
  • Risk to health and safety of community

First Offense:

  • 1 year Disciplinary Probation – University Dismissal
  • Educational Sanction(s)
  • Restitution
  • Residence Hall Eviction if appropriate
  • Banned from Entry if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Restitution
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Banned from Entry if appropriate

 

 

Rule 11: Fire Safety Violations

Typical Behavior

Typical Sanction

11. Fire Safety Violations

 

A. Intentionally or recklessly causing a fire which damages University or personal property or which causes injury

First Offense:

  • 1 year University Suspension – University Dismissal

 

If University Suspension, upon return

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Restitution
  • Banned from Entry
  • Residence Hall Expulsion

 

11. Fire Safety Violations

 

B. Failure to evacuate a University controlled building during a fire alarm

 

Aggravating Factor Includes:

  • Active fire in progress
  • Level of knowledge and the intent of the student

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Residence Hall Eviction if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate

 

11. Fire Safety Violations

 

C. Improper use of University fire safety equipment

 

Improper or unauthorized discharge of fire extinguisher

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Residence Hall Expulsion if appropriate
  • Restitution

 

Second Offense:

  • University Suspension

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate

 

 

11. Fire Safety Violations

 

D. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University property.

 

To cover, attach, or hang anything from fire detector or device or sprinkler head

 

 

 

First Offense:

  • Warning

 

Second Offense:

  • 6 months Disciplinary Probation
  • Educational Sanction(s)

 

11. Fire Safety Violations

 

D. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University property.

 

Improper and unauthorized pull of fire alarm

 

Aggravating Factors Include:

  • Level of knowledge and the intent of the student
  • Potential of harm to health and safety to community

First Offense:

  • 1 year Disciplinary Probation - University Suspension
  • Educational Sanction(s)
  • Residence Hall Expulsion if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Expulsion if appropriate
  • Banned from Entry if appropriate

 

 

Rule 12: Hazing

Typical Behavior

Typical Sanctions

12. Hazing

 

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.

 

 

First Offense:

Consult with the Office of Community Standards

  • Disciplinary Probation until graduation – University Dismissal
  • Educational Sanction(s)
  • Banned from Entry if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Banned from Entry if appropriate

 

 

Rule 13: Failure to Comply

Typical Behavior

Typical Sanctions

13. Failure to Comply

 

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

 

This charge is an aggravating violation that will enhance the sanctions for any other underlying violation(s).

First Offense:

  • Warning – 1 year Disciplinary Probation
  • Educational Sanction(s)

 

Second Offense:

  • 6 months Disciplinary Probation
  • Educational Sanction(s)

 

 

*** See last page of document for typical sanctions associated with mass gathering violations

 

 

Rule 14: Improper Use of Keys and Facilities

Typical Behavior

Typical Sanctions

14. Improper Use of Keys and Facilities

 

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

 

Giving personal keys or ID card to another person

 

Leaving keys or ID card in a public space

 

Propping open any door to the outside

Attempting to force open any secure door

 

Interfering with the locking mechanism of any door

 

Unauthorized access to and improper behavior on University premises such as balconies, roof tops, etc.

 

Damaging any door, lock or window

 

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Restitution if appropriate
  • Banned from Entry if appropriate

 

 

 

Second Offense:

  • 18 months Disciplinary Probation
  • Educational Sanction(s)
  • Restitution if appropriate
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate

 

Rule 15: Housing: Room and Board Agreement

Typical Behavior

Typical Sanctions

15. Violation of Room and Board Agreement

 

 

A. Housing: Overnight Guests

 

Overnight guests may not stay longer than two nights in any given week.

 

First Offense:

·         Warning

 

Second Offense:

·         Educational Sanction(s)

·         Loss of privileges

 

Third Offense:

·         1 year Disciplinary Probation

·         Educational Sanction

·         Relocation if necessary

15. Violation of Room and Board Agreement

 

B. Housing: Solicitation

 

Commercial activity, solicitation or advertising is not permitted in or around University housing unless prior approval by the University Police Department has been obtained.

 

 

First Offense:

  • Warning

 

Second Offense:

  • Educational Sanction(s)

 

Third Offense:

  • 6 months Disciplinary Probation
  • Educational Sanction(s)
  • Banned from Entry if appropriate

 

15. Violation of Room and Board Agreement

 

C. Housing: Pets

 

First Offense:

  • Warning
  • Removal of Pet

 

Second Offense:

  • One year Disciplinary Probation
  • Educational Sanction(s)
  • Removal of Pet

 

 

15. Violation of Room and Board Agreement

 

C. Housing: Prohibited Items

 

Prohibited Items include, but are not limited to:

  • Halogen lamps
  • Hot plates
  • Electric blankets
  • Air conditioners
  • Candles
  • Incense

 

For the complete list of Prohibited Items, please refer to the Room and Board Agreement

 

First Offense:

  • Warning

 

Second Offense:

  • One year Disciplinary Probation
  • Educational Sanction(s)

 

 

 

15. Violation of Room and Board Agreement

 

D. Housing: Rights of others/noise

 

Violating quiet hours and/or courtesy hours

 

Aggravating Factors Include:

  • Level of disruption to the community

First Offense:

  • Warning

 

Second Offense:

  • 6 months Disciplinary Probation
  • Educational Sanction(s)

 

Third Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Loss of Privileges
  • Residence Hall Eviction if appropriate

 

15. Violation of Room and Board Agreement

 

D. Housing: Rights of others/noise

 

Violating quiet hours during finals

 

Aggravating Factors:

  • Level of disruption to the community

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Residence Hall Eviction

 

Second Offense:

  • Disciplinary probation until graduation – University Suspension
  • Educational Sanction(s)
  • Loss of Privileges
  • Residence Hall Expulsion

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction/Expulsion if appropriate
  • Banned from Entry if appropriate
  • Loss of Privileges

 

 

15. Violation of Room and Board Agreement

 

E. Housing: Hall Sports

 

Use of bicycles, in-line skates, skateboards, longboards, etc…. within residence halls

 

Aggravating Factors Include:

  • Level of disruption to individual or community
  • Damage caused

First Offense:

  • Warning

 

Second Offense:

  • Educational Sanction(s)

 

Third Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction

 

 

 

15. Violation of Room and Board Agreement

 

I. Housing: Other

First Offense:

Consult with the Office of Community Standards

  • Warning

 

Second Offense:

  • 6 months Disciplinary Probation
  • Educational Sanction(s)

 

 

15. Violation of Room and Board Agreement

 

I. Housing: Other

 

Leaving personal belongings in the hallway

First Offense:

·         Warning

 

Second Offense:

·         6 months Disciplinary Probation

  • Education Sanction(s)

 

15. Violation of Room and Board Agreement

 

I. Housing: Other

 

Exceeding maximum occupancy

 

No more than ten people may be in a residence hall room or between 13 and 24 people in an apartment, depending upon apartment, at one time, per order of the Durham Fire Department.

This charge is an aggravating violation that will enhance the sanctions for any other underlying violation(s).

First Offense:

·         Warning

·         Educational Sanction(s)

 

Second Offense:

·         6 months Disciplinary Probation

·         Educational Sanction(s)

·         Loss of Privileges

 

Third Offense:

·         1 year Disciplinary Probation

·         Educational Sanction(s)

·         Loss of Privileges

 

15. Violation of Room and Board Agreement

 

I. Housing: Other

 

Smoking within 20 feet to a University building/Smoking in designated no smoking areas such as quads and courtyards

First Offense:

·         Warning

 

Second Offense:

·         6 months Disciplinary probation

·         Educational Sanction(s)

 

Third Offense:

·         1 year Disciplinary Probation

·         Educational Sanction(s)

     

 

Rule 16: Drugs

Typical Behavior

Typical Sanctions

16. Drugs

 

A. Use of narcotic or other controlled substances (marijuana)

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 1 year Disciplinary Probation
  • First Offense Drug Fine
  • Drug Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction

 

Second Offense:

  • 18 months Disciplinary Probation – University Suspension
  • Second Offense Drug Fine
  • Drug Education Class
  • Educational Sanction(s)
  • Residence Hall Expulsion

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Drug Educational Class
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Expulsion

 

16. Drugs

 

A. Use of narcotic or other controlled substance (i.e. cocaine, heroin, ecstasy, controlled prescriptions, etc.)

 

 

First Offense:

  • 1 year Disciplinary Probation - University Suspension
  • First Offense Drug Fine
  • Drug Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction if appropriate

 

If University Suspension, upon return:

  • Require Interview
  • Disciplinary Probation until graduation
  • Drug Education Class
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate

 

16. Drugs

 

B. Possession of narcotic or other controlled substances (marijuana)

 

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

 

Aggravating Factors Include:

Amount

First Offense:

  • 1 year Disciplinary Probation
  • First Offense Drug Fine
  • Drug Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction

 

Second Offense:

  • 18 months Disciplinary Probation
  • Drug Education Class
  • Educational Sanction
  • Residence Hall Expulsion

 

16. Drugs

 

B. Possession of narcotic or other controlled substances (i.e. cocaine, heroin, ecstasy, controlled prescriptions, etc….)

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

 

 

 

Aggravating Factors Include:

Amount

First Offense:

  • 1 year University Suspension

 

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Drug Education Class
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate

 

16. Drugs

 

C. Distribution of narcotic or other controlled substances (i.e marijuana, cocaine, heroin, ecstasy, controlled prescriptions, etc….)

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

 

First Offense:

  • University Dismissal

 

16. Drugs

 

D. Possession of drug paraphernalia that shows evidence of use, including but not limited to, bongs, pipes, or one-hitters

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

 

Aggravating Factors Include:

Useable amount of residue

 

First Offense:

  • 1 year Disciplinary Probation
  • First Offense Drug Fine
  • Drug Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction

 

Second Offense:

  • 18 months Disciplinary Probation – University Suspension
  • Second Offense Drug Fine
  • Drug Education Class
  • Educational Sanction(s)
  • Residence Hall Expulsion

 

 

16. Drugs

 

E. Hosting a gathering where the use of narcotics or other controlled substances has occurred/common sources (i.e marijuana, cocaine, heroin, ecstasy, controlled prescriptions, etc….)

 

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 2 year Disciplinary Probation – University Dismissal
  • Drug Educational Class
  • Educational Sanction(s)
  • Residence Hall Expulsion

 

16. Drugs

 

F. Manufacturing of narcotic or other controlled substances

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • University Dismissal

 

 

 

 

Rule 17: Alcohol

Typical Behavior

Typical Sanctions

17. Alcohol

 

A1. Use of alcohol by individual under legal age

 

 

 

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

 

 

**For sanctioning around high risk use of alcohol please see public intoxication and/or excessive consumption.**

First Offense:

  • 6 months Disciplinary Probation
  • First Offense Alcohol Fine
  • Alcohol Education Class
  • Educational Sanction(s)

 

Second Offense:

  • 18 month Disciplinary Probation
  • Second Offense Alcohol Fine
  • Alcohol Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction if Appropriate

 

Third Offense:

  • 2 year Disciplinary Probation – 1 semester University Suspension
  • Educational Sanction(s)
  • Residence Hall Eviction

17. Alcohol

 

A2. Possession of alcohol by individual under legal age

 

Small Amount: Less than 1- 6 pack of 12oz cans/bottles of beer, or 1-750 ml of wine, or 9oz of liquor (less than 1/3 of a 750ml bottle of liquor)

 

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 6 months Disciplinary Probation
  • First Offense Alcohol Fine
  • Alcohol Education Class
  • Educational Sanction(s)

 

Second Offense:

  • 18 months Disciplinary Probation
  • Second Offense Alcohol Fine
  • Alcohol Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction if Appropriate

 

 

Third Offense:

  • 2 year Disciplinary Probation
  • Educational Sanction(s)
  • Residence Hall Eviction

 

 

17. Alcohol

 

A2. Possession of alcohol by individual under legal age

 

Large Amount: More than 1 - 6 pack of 12oz cans of beer, or 1-750ml of wine, or 9oz of liquor (more than 1/3 of a 750ml bottle of liquor)

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 1 year Disciplinary Probation
  • First Offense Alcohol Fine
  • Alcohol Education Class
  • Educational Sanction(s)

 

Second Offense:

  • 18 month Disciplinary Probation
  • Alcohol Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction

 

17. Alcohol

 

A3. Distribution of alcohol by individual under legal age

 

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Residence Hall Eviction if appropriate
  • Banned from Entry

 

 

 

17. Alcohol

 

B. Public Intoxication

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 1 year Disciplinary Probation
  • First Offense Alcohol Fine
  • Alcohol Education Class
  • Educational Sanction(s)

 

Second Offense:

  • 18 month Disciplinary Probation
  • Alcohol Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction

 

17. Alcohol

 

C. Excessive Consumption

 

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 1 year Disciplinary Probation
  • First Offense Alcohol Fine
  • Alcohol Education Class
  • Educational Sanction(s)

 

Second Offense:

  • 18 month Disciplinary Probation
  • Alcohol Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction

 

17. Alcohol

 

D. Alcohol in common area of residence halls/apartment areas

 

 

 

Aggravating Factors Include:

  • Amount of alcohol
  • Level of disruption to the community

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 6 month – 1 year Disciplinary Probation
  • First Offense Alcohol Fine
  • Alcohol Education Class if Appropriate
  • Educational Sanction(s)

 

Second Offense:

  • 1 year Disciplinary Probation
  • Second Offense Alcohol Fine
  • Alcohol Education Class if Appropriate
  • Educational Sanction(s)

 

 

 

 

17. Alcohol

 

E1. Possession of alcohol in room of individual under legal age

 

 

In most cases, this charge applies to individuals 21 years of age or older.

First Offense:

  • 6 months Disciplinary Probation
  • First Offense Alcohol Fine
  • Alcohol Education Class if Appropriate
  • Educational Sanction(s)

 

Second Offense:

  • 1 year Disciplinary Probation
  • Second Offense Alcohol Fine
  • Alcohol Education Class if Appropriate
  • Educational Sanction(s)

 

 

17. Alcohol

 

E2. Consumption of alcohol in room of individual under legal age

 

In most cases, this charge applies to individuals 21 years of age or older.

First Offense:

  • 6 months Disciplinary Probation
  • First Offense Alcohol Fine
  • Alcohol Education Class if Appropriate
  • Educational Sanction(s)

 

Second Offense:

  • 1 year Disciplinary Probation
  • Second Offense Alcohol Fine
  • Alcohol Education Class if Appropriate
  • Educational Sanction(s)

 

 

17. Alcohol

 

F. Providing underage people with alcohol

 

 

In most cases, this charge applies to individuals 21 years of age or older.

First Offense:

  • 1 year Disciplinary Probation
  • Alcohol Education Class if Appropriate
  • Educational Sanction(s)
  • Loss of Privileges
  • Banned from Entry
  • Residence Hall Eviction if appropriate

 

17. Alcohol

 

G. Hosting a gathering where prohibited drinking has occurred/common sources

 

  • 2 servings or less of alcohol per person present
  • Fewer individuals than fire code
  • No signs of intoxication
  • No other evidence of high risk drinking or behavior

 

Serving Sizes:

1 – 12 oz serving of beer

1 - 5 oz serving of wine

1 –  1.5oz serving of liquor (1 standard shot glass)

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 1 year Disciplinary Probation
  • Alcohol Education Class
  • First Offense Alcohol Fine
  • Loss of Privileges
  • Residence Hall Eviction if Appropriate

 

Second Offense:

  • 18 month Disciplinary Probation
  • Alcohol Educational Class
  • Educational Sanction
  • Residence Hall Eviction

 

17. Alcohol

 

G. Hosting a gathering where prohibited drinking has occurred/common sources

 

Aggravated Hosting

Aggravating Factors Include:

  • Level of disruption to the community
  • More than 2 servings of alcohol per person present
  • More people than fire code
  • Signs of intoxication
  • Indicators of high risk drinking and behavior including but not limited to drinking games (including set ups with water) and funnels

 

Residence Hall Eviction can occur with one or any combination of these aggravated factors

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 1 year Disciplinary Probation
  • Alcohol Educational Class
  • Educational Sanction(s)
  • Residence Hall Eviction

 

Second Offense:

  • 2 year Disciplinary Probation
  • Alcohol Educational Class
  • Educational Sanction(s)
  • Residence Hall Expulsion

 

17. Alcohol

 

H. Under the influence of alcohol resulting in injury/illness

 

Aggravating Factors Include:

Level of disruption

 

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

  • 1-2 years Disciplinary Probation
  • First Offense Alcohol Fine
  • Alcohol Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction if appropriate

 

Second Offense:

  • 18 months Disciplinary Probation-probation until graduation
  • Alcohol Education Class
  • Educational Sanction(s)
  • Residence Hall Eviction

 

 

17. Alcohol

 

I. Violation of UNH alcohol policy

 

University sponsored events

 

Note: Violation will result in parental notification in accordance with FERPA (see page 3 of document).

First Offense:

Consult with the Office of Community Standards

 

 

 

 

 

 

 

Rule 18: Guest Responsibility

Typical Behavior

Typical Sanctions

18. Guest Responsibility

 

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 “guests” 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

 

Aggravating Factors Include:

  • Level of disruption to individual or community
  • How the violation occurred

First Offense:

  • Warning
  • Restitution if Appropriate

 

Second Offense:

  • Educational Sanction
  • Loss of Privileges
  • Restitution if Appropriate

 

Third Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction
  • Restitution if Appropriate

 

 

Rule 19: Firearms/Explosives

Typical Behavior

Typical Sanctions

19. Firearms/Explosives

 

Illegal or unauthorized possession, or use of firearms, explosives, fireworks, other weapons, or dangerous chemicals. See USNH Online Policy Manual (OLPM) UNH.111.J.1-5

 

First Offense:

  • 2 years Disciplinary Probation – University Dismissal
  • Educational Sanction(s)
  • Restitution if appropriate
  • Residence Hall Eviction if appropriate
  • Loss of Privileges
  • Banned from Entry if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Banned from Entry if appropriate
  • Loss of Privileges
  • Residence Hall Eviction/Expulsion if appropriate

 

Second Offense:

  • University Dismissal

 

Rule 20: Campus Demonstrations

Typical Behavior

Typical Sanctions

20. Campus Demonstrations

 

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 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

First Offense:

  • Disciplinary Probation-  University Suspension
  • Educational Sanction(s)
  • If inciting; Suspension - Dismissal

 

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until Graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration

 

 

 

*** See last page of document for typical sanctions associated with mass gathering violations

 

 

Rule 21: Unacceptable Conduct

Typical Behavior

Typical Sanctions

21. Unacceptable Conduct:

 

A. Disorderly

 

Any behavior that tends to disturb the public peace or decorum, scandalize the community, or shock the public sense of morality

 

Aggravating Factors:

  • Nature of the incident
  • Level of disruption to individual or community
  • Level of intent

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate

 

 

 

 

*** See last page of document for typical sanctions associated with mass gathering violations

 

21. Unacceptable Conduct

 

B. Lewd

 

Conduct and behavior which is lewd includes but is not limited to: public or unwanted nudity, urination and defecation in areas other than toilets and urinals, sexual activity in public areas, uninvited or unwelcome voice or written messages to others which are considered lewd or indecent by the receiver

 

Aggravating Factors:

  • Nature of the incident
  • Level of disruption to individual or community
  • Level of intent

First Offense:

  • Warning – 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Banned from Entry if appropriate
  • Restitution if appropriate
  • Residence Hall Eviction if appropriate

 

 

21. Unacceptable Conduct

 

C. Obscene

 

Extremely offensive under contemporary community standards or morality and decency; gross repugnant to the generally accepted notions of what is appropriate

 

Aggravating Factors:

  • Nature of the incident
  • Level of disruption to individual or community
  • Level of intent

First Offense:

Contact OCS

 

 

21. Unacceptable Conduct

 

D. Breach of Peace

 

The criminal offense of creating a public disturbance or engaging in disorderly conduct, particularly by making an unnecessary or distracting noise

 

Aggravating Factors:

  • Nature of the incident
  • Level of disruption to individual or community
  • Level of intent

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)
  • Banned from Entry if appropriate
  • Loss of Privileges if appropriate
  • Residence Hall Eviction if appropriate

 

 

21. Unacceptable Conduct

 

E. 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

First Offense:

  • 1 year Disciplinary Probation – University Suspension
  • Educational Sanction(s)
  • Loss of Privileges if appropriate
  • Banned from Entry if appropriate

 

If University Suspension, upon return:

  • Require Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Loss of Privileges if appropriate
  • Banned from Entry if appropriate

 

 

Rule 22: Computer Violations

Typical Behavior

Typical Sanctions

22. Theft or abuse of computer time

 

A. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.

First Offense:

  • 1 year Disciplinary Probation - Dismissal
  • Educational Sanction
  • Loss of Privileges

22. Computer Violations

 

B. Unauthorized file transfer

First Offense:

  • 1 year Disciplinary Probation - Dismissal
  • Educational Sanction
  • Loss of Privileges

 

 

22. Computer Violations

 

C. Unauthorized use of another individual’s identification and password

First Offense:

  • 1 year Disciplinary Probation - Dismissal
  • Educational Sanction(s)
  • Prohibition Against Personal Contact if appropriate
  • Relocation if appropriate
  • Loss of Privilege

 

22. Computer Violations

 

D. Use of computer and/or computing facilities to interfere with the work of another student, faculty member of University Official.

First Offense:

  • 1 Year Disciplinary Probation – Dismissal
  • Educational Sanction(s)
  • Loss of Privileges
  • Prohibition Against Personal Contact if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Loss of Privileges
  • Prohibition Against Personal Contact if appropriate

 

 

 

22. Computer Violations

 

E. Use of University computer facilities and/or computing technology to send or post obscene, harassing, or abusive messages

First Offense:

  • Disciplinary Probation until graduation – University Dismissal
  • Educational Sanction(s)
  • Loss of Privileges
  • Prohibition Against Personal Contact if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Loss of Privileges
  • Prohibition Against Personal Contact if appropriate

 

 

 

22. Computer Violations

 

F. Use of computer and/or computing facilities to interfere with normal operations of the University computing system

First Offense:

  • Disciplinary Probation until graduation – University Dismissal
  • Educational Sanction(s)
  • Loss of Privileges

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Loss of Privileges

 

 

 

 

Rule 23: Abuse of Conduct System

Typical Behaviors

Typical Sanctions

23. Abuse of the Conduct System

 

A. Failure to obey the summons of a University official who has responsibility for any aspect of the conduct system

First Offense:

  • 1 year Disciplinary Probation
  • Educational Sanction(s)

 

 

23. Abuse of Conduct System

 

B. Falsification, distortion, or misrepresentation of information before a Hearing Board or University Hearing Officer

First Offense:

  • 1 year Disciplinary Probation – University Suspension
  • Educational Sanction(s)

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration

 

 

23. Abuse of Conduct System

 

C. Disruption or interference with the orderly conduct of a conduct proceeding

 

Aggravating Factors:

  • Level of disruption to individual or community

 

First Offense:

  • 1 year Disciplinary Probation – University Suspension
  • Educational Sanction(s)

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration

 

23. Abuse of Conduct System

 

D. Instituting a student conduct proceeding knowingly without cause

First Offense:

  • Disciplinary Probation until graduation – University Dismissal
  • Educational Sanction(s)

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)

 

 

23. Abuse of Conduct System

 

E. Attempting to discourage an individual’s proper participation in, or use of, the conduct system

First Offense:

  • Disciplinary Probation Until Graduation – Dismissal
  • Educational Sanction(s)
  • Prohibition Against Personal Contact if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration

 

23. Abuse of Conduct 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

First Offense:

  • Disciplinary Probation Until Graduation – Dismissal
  • Educational Sanction(s)

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration

 

23. Abuse of Conduct System

 

G. Harassment (verbal or physical) and/or intimidation of a member of a judicial system prior to, during, and/or after a judicial proceeding.

First Offense:

  • Disciplinary Probation Until Graduation – Dismissal
  • Educational Sanction(s)
  • Prohibition Against Personal Contact if appropriate
  • Banned from Entry if appropriate
  • Relocation/Eviction if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration

 

 

23. Abuse of Conduct System

 

H. Failure to comply with the sanction(s) imposed under the Student Code of Conduct

 

Aggravating Factor:

If OCS lifts a student account hold so that a student may register for classes or obtain a transcript, with the agreement that sanctions will be completed, and the student continues to fail to complete sanctions, one semester suspension will be imposed.

First Offense:

  • $25 Fine
  • Requirement to complete original sanction to standards established by OCS

 

 

 

23. Abuse of Conduct System

 

I. Influencing or attempting to influence another person to commit an abuse of the conduct system

First Offense:

  • Disciplinary Probation Until Graduation – Dismissal
  • Educational Sanction(s)
  • Prohibition Against Personal Contact if appropriate
  • Banned from Entry if appropriate

 

 

 

Rule 24: Assisting in Code Violations

Typical Behavior

Typical Sanction

24. Assisting in Code Violations

 

Knowingly assisting in the violation of any of the provisions of this code

 

 

 

 

First Offense:

  • 1 year Disciplinary Probation – 2 year University Suspension
  • Educational Sanction(s)
  • Loss of Privileges if appropriate
  • Prohibition Against Personal Contact if appropriate
  • Banned from Entry if appropriate
  • Residence Hall Eviction if appropriate
  • Restitution if appropriate

 

If University Suspension, upon return:

  • Required Interview
  • Disciplinary Probation until graduation
  • Educational Sanction(s)
  • Additional Follow Up Meetings with OCS Administration
  • Residence Hall Eviction if appropriate
  • Loss of Privileges if appropriate
  • Prohibition Against Personal Contact if appropriate
  • Banned from Entry if appropriate
  • Restitution if appropriate

 

Rule 25: Criminal Convictions

Typical Behavior

Typical Sanctions

25. Criminal Convictions

 

Criminal convictions of or violations of local, state, or federal laws otherwise not covered under this Code.

 

First Offense:

Consult with the Office of Community Standards

 

 

 

 

 

 

 

 

 

Mass Gatherings

Mass gatherings by University of New Hampshire students are taken very seriously.  These gatherings have a tremendous potential for harm to students, law enforcement officials, and the community at large.  Students and University Officials have been injured in past gatherings. The University, Durham community members, and store owners have suffered huge losses in property damage in past gatherings. 

Because of this, the University has taken great lengths on working with and educating students on the consequences of participating in a gathering which are outlined below.

If, during a mass gathering, a student fails to comply with the lawful order to disperse issued by a police officer or University official acting in the performance of their duties and are arrested for failure to disperse, disorderly conduct, resisting arrest, riot, vandalism, or assault, that student will be immediately interim suspended and banned from campus until the adjudication of their formal disciplinary hearing.

In order to promote the uniform disposition of these cases, for those students who were interim suspended, where the facts support a violation of policy by a preponderance of evidence, the following are the range of sanctions to be considered by hearing board and imposed by hearing officers: 

  • One Semester - One Year Suspension:  Failure to disperse/disorderly conduct at an unruly disturbance.
  • One - Two Year Suspension:  Failure to disperse/disorderly conduct along with resisting arrest and/or rioting.
  • Two Year Suspension - Dismissal:  Failure to disperse/disorderly conduct along with resisting arrest and/or rioting with the addition of vandalism and/or assault.

Important to Note: 

  • Disorderly conduct may be elevated beyond a one year suspension up to a dismissal based on the facts.
  • Resisting arrest and/or Rioting may be elevated beyond a two year suspension up to a dismissal based on the facts.
  • Students who are suspended or dismissed are also banned from all campus property.  For suspended students it is for the length of the suspension.

 

 

ACADEMIC STANDARDS AND ADVISING COMMITTEE (ASAC) and SUSPENSIONS

It is important to note that the Associate Deans of each respective College within the University may become involved in a student’s conduct record.  As outlined in the Students’ Rights Rules and Responsibilities, if a student is involved in a combination of multiple conduct violations and/or arrests the Associate Dean of their college may bring formal conduct charges forward and recommend a semester suspension from the University.  While suspension is a punitive sanction, this is not intended to be punitive in nature.  The intent of this policy is to help a student address whatever issues they may have in their life and assess what is and is not important to them through time away from UNH.  It is the University’s desire that the student returns to UNH with an appropriate academic and social focus so they graduate from UNH.

 

 

 

 

 

Definition of Sanctions

A. Warning – A notice in writing to the student that the student is violating or has violated institutional regulations

B. Disciplinary Probation – A written reprimand for violation of specified regulations. Probation is for a designated period of time (6 months, 1 year, 18 months, 2 years, until graduation) and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulation(s) during the probationary period. Probation can also impact your ability to participate in university programs, study away and university scholarships.

C. Loss of Privileges – Denial of specified privileges for a designated period of time, including but not limited to, participation in University athletics, membership in recognized student organizations, and use of specified University facilities

(1) Banned from Entry – Prohibited presence in specific buildings or group of buildings on campus (including residence halls) for a definite period of time. Time period must be specified.

(2) Prohibition Against Personal Contact – Prohibited contact or presence near a specific person for a definite period of time. Time period must be specified.

D. Fines – Previously established and published fines may be imposed. For more information on fines, please visit the Office of Community Standards Website: www.unh.edu/ocs

E. Restitution – Compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.

F. Discretionary Sanctions – Generally educational in nature. Sanction possibilities include, but are not limited to, reflection papers, Ethics, Anger Management, or Alcohol/Drug Awareness Classes, service to the University, or other related discretionary assignments (such assignments must have the prior approval of the Director of the Office of Community Standards).

G. Residence Hall Eviction – Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

H. Deferred Residence Hall Eviction – Separation of the student from the residence halls for a definite period of time, after which the student in eligible to return. Eviction will commence the semester immediately following the conclusion of the conduct process.

I. Residence Hall Expulsion – Permanent separation of the student from the residence halls.

J. University Suspension – Separation of the student from the University for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified. Students are banned from campus for the duration of their suspension. Readmission to the University requires application and acceptance through the Office of Admissions. A student ineligible to register for or attend classes at any one USNH institution because of suspension entered upon a finding(s) of responsibility for violation(s) of the institution’s Student Code of Conduct shall be ineligible to register for or attend classes at any other USNH institution during the entire period of suspension.

K. Deferred University Suspension – Separation of the student from the University for a definite period of time after which the student is eligible to return. Suspension will commence the semester immediately following the conclusion of the conduct process.

L. University Dismissal – Permanent separation of the student from the University. Students may conduct administrative business on campus with prior notice to the University Police. A student ineligible to register for or attend classes at any one USNH institution because of permanent dismissal entered upon a finding(s) of responsibility for violation(s) of the institution’s Student Code of Conduct shall be ineligible to register for or attend classes at any other USNH institution for a period of two (2) years following the date on which the student was permanently dismissed.

 

Disclaimer:

While our intent with this document is to be as transparent as we possibly can be, in no way does this document bind, constrain, or restrict the Office of Community Standards to any sanction(s) outcome indicated in this document.  

 

Acknowledgements and Contributors

The University of New Hampshire’s Office of Community Standards would like to acknowledge Binghamtom University for providing us a model of this document.

Contributors to the development of this document are Stephen Nelson, James McKane and Jacki Vandergon