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Student Rights, Rules,
and Responsibilities
Table of Contents
Declaration of Student Rights and Rules
The Student Code of Conduct and Judicial Process
Article I: Definitions
Article II: Judicial Authority
Article III: Proscribed Conduct
A. Jurisdiction of the University
B. Violation of Law and University
Discipline
C. Conduct Rules and Regulations
Article IV: Judicial Policies and Administrative Procedures
A. Informal Action
B. Charges
C. Formal Hearing Guidelines
D. Sanctions
E. Appeals
F. Interim Suspension
G. Rights of All Parties in the
Judicial Process
Article V: Discriminatory Harassment Procedures
Article VI: Interpretation and Revision
Student
Rights, Rules and Responsibilities
Declaration
of Student Rights and Rules
Preamble
Universities are dedicated to the promotion of learning and scholarship.
To achieve that purpose, they are obliged to provide the conditions in
which such learning can take place. This obligation carries with it certain
rights of the universities to protect and preserve themselves in order
that they may continue to provide the appropriate environment. Thus, a
proper condition for individual learning is one in which the rights of
universities themselves, as well as the rights of the individual members
thereof, are recognized and balanced.
Within that framework, these declarations are made for all students1 at
the University of New Hampshire.
Right
to pursue learning and right of expression
The rights of the individual to pursue learning and to express his or
her views responsibly are of paramount importance in an academic environment.
Right
to participate in University governance
Students have the right to participate in the institutional governance
and policy formation as defined by the appropriate governing body.
Right
to assemble and associate
Students may organize and assemble to pursue their common interests, subject
to the guidelines established through the University governance structure.
Right
to due process
Students are guaranteed the right of fair hearing and appeal in all matters
of judgment of academic performance and personal conduct. See Code of
Conduct for exception on appeal of informal action.
Right
of confidentiality of student records
Student records are maintained in the University, and the right of access
to these records is provided to the student or other individuals according
to the guarantees and limitations specified in the federal government's
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232 g).
By University policy, no records shall be kept that reflect political
or ideological beliefs or associations. (Please refer to Appendix A, page
68.)
Rights
and responsibilities under the law
Individual rights under the United States Constitution shall not be abridged
by the University.
Responsibility
for standards of conduct
Students shall accept the responsibility of adhering to standards of conduct
as established through the University governance structure.
Academic
responsibilities
Each student shall be responsible for meeting the academic standards established
for the course of study in which she or he is enrolled, and these standards
shall be the only basis for evaluating the student's academic performance.
Room
and Board Agreement
Students shall be responsible for knowing and adhering to the terms and
conditions set forth in the University Room and Board Agreement as published
in Student Rights, Rules, and Responsibilities.
1 Procedures
governing student grievances can be found in section 28, page 64. These
declarations also apply to graduate students. Regulations concerning the
admission and academic standing of graduate students may be found in the
graduate catalog. Regulations concerning the library, financial policies,
and health services apply equally to graduate and undergraduate students.
Regulations concerning student conduct, organization, and housing also
apply to graduate students unless specifically excluded within the policy.
The administration of regulations concerning graduate student conduct,
organization, and housing lies with the dean of the Graduate School. The
dean of the Graduate School reserves the right to refer cases involving
graduate student misconduct to the Vice President for Student and Academic
Services Office for the purpose of a hearing.
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The Student Code of Conduct and Judicial
Process
Preface
Community standards of behavior are intended to preserve and protect the
University's educational mission of teaching, research, and public service,
as well as promote every student's academic achievement and personal development.
To attain these aspirations, students must live, work, and learn in an
environment of civility and respect where both rights and responsibilities
are deeply valued and highly cherished. For the University community to
thrive, the rules of conduct under which we operate must be clear and
understood by our members. The Student Code of Conduct attempts to codify
and explain our standards of behavior and responsibility, as well as the
rights and remedies accorded to all members of our community.
Article
I: Definitions
| 1.
|
The
term "University" means The University of New Hampshire
(UNH). |
| 2.
|
The
term "student" includes all persons taking courses at UNH,
both full-time and part-time, pursuing undergraduate or graduate studies,
those enrolled in the Division of Continuing Education, and those
who live in campus residence halls. Persons who are not officially
enrolled for a particular term but who have a continuing relationship
with the University are considered "students." |
| 3.
|
The
term "faculty member" means any person hired by the University
to conduct classroom activities. |
| 4. |
The
term "University official" includes any person employed
by UNH, performing assigned administrative or professional responsibilities. |
| 5. |
The
term "member of the University community" includes any person
who is a student, faculty member, University official or any other
person employed by the University. A person's status in a particular
situation shall be determined by the Vice President for Student and
Academic Services. |
| 6. |
The
term "University premises" includes all land, buildings,
facilities, and other property in the possession of or owned, used,
or controlled by UNH, including adjacent streets and sidewalks. |
| 7. |
The
term "organization" means any number of persons who have
complied with the formal requirements for University recognition. |
| 8. |
The
term "Judicial Board," hereinafter "Hearing Board,"
refers to a group of persons designated by the Vice President for
Student and Academic Services to determine whether a student has violated
the Student Code of Conduct and, if so, recommend sanctions. |
| 9. |
The
term "University Judicial Officer," hereinafter "Hearing
Officer," means a University official designated by the Vice
President for Student and Academic Services to determine whether a
student has violated the Student Code of Conduct and impose sanctions. |
| 10. |
The
term "Appellate Board" or "Appellate Officer"
means any persons or person authorized by the Vice President for Student
and Academic Services to consider an appeal from a Hearing Officer's
or Hearing Board's determination that a student has violated the Student
Code of Conduct or from the sanctions imposed. |
| 11. |
The
term "Complainant" means any University community member
who submits a charge alleging that a student violated the Code of
Conduct. |
| 12. |
The
term "Respondent" means any student accused of violating
the Code of Conduct. |
| 13. |
Witnesses
- A witness is a person who has personal knowledge of the incident
in question. Character witness testimony is considered irrelevant
and will not be permitted. |
| 14. |
The
term "shall" is used in the imperative sense. |
| 15. |
The
term "may" is used in the permissive sense. |
| 16. |
The
Vice President for Student and Academic Services is that person designated
by the University President to be responsible for the administration
of the Student Code of Conduct. |
| 17. |
The
term "policy" is defined as the written regulations of the
University as found in, but not limited to, the Student Rights, Rules,
and Responsibilities publication, the University Room and Board Agreement,
and the Graduate/Undergraduate Catalogs. |
| 18. |
The
term "cheating" includes, but is not limited to: (1) use
of any unauthorized assistance in taking quizzes, tests, or examinations;
(2) dependence upon the aid of sources beyond those authorized by
the instructor in writing papers, preparing reports, solving problems,
or carrying out other assignments; or (3) the acquisition, without
permission, of tests or other academic material belonging to a member
of the University faculty or staff. |
| 19. |
The
term "plagiarism" includes, but is not limited to, the
use, by paraphrase or direct quotation, of the published or unpublished
work of another person without full and clear acknowledgement. It
also includes the unacknowledged use of materials prepared by another
person or agency engaged in the selling of term papers or other
academic materials.
|
| 20. |
The
term "aggravating factor" is defined as a circumstance(s)
attending the commission of misconduct that adds to its seriousness.
Examples may include, but are not limited to, violence, violation
of a trust or duty, premeditation of a violation, use of force, or
a previous conduct violation. |
| 21. |
The
term "mitigating factor" is defined 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. |
| 22. |
The
term "hosting" is defined as having a gathering consisting
of one or more individuals who are not the assigned residents of a
University Housing residence hall room or apartment where the gathering
is occurring. |
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Article
II: Judicial Authority
| 1. |
The
Director of Judicial and Mediation Programs shall determine the composition
of Hearing Boards and Appellate Boards. |
| 2. |
The
Director of Judicial and Mediation Programs and the Senior Assistant
Vice President for Student and Academic Services, shall develop policies
for the administration of the University student judicial system and
procedural rules for the conduct of hearings. Policies and procedures
shall be approved by the Vice President for Student and Academic Services
after consultation with appropriate faculty, students, and staff. |
| 3. |
Written
decisions made by a Hearing Board and/or a Hearing Officer shall be
final, pending the normal appeal process. |
| 4. |
A
Hearing Board may be designated as an arbiter of disputes within the
student community in cases which do not involve a violation of the
Student Code of Conduct. All parties must agree to arbitration, and
are bound by the decision with no right of appeal. |
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Article
III: Proscribed Conduct
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.
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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 Judicial System is an administrative process. It is not
a criminal law process, nor is it intended to resemble one. The University
Judicial System is not required to observe formal rules of evidence
and may exclude unduly repetitious or immaterial information. |
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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, inlcuding, but not limited to the following: |
| |
a. |
Cheating,
plagiarism, or other forms of academic dishonesty. |
| |
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 on an 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 19, and pages 70-74
in the Appendix.) The breakdown follows:
|
| |
a. |
Use
of narcotic or other controlled substances |
| |
b. |
Possession
of narcotic or other controlled substances |
| |
c. |
Distribution
of narcotic or other controlled substances |
| |
d. |
Manufacturing
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 19, and pages 70-74 in the Appendix.) |
| 13. |
Guest
responsibility means 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 Judicial System, including but not limited to: |
| |
a. |
Failure
to obey the summons of a University official who has responsibility
for any aspect of the judicial 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 judicial proceeding. |
| |
d. |
Institution
of a student judicial 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 judicial 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
judicial system. |
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Article
IV: Judicial Policies and Administrative Procedures
A. Informal Action
| 1.
|
In
some cases of student misconduct, a disciplinary hearing may not be
necessary. This is most often true when the student admits responsibility
and a violation is of a less serious nature. In this case, the student
might receive a written notice of a conduct violation from a Hall
Director, the University Police, or other faculty or staff member.
The notice will contain information about the alleged violation; including
date, location, and nature of the incident. The student may choose
to resolve the matter at this level by accepting responsibility and
prescribed sanctions. If the student wishes to discuss the incident
and prescribed sanctions with the person who prepared the notice of
conduct violation, s/he must contact that person within 48 hours of
receiving the notice. A meeting will be held to finalize facts around
the incident and sanctions. Following that meeting, the person who
prepared the written notice of violation will decide the appropriate
resolution of the complaint. Decisions made in the meeting are
final. In the event that the complainant is the first hand observer
of the incident, and a meeting is requested, then an alternate staff
member will conduct the meeting. A summary of the resolution will
be filed in the Judicial and Mediation Programs Office The written
agreement becomes part of the respondent student's disciplinary file.
|
| |
a. |
The
written notice of a conduct violation shall include a section that
provides the student with the opportunity to resolve the incident
informally by accepting responsibility and prescribed sanctions. If
the student chooses not to return the completed form within 48 hours,
then resolution of the case becomes final. |
| |
b.
|
The
Informal Meeting is an opportunity for the respondent to discuss the
allegations of misconduct with the complainant, which may be a Residence
Hall Director, UNH Police Officer, or other University professional
staff member, or University student. During the Informal Meeting,
the respondent will be invited to discuss and review information contained
in the incident report, and will be encouraged to ask questions concerning
all charges against him or her, as well as the available options for
resolution within the UNH student judicial system. |
| |
c. |
It
is possible for allegations of misconduct to be resolved in this manner,
if the student admits responsibility for violating the Student Code
of Conduct, there is no prior misconduct, and the violation(s) does
not contain any of the conditions that would define it as a serious
violation. |
| |
d. |
If
an agreement is reached at the Informal Meeting, it will be summarized
in a written formal agreement containing the violation(s) of the Student
Code of Conduct for which the respondent has accepted responsibility,
and the agreed upon sanctions. This written agreement becomes part
of the student's disciplinary file that is maintained in the Office
of Judicial and Mediation Programs. |
| 2. |
In
cases involving serious violations of the Student Code of Conduct,
or in the event that there is a record of prior misconduct, the respondent
shall have a hearing to determine responsibility for the charges and
impose the appropriate sanctions. For potential eviction cases responsibility
and sanctions shall be decided by a Hearing Officer only. For violations
that could result in suspension or dismissal the student may ask for
a hearing before a Hearing Officer or Hearing Board. A serious violation
is defined 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,
or sexual orientation. |
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B.
Charges
| 1.
|
Any
member of the University community may file charges against any student
for misconduct. Charges shall be prepared in writing and directed
to the Director of Judicial and Mediation Programs, who is responsible
for the administration of the University judicial system. Any charge
shall be submitted no later than twelve (12) months after the occurrence
of the alleged incident and the discovery of the identity of the student(s)
involved. Complainants are encouraged to file charges as soon as possible
after the alleged incident to ensure witness and evidence availability.
If a student has withdrawn or withdraws after the filing of such charges,
either (1) a "hold" will be placed on the student's academic
record and the student notified that disciplinary action may be initiated
upon the student's application for readmission, or (2) the University
may proceed to resolve the disciplinary action. |
| 2. |
The
Director of Judicial and Mediation Programs may conduct an investigation
to determine if the charges have merit and/or if they can be disposed
of administratively by mutual consent of the parties involved on a
basis acceptable to the Director of Judicial and Mediation Programs.
Such disposition shall be final and there shall be no subsequent proceedings.
If the charges cannot be disposed of by mutual consent, a formal judicial
hearing shall be scheduled and the Director of Judicial and Mediation
Programs may later serve in the role of procedural advisor at the
formal judicial hearing. The respondent may elect to have the case
heard by a Hearing Board if a sanction of suspension or dismissal
is a possibility. All other cases will be heard before a Hearing Officer. |
| 3. |
Pending
Student Disciplinary Charge: A student ineligible to register for
or attend classes at any one USNH institution because of a pending
student disciplinary charge shall be ineligible to register for or
attend classes at any other USNH institution for as long as the charge
remains pending. |
| 4. |
Members
of a recognized student organization may be charged as an organization
and/or individually with violation(s) of the Student Code of Conduct.
Guidelines
for Charging Student Organizations:
|
| |
a.
|
One
or more officers or authorized representatives acting in the scope
of their capacities, commit the violation. |
| |
b. |
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. |
| |
c.
|
The
violation is committed at an activity funded by the organization. |
| |
d.
|
The
violation occurs as a result of an event sponsored by the organization. |
| |
e. |
One
or more members of an organization or its officers permit, encourage,
aid or assist in committing a violation. |
| |
f.
|
Members
of an organization fail to report to appropriate University authorities
knowledge or information about a violation. |
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C.
Formal Hearing Guidelines
| 1. |
The
Judicial and Mediation Programs Office shall present all charges to
the respondent in written form and the notice shall include the hearing
date, time, and place. The respondent and complainant (if a student)
may request in writing the names of Hearing Board members, or Hearing
Officer. A time shall be set for a hearing, not less than (3) nor
more than fifteen (15) calendar days after the student has been notified
of the hearing date by the Judicial and Mediation Programs Office.
The respondent may waive the 3-day notice. Maximum time limits for
scheduling of hearings may be extended at the discretion of the Director
of Judicial and Mediation Programs. |
| 2.
|
Adjudicatory
Standard - The Hearing Officer/ Hearing Board will determine whether
the respondent is "responsible" or "not responsible"
for the alleged violation(s). The respondent will be presumed "not
responsible" until determined otherwise by a preponderance of
evidence. A preponderance of evidence is reached when the Hearing
Officer/Hearing Board determines that it is more likely than not that
the respondent violated the Student Code of Conduct as alleged in
the charges. |
| 3. |
Hearings
shall be conducted by a Hearing Officer or Hearing Board according
to the following guidelines: |
| |
a. |
Hearings
normally shall be conducted in private. At the written request of
either the respondent or the complainant, if s/he is a student, and
subject to the discretion of the Hearing Board, Hearing Officer, or
Procedural Advisor, specified others may be present. |
| |
b. |
Admission
of any person to the hearing shall be at the discretion of the Hearing
Board, Hearing Officer, or Procedural Advisor. |
| |
c. |
In
hearings involving more than one respondent, the Hearing Board Chairperson,
or Hearing Officer, at his or her discretion, may permit the hearings
concerning each student to be conducted separately. |
| |
d. |
When
the complainant and/or the respondent are students, they have the
right to be assisted by a student advisor. The complainant and/or
the respondent are responsible for presenting their own cases. The
primary role of a student advisor, who is a volunteer trained by the
Judicial and Mediation Programs Office, is to offer guidance to respondents
(and complainants if they are students) before, during, and after
a formal hearing. The student advisor does not represent a respondent
at any point during the student judicial process. When criminal charges
are pending or have the potential to be pending, the respondent may
have an attorney present. The attorney may not participate in the
hearing. |
| |
e. |
The
complainant, the respondent and/or the Hearing Board or Hearing Officer
shall have the privilege of presenting witnesses, subject to the right
of cross examination by the Hearing Board or Hearing Officer. |
| |
f.
|
Pertinent
records, exhibits, and written statements may be accepted as evidence
for consideration at the discretion of the Hearing Officer or Hearing
Board Chairperson. |
| |
g. |
All
procedural questions are subject to the final decision of the Hearing
Officer or Hearing Board Chairperson. |
| |
h. |
If
a student chooses not to attend a hearing he/she will held accountable
for any decision made by the Hearing Officer or Hearing Board, if
applicable, who will determine responsibility and assign sanctions.
|
| |
i. |
The
Hearing Board shall determine, by majority vote if the Hearing Board
consists of more than one person, whether the student has violated
each section of the Student Code of Conduct with which the student
is charged. A tie vote results in a finding of "not responsible"
for the charge(s) in question. The Hearing Board may also recommend
sanctions according to the procedures discussed in section D. |
| |
j.
|
In
cases where a separation sanction of suspension or dismissal from
the University may be a likely outcome, students have the right to
choose a Hearing Board to resolve the charges. In all other cases,
students will have a Hearing Officer determine responsibility and
sanctions for the charges. |
| |
k. |
Hearings
occurring at the end of an academic semester, including, but not limited
to reading days and final exams, and during the summer and over winter
break, shall be assigned to a Hearing Officer. |
| |
l.
|
The
hearing body that the student originally selects on the Summary of
Informal Meeting Form will remain the same type of hearing body should
a new hearing be scheduled. |
| 4.
|
There
shall be a single verbatim record, such as a tape recording, of all
hearings before a Hearing Board or Hearing Officer. The record shall
be the property of the University. |
| 5.
|
Except
in the case of a student charged with failing to obey the directions
of a Hearing Board, Hearing Officer, or University official, no respondent
may be found to have violated the Student Code of Conduct solely because
the student failed to appear before a judicial body. In all cases,
the evidence in support of the charges shall be presented and considered. |
| 6. |
If
a respondent is found not responsible for a violation of the Student
Code of Conduct, and the finding is upheld by and Appellate Board
or Apellate Officer, the student may not be charged again for the
same violation arising from the same incident unless there is new
evidence. |
| 7.
|
If
the respondent is a graduate student, the Hearing Board or Hearing
Officer and/or Appellate Board or Apellate Officer will include a
student from the Graduate School. |
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D. Sanctions
In recommending and determining sanctions, a Hearing Board or Hearing
Officer may consider the student's present demeanor and past disciplinary
record, the nature of the offense, the severity of any damage, injury,
or harm resulting therefrom, and other factors. The University has special
concern for incidents in which persons are subject to harassment because
of their race, religion, gender, or sexual orientation. More severe sanctions
are appropriate for such conduct.
| 1.
|
The
following sanctions may be imposed upon any student found to have
violated the Student Code of Conduct: |
| |
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 and includes the probability
of more severe disciplinary sanctions if the student is found to be
violating any institutional regulations(s) during the probationary
period. |
| |
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. Please
visit the alcohol and drug fines page on this website for more information
on fines. |
| |
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 - Reflection papers, Ethics, Anger Management, Alcohol/Drug
Awareness Classes, service to the University or other related discretionary
assignments (such assignments must have the prior approval of the
Director of Judicial and Mediation Programs). |
| |
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. |
Residence
Hall Expulsion - Permanent separation of the student from the residence
halls. |
| |
i. |
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.
|
| |
j.
|
University
Dismissal - Permanent separation of the student from the University.
Students may conduct administrative business on campus with prior
notice to 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. |
| 2. |
More
than one of the sanctions listed above may be imposed for any single
violation. |
| 3. |
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. |
| 4. |
Other
than University dismissal, disciplinary sanctions shall not be made
part of the student's permanent academic record, but shall become
part of the student's confidential record. Disciplinary records may
be voided by the Director of Judicial and Mediation Programs for good
cause, upon written petition of respondents. Factors to include: a.
the present demeanor of the petitioner, b. the conduct subsequent
to the violations, c. nature of the violation and the severity of
any damage, injury, or harm resulting from it. Cases involving the
imposition of sanctions other than residence-hall expulsion, University
suspension or University dismissal shall be expunged from the student's
confidential record three years after final disposition of the case. |
| 5.
|
The
following sanctions may be imposed upon organizations: |
| |
a.
|
Those
sanctions listed above in Section D 1. a. c. d. e. and f. |
| |
b. |
Disciplinary
Probation - a written reprimand for violation of specific regulations.
Specific terms of the probation may include loss of privileges, or
other discretionary sanctions as described in Article IV.D.1.f. Probation
is for a designated period of time and includes the probability of
more severe disciplinary sanctions if the organization is found to
be violating any institutional regulation(s) during the probationary
period. |
| |
c. |
Organization
Suspension - loss of privileges which may include loss of University
recognition, for a specific period of time. Organization Suspension
may also include other discretionary sanctions which are imposed for
the purpose of assisting the organization in bettering itself, and
with expectation that the organization completes these sanctions by
the imposed timelines, regardless of University recognition status. |
| |
d. |
Organization
Dismissal - permanent loss of all privileges including University
recognition. |
| |
e. |
Members
of a recognized student organization may be charged collectively as
an organization and/or individually with violations of the Student
Code of Conduct. |
| 6.
|
When
a Hearing Board determines that the evidence and testimony of a case
violate the Student Code of Conduct and warrant a penalty, it shall
recommend a sanction(s) to a Hearing Officer. |
| |
a.
|
The
Hearing Board shall include a written summary of testimony, findings
of fact, recommended sanction(s), and reasons therefore, which shall
be included in the record. The entire record shall be forwarded if
possible within one working day to a Hearing Officer. |
| |
b. |
The
Hearing Officer shall, within three working days after receiving the
Hearing Board's recommended sanction(s), render a written decision
and reasons therefore, which shall be included in the record. The
Judicial and Mediation Programs Office shall send a copy of the decision
to the respondent(s). Within the seven working days period, the Hearing
Officer may request the Hearing Board to clarify its recommendation
and, upon receipt of clarification, may proceed to decide the matter.
Any decision shall be based solely on the record of the Hearing Board,
as may be clarified. |
| |
c. |
When
a Hearing Officer is selected by a respondent to hear a case and when
that Hearing Officer determines that the evidence and testimony of
a case violate the Student Code of Conduct and warrant a penalty,
the Hearing Officer shall impose an appropriate sanction(s). The Hearing
Officer shall include a written summary of testimony, finding of fact,
sanction(s), and the reasons therefore, which shall be included in
the record. |
| 7. |
In
order to consider imposing one of the following maximum sanctions: |
| |
a. |
Residential
Eviction |
| |
b. |
Residential
Expulsion |
| |
c.
|
University
Suspension |
| |
d. |
University
Dismissal |
| |
e. |
Organization
Suspension |
| |
One
or more of the following conditions must be present: |
| |
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 to the property
of others. |
| |
e. |
Misconduct
that violates conditions of probation or indicates repeated violations. |
| |
f. |
Misconduct
that harms others because of their particular race, religion, gender,
or sexual orientation. |
| |
g.
|
Misconduct
that involves hosting a gathering where prohibited drinking has occurred/common
sources. |
| |
h. |
Misconduct
that is a violation of the University drug policy. |
| 8. |
If
a student or organization fails to comply with sanctions imposed in
a University judicial case, the student or organization may be sanctioned
with University suspension. |
-Top-
E. Appeals
| 1. |
A
decision reached by the Hearing Board, or a sanction imposed by a
Hearing Officer, may be appealed by the respondent(s) or complainant(s)
to an Appellate Board or Apellate Officer within two (2) school days
after the written hearing decision is ready for distribution. Such
appeals shall be in writing and shall be delivered to the Judicial
and Mediation Programs Office. |
| 2. |
Except
as required to explain the basis of new evidence, an appeal shall
be limited to review of the verbatim record of the initial hearing
and supporting documents for one or more of the following purposes: |
| |
a. |
To
determine whether the original hearing was conducted fairly in light
of the charges and evidence presented, and in conformity with prescribed
procedures giving the complaining party a reasonable opportunity to
prepare and present evidence that the Student Code of Conduct was
violated, and giving the respondent a reasonable opportunity to prepare
and to present a rebuttal of those allegations. |
| |
b. |
To
determine whether the decision reached regarding the respondent was
based on substantial evidence, that is, whether the facts in the case
were sufficient to establish that a violation of the Student Code
of Conduct occurred. |
| |
c.
|
To
determine whether the sanction(s) imposed was appropriate for those
cases that resulted in eviction, residential expulsion, suspension
and/or dismissal. The Appellate Board or Appellate Officer shall not
increase the sanction(s) imposed by a Hearing Officer. |
| |
d.
|
To
consider new evidence, sufficient to alter a decision, or other relevant
facts not brought out in the original hearing, because such evidence
and/or facts were not known to the person appealing at the time of
the original hearing. |
| 3. |
If
an appeal is upheld by the Appellate Board or Appellate Officer based
on new evidence or procedural error, the case shall be remanded to
the original Hearing Board or Hearing Officer for re opening of the
hearing. If an appeal is upheld based on inappropriate sanction or
lack of substantial evidence, the Appellate Board or Appellate shall
render the appropriate determination and/or sanction. |
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F. Interim Restrictions
In certain circumstances, the Vice President for Student and Academic
Services, or a designee, may impose interim restrictions, such as University
suspension or residence-hall eviction or relocation prior to the hearing
before a judicial body. Interim restrictions are effective immediately
without prior notice. Interim restrictions for organizations includes,
but is not limited to, ceasing all activities, meetings, and/or events.
| 1.
|
Interim
restrictions may be imposed only: |
| |
a. |
to
ensure the safety and well-being of members of the University community
or preservation of University property; |
| |
b. |
to
ensure the student's own physical or emotional safety and well-being;
or |
| |
c. |
if
the student poses a definite threat of disruption of or interference
with the normal operations of the University. |
| 2. |
During
the interim restrictions, students shall be denied access to the residence
halls and/or to the campus (including classes) and/or all other University
activities or privileges for which the student might otherwise be
eligible, as the Vice President for Student and Academic Services
or designee may determine to be appropriate. |
| 3.
|
A
student suspended on an interim basis shall be given an opportunity
to appear personally before a Hearing Officer as soon as practicable,
but within ten (10) school days from the effective date of the interim
suspension, to discuss the following issues only: |
| |
a. |
the
reliability of the information concerning the student's conduct, and; |
| |
b.
|
whether
the conduct and surrounding circumstances reasonably indicate that
the continued presence of the student on University premises poses
a threat to the safety and well being of members of the University
community. |
-Top-
G. Rights of All Parties in the Judicial Process
| 1.
|
Respondent's
Rights: Students and organizations who are charged with alleged
violations of any University rules have the right to the following: |
| |
a. |
| |
