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On
Campus and Off Campus: UNH
Judicial and Criminal Processes - What
You Need to Know
| The
University student judicial program supports the academic mission
of the University by providing programs and services designed to enhance
every student's academic achievement and personal development. These
programs are designed to promote community standards of behavior,
personal accountability, conflict management and resolution, and civility.
When
you begin your journey at UNH, in addition to gaining new rights,
you also have new responsibilities as a member of our community.
In order to foster an environment where student learning and growth
can be maximized, the University has a responsibility to inform
students of these rights and responsibilities, and to hold them
accountable when they violate them. In an effort to achieve these
goals while keeping our community and its members safe, our office
holds students accountable for their actions which violate the UNH
Student Code of Conduct - in and outside of the classroom - whether
on university property or off campus.
The
following information attempts to outline some general guidelines
and options regarding the UNH student judicial system when criminal
charges may be involved resulting from on or off-campus violations
of the UNH Student Code of Conduct. If you have any questions about
the University student judicial system, please contact Esther Tardy
Wolfe, J.D., Director of Judicial and Mediation Programs at 862-3377.
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University
Jurisdiction
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.
Examples of such conduct include, but are not limited to:
| 1. |
Violations
that involve illegal or excessive use of alcohol or other
drugs (including distribution or sale) that occur off
campus; |
| 2. |
Gatherings
in or around the public ways of Durham that result in
complaints to the Durham Police for disturbing the peace,
trespassing, littering, etc.; |
| 3. |
Violations
that in any way compromise the health or safety of members
of our community; |
| 4. |
Conduct
which results in felony level charges against the student |
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| University
of New Hampshire Police (a.k.a. Campus Police) |
| The
Officers of the UNH Police Department are employed by the University
to protect our community. They are sworn law enforcement officials
granted their authority from the Town of Durham. Because of this authority,
these individuals can act as complainants in both the University student
judicial system and the criminal justice system. |
| Possible
Courses of Action |
| Any
member of the University community, which includes students, faculty
and staff, may file a complaint with the Judicial and Mediation Programs
Office if they believe a student has violated the UNH Student Code
of Conduct. This includes the University Police Department, especially
if a student violates criminal statutes and the UNH Student Code of
Conduct resulting from the same incident. For example, if a student
is arrested and charged with violating criminal statutes relating
to participation in a riot, and failing to follow the lawful orders
of law enforcement officials, even if the incident occurs on Main
Street in Durham and not on University property, UNH may act and bring
charges against the student for alleged violations of community expectations
that are outlined in the UNH Student Code of Conduct. At the same
time, the student can be prosecuted for violating criminal statutes
in court arising from the same incident. |
| Your
Rights in the UNH Student Judicial System |
| In
the event that a University judicial hearing does take place when
criminal charges are pending, or are likely to be pending, the student
does have the right to have an attorney present during his/her University
judicial hearing. The attorney's role is to advise the student regarding
his/her 5th Amendment Rights. The attorney does not address the Hearing
Officer, members of the Hearing Board, witnesses, or any other participants
in the hearing other than the student client. In addition, you also
have the right to the assistance of a trained Student Advisor to help
advise you about the judicial process. If the alleged violations of
the UNH Student Code of Conduct may result suspension or dismissal
from the University you may choose a University Hearing Board to resolve
the allegations. For all other alleged violations, a University Hearing
Officer will resolve the allegations.
All
records of the judicial hearing are private and are protected by
the Family Educational Rights and Privacy Act of 1974. The University
may be required to surrender records by order of lawful subpoena.
Parties that may be impacted by such course of actions will be informed
that a subpoena has been served.
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| Differences
Between UNH Judicial and Criminal Processes |
| The
criminal process begins when a duly authorized law enforcement official
files a complaint with the court. This officer is taking action on
behalf of the State of New Hampshire, not the University of New Hampshire.
In both processes, the burden or proof is on the complainant to show
that misconduct occurred. The criminal process is not the same as
the University's student judicial process. One of the central aspects
that differentiates the two is the standard of evidence that is used.
In the University student judicial process a 'preponderance of evidence'
is the standard used. Simply stated, does the evidence presented show
whether it is more likely than not that a violation of a Student Code
of Conduct occurred? In the criminal process the higher standard of
evidence of 'beyond a reasonable doubt' is used. Though these processes
are different in this and other ways, information from a criminal
process investigation may be used in the University's student judicial
process if the information is germane to the incident and alleged
violations of the UNH Student Code of Conduct in question.
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| Sanctioning
for Violations |
| The
current incident and a student's previous judicial history are considered
in determining sanctions. Sanctions are cumulative and progressive
and can range from disciplinary probation and fines to dismissal from
the University. Educational or other sanctions may also be imposed. |
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Judicial
and Mediation Programs