Article I: Definitions (2017)

1. "Aggravating factor" is 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, use of force, use of a weapon, or a previous conduct violation.

2. "Breach of the peace" means using abusive or obscene language in a public place, resisting a lawful arrest, and trespassing or damaging University or private property.

3. "Character evidence" means evidence that is offered at a responsibility hearing to show that a respondent or any other person is more likely or less likely to have violated the rules of conduct or to have made a false statement because the person has a good character or a bad character, has a reputation for being of good or bad character or previously acted in ways that tend to demonstrate that a person has a good or bad character.

4. "Complainant" means any University community member who submits a complaint alleging that a student violated the Code of Conduct. "Institutional complainant" means any University official designated to represent the interests of the University community in any conduct matter by filing a complaint and participating in the hearing process.

5. Discriminatory harassment, including sexual harassment or sexual violence is defined under Administrative Policies, section 10.2, 10.3 of the SRRR.

6. "Director" means the director of Community Standards or the director’s designee.

7. "Disorderly" is conduct that is reckless, knowing, or intentional: (a) engages in fighting; (b) makes unreasonable noise and continues to do so after being asked to stop; (c) causes disruptions in residential or academic building or d) disrupts a lawful assembly of persons.

8. "Expressed consent" is mutual agreement, based on a shared desire for specific sexual activities that is expressed verbally or non verbally.

  • Examples of expressed consent include, but are not limited to, (a) an ongoing verbal interaction, taken one step at a time, to engage in escalating sexual intimacy; (b) mutual awareness of possible unwanted consequences of sexual activities such as pregnancy and sexual transmitted diseases and taking precautions to avoid those consequences and (c) an ongoing recognition that consent to some sexual activities does not imply consent to other, different or more intimate sexual activities.
  • Examples of non consensual sex include but are not limited to: threatening, forcing, manipulating, intimidating, blackmailing, drugging, and causing a person to become intoxicated as a substitute for expressed consent or engaging in unwelcome sexual activity with a sleeping or incapacitated person.

9. "Faculty member" means any person employed by the University to conduct classroom activities. For purposes of this Code only, graduate students conducting laboratory or classroom activities in credit bearing courses for undergraduates without direct compensation, teaching assistants and instructional assistants are faculty members. For purposes of this Code, persons with tenure track, research, clinical and lecturer appointments are faculty members.

10. "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, apartment or campus which violates any provision of the Student Code of Conduct.

11. "Guest responsibility" means that all UNH students are responsible for the behavior of their guests when on University property and may be held accountable under this Code for the guest’s violation of this Code or for the guest’s violation of any published University policy.

12. "Harassment" is behavior that occurs in person, in writing or in electronic and social media that unjustly, substantially, unreasonably and/or consistently interferes with an individual’s work, academic or residential environment.

13. "Hazing" means any act directed toward a student, or any coercion or intimidation of a student to act or to participate in or submit to any act, when:

a. Such act is likely or would be perceived by a reasonable person as likely to cause physical or psychological injury to any person; and

b. Such act is a condition of initiation into, admission into, continued membership in or association with any University organization, team or activity.

14. "Incapacitated" means that a person is not able to consent to sexual contact or sexual conduct. It includes circumstances where a person is unconscious, asleep or incapable of making a decision due to ingestion of any drug or intoxicant. Incapacity is a state of unconsciousness or a state of extreme mental confusion in which a person is unable to assess or control one’s behavior. An incapacitated person does not understand the fact, nature or extent of sexual activity even if the person is capable of some voluntary physical actions. An ordinary person can reasonably observe that an incapacitated person needs care or supervision to maintain personal safety or is unable to communicate due to a mental or physical condition. Incapacitation is not mere impairment or intoxication. With respect to incapacity due to alcohol ingestion, each person reacts differently to alcohol; therefore incapacity does not require a certain number of drinks, or a certain blood alcohol level. A respondent is held to the standard of what a reasonable sober person knew, would know or should have known about a reporting student’s capacity to consent at the time of the interaction in question

15. "Hearing Panel" is a group of three persons designated by the Director of Community Standards to decide, after a hearing, whether a student is responsible for a violation of the Student Code of Conduct and, if so, to recommend sanctions.

16. "Hosting" is the act by a student assigned to a University residence hall room or apartment of holding any gathering consisting of one or more individuals who are not the assigned residents of that room or apartment.

17.  "Lewd" is crude and offensive conduct that is sexual in nature. It includes public display of the genitals, buttocks or anus; public urination or defecation, and public sexual acts including masturbation, intercourse and oral sex.

18. "Member of the University community" includes any person who is a student, faculty member, University official or any other person employed by the University.

19. "Mitigating factor" is any circumstance that may be taken into consideration to reduce a sanction.

Examples of mitigating factors include: accident, provocation and self-defense.

20. "Policy" is a written regulation of the University that binds a student and the University. University policies are found in the University System of New Hampshire On-line Policy Manual, this Student Rights, Rules, and Responsibilities publication, the University Room and Board Agreement, the Graduate/Undergraduate Catalogs or other written statements or sets of statements by University trustees, faculty and officials that establish rights, requirements, and responsibilities. For more information see: http://www.usnh.edu/policy/unh/iii-administrative-policies/e-institution....

21. "Relationship abuse" is the act or attempted act of: physical harm, threatening, coercion, harassment, discriminatory harassment, including sexual harassment or sexual violence, or stalking by a current or former sexual partner or intimate partner, and where such conduct constitutes a credible threat to the partner’s safety.

22. "Respondent" is any student or organization accused of violating this Code.

23. "Reviewing Officer" is the University official authorized by the Director to review a Hearing Panel’s decision under this Code.

24. "Sexual harassment" is a kind of discriminatory harassment. Discriminatory harassment is more fully defined by University policy (https://www.unh.edu/sites/www.unh.edu/files/departments/affirmative_acti...), but in brief sexual harassment may take the form of unwelcome sexual advances, graffiti, jokes, pranks, slurs, insults, threats, remarks made in the person’s presence, interference with the person’s work or academic life, vandalism, assignment of unpleasant duties, or even physical assault directed against any member of a protected class. For purposes of this Code, behavior is considered to be harassment when such behavior unjustly, substantially, unreasonably and/or consistently interferes with an individual’s work or academic performance or creates an intimidating environment.

25. "Sexual misconduct" includes, but is not limited to, any sexual penetration (sexual penetration as defined at http://www.gencourt.state.nh.us/rsa/html/LXII/632-A/632-A-1.htm) without seeking and receiving expressed consent. It includes penetration accompanied by threat, force, unwelcome manipulation, intimidation, blackmail, as a substitute for expressed consent. Sexual misconduct includes penetration when a person is incapacitated due to mental/physical disability and/ or substance ingestion. Substances can include legal or illegal drugs and alcohol or any combination of the two.

26. "Stalking" is repetitive, menacing pursuit, following, harassment, and/or interference with the peace and/or safety of a member of the community that would cause a person to reasonably fear for the person’s safety and the conduct actually causes the person to be fearful.

27. "Student" is any person reported by the Registrar as taking one or more undergraduate, graduate, summer or continuing studies courses at UNH. It includes:

a. Persons enrolled in full-time and part-time degree, certificate or credit bearing programs;

b. Non-university personnel living in University owned undergraduate or graduate residences;

c. Persons who have matriculated for a UNH degree or are taking courses for UNH credit or for transfer credit; Students in study away and study abroad programs;

d. Persons who are not officially enrolled in credit bearing studies for a particular term but who may have a continuing student relationship with the University including persons who are interim suspended, withdrawn, separated or otherwise have a reasonable expectation of resuming enrollment in courses are considered "students."

e. Students who have completed the course work to receive a degree but who remain on campus to conduct research.

28. "Student organization" means any number of persons who have complied with the formal requirements for University recognition under section 18.2 of the Student Rights, Rules and Responsibilities and student government organizations.

29. "Threaten" means to express one’s intention to (a) physically harm or kill another person, or (b) to take hostile action against another person or their property in retribution for something done or not done.

30. "University official" includes any person employed by UNH, performing assigned administrative or professional responsibilities.

31. "University" means The University of New Hampshire (UNH), including its campuses in Durham, Manchester and Concord.

32. "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.

33. "Unwanted sexual contact" includes, but is not limited to, any sexual contact that can be reasonably construed as being for the purpose of sexual arousal or gratification without seeking and receiving expressed consent. It includes sexual contact accompanied by threat, force, unwelcome manipulation, intimidation, blackmail, as a substitute for expressed consent. Sexual contact when a person is incapacitated due to mental/physical disability and/ or substance ingestion. Substances can include legal or illegal drugs and alcohol or any combination of the two.

34. Witness - A witness is a person who has personal knowledge of an incident contained in a violation report.