Article V: Special Provisions

A. Rights in the Conduct Process

1. Respondents’ and Organizations’ Rights: Students and organizations who are charged with alleged violations of any University rules on a Report of Violation have the following rights:

a. Fair notice of charges, including time and place of the alleged violation so that the respondent or organization understands the charges.

b. At least three (3) calendar days’ notice before a contested hearing and the time and place of the hearing.

c. Knowledge of the name(s) of the complainant(s).

d. A hearing, under the circumstances described in this Code, if the situation is not otherwise resolved at the preliminary meeting.

e. The opportunity to have the assistance of a trained student advisor in preparing for a hearing and during a hearing as defined by conduct system policies.

f. Request a review of a decision of a Hearing Panel as described in this Code.

g. Notice of the results of hearings and reviews.

h. Resolution of conduct charges in accordance with this Code and principles of Due Process.

i. To be assumed not responsible until complainant has demonstrated, by a preponderance of the evidence, that the respondent violated the Code.

j. Right to remain silent: A student or student organization against whom a Report of Violation has been made may choose not to testify at a hearing. This choice shall neither preclude the right to present witnesses and evidence, nor shall it be treated as an admission of responsibility.

k. The right to legal counsel if criminal charges are pending or likely, subject to the rules in this Code prescribing the scope of attorneys’ involvement in hearings.

l. Fair treatment: Responding students and responding organizations are members of the University community and have the right to be treated with courtesy and respect by complainants, members of Hearing Panels, Reviewing Officers and members of Community Standards.

2. Complainant’s Rights. The person reporting a violation of University has the following rights:

a. A hearing under the circumstances described in this Code, if the Report of Violation is contested or is not resolved by the processes provided in the Code.

b. At least three (3) calendar days’ notice of the time and place of a formal hearing in order to prepare for that hearing.

c. The advice of an advisor chosen from the pool of trained student advisors in preparing for a hearing when the complainant is a student.

d. Request for a review under the circumstances described in this Code.

e. Notice of results of formal hearings and reviews.

f. Fair treatment: Complainants are members of the University community and have the right to be treated with courtesy and respect by responding students, responding organizations, members of Hearing Panels, Reviewing Officers and members of Community Standards.

B. Organizations:

1. Organizations generally shall be treated as students, subject to special provisions for sanctions and records.

2. The following sanctions may be imposed upon responding organizations:

a. Those sanctions listed above in Article IV.E.6, subsections a.i, b.ii, b.iii, b.iv and b.v.

b. Disciplinary Probation - a written reprimand for violation of specific regulations. Specific terms of the probation may include loss of privileges, or other alternative sanctions as described in Article IV.E.6.b.i. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the responding 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 of the responding organization, for a specific period of time. Organization Suspension may also include alternative sanctions which are imposed for the purpose of assisting the responding organization in bettering itself, and with expectation that the organization completes these sanctions by the imposed timeliness, regardless of University recognition status, as a factual basis for restoring recognition.

d. Organization Dismissal - permanent loss of all privileges including University recognition.

e. Members of a respondent organization may be charged collectively as an organization and/or individually with violations of the Student Code of Conduct.

C. Records

1. Disciplinary sanctions shall become part of Community Standards’ confidential student disciplinary record. Records regarding students are subject to access under the Family Educational Rights and Privacy Act. Records regarding student organizations are subject to disclosure subject to the redaction of information to protect the privacy of individual students.

2. Records regarding students shall be retained.

a. Cases involving the imposition of sanctions other than residence-hall expulsion, University suspension or University dismissal shall be expunged from the responding student’s student disciplinary record three years after final disposition of the case.

b. Cases of housing expulsion and University suspension shall be expunged from the student’s confidential record five years after the final disposition of the case.

c. Cases of dismissal will be held permanently.

3. Records regarding student organizations shall be retained for ten (10) years and then expunged.

D. Community Standards Title IX Procedures

1. Scope: these procedures shall apply to reports of violations of this code by a student, where the reported violation states a colorable claim of sexual violence: including sexual harassment, assault, or misconduct (which includes both sexual assault and unwanted sexual contact); relationship abuse (which includes dating violence and domestic violence); and stalking.

2. Intake: a member of the CS staff shall conduct a structured interview of the person reporting a Title IX violation to determine the general outline of the violation, to find out what interim measures the person has received or requested, and to provide information about available support services at the University.

a. When a person reporting a Title IX violation has previously provided a general outline of the violation to another office or agency subject to a right of confidentiality, the person may consent to the release of the earlier statement to CS.

b. Notifications: When CS conducts an intake, it shall notify the UNH Title IX Coordinator, the Dean of Students, other administrators, and UNH police as required or authorized.

3. Appointment of Independent Investigator and Institutional Complainant: the Title IX Coordinator and Dean of Students shall confer, make inquiries as needed and determine whether to appoint an independent investigator and whom to appoint. The Dean of Students and Title IX Coordinator shall also identify an institutional complainant who will be available to serve on the matter if conduct charges are authorized after the investigation is complete.

4. Investigation: The independent investigator shall work under the direction of the Director of CS to complete a thorough, prompt and fair investigation.

a. The investigator shall send a notice of investigation to the reporting student and to the responding student(s). The notice to both parties shall contain a summary of available resources, the contact information for the Title IX Director, a link to this Code and a caution against retaliation.

b. The Director and investigator shall provide status reports to the Title IX Coordinator and Dean of Students periodically and upon request.

c. In cases where there is/are parallel criminal and administrative investigations the Director and investigator shall cooperate with law enforcement to preserve the integrity of both investigations while striving to complete a prompt, thorough and fair investigation of the matter.

5. Amnesty: The student who reports and the respondent to a report of sexual violence generally are not subject to a conduct complaint for lesser drug and alcohol violations immediately before and during the incident giving rise to the report, unless the lesser violation is directly related to the facilitation of the offense. Both students may be held responsible for subsequent conduct violations of any nature.

6. Report: The investigator shall prepare a written report of the investigation.

a. The report shall assess agreed facts, disputed facts and corroborating facts for both parties’ account of the incident(s). It shall assess any evidence that may indicate bias, lack of credibility or personal interest.

b. The investigator shall provide an initial draft of the report to the Director, who shall review the report for thoroughness and fairness. This draft shall be treated as a confidential document, subject to the governmental decision maker and other available legal privileges.

c. The Director shall provide a comment draft of the report to both the reporting and responding persons, providing them both with the chance to offer proposed corrections to make the report more accurate. The investigator is not required to accept any proposed correction from either party.

d. The report shall analyze available charges, summarize the evidence available for each charge, assess direct, circumstantial, documentary, physical and corroborative evidence available on each charge.

7. Limitations period: Individuals are encouraged to report sexual harassment, sexual misconduct, relationship abuse, or stalking as soon as possible after the incident occurs to maximize the University’s ability to respond promptly and effectively. Prompt reporting allows the University to obtain the most reliable information, be able to contact relevant witnesses (if any), and provide reasonable assistance and interim measures for affected parties. The University does not limit the time for reporting these incidents or filing a report of violation, however, and in all cases, a decision will be made on existing facts to determine if an investigation and conduct proceedings are necessary to comply with the law and to serve the University community.

8. Charges: the Title IX Coordinator and Dean of Students shall assess the report to determine whether they find sufficient factual and legal basis to file a report of violation on the matter. The Title IX Coordinator and Dean of Students shall appoint an institutional complainant to identify potential conduct violations and to draft a report of violation.

a. The institutional complainant shall file a report of violation with Community Standards. The report of violation shall be transmitted to the respondent and to the reporting party by the Office of Community Standards. The reporting party may elect to be a co-complainant with the institutional complainant.

b. If the Dean of Students and Title IX Coordinator decline to bring a report of violation, the reporting student may still elect to file a report of violation, and may file a report of violation with the Office of Community Standards to begin a conduct case. The report of violation shall be transmitted to the respondent by Community Standards.

9. Accommodations in the Hearing Process: Proceedings on reports of violation involving sexual violence shall be processed as provided for other reports of violation under this Code, subject to the following accommodations.

a. The reporting person and the responding person have a right to have a support person present at any meeting or hearing and to have access to appropriate procedural advice about the hearing process. Neither party is required to request permission for the presence of counsel or support. Support persons may not represent or speak on behalf of either party in any meeting or proceeding and shall not disrupt any meeting or proceeding.

b. The institutional complainant, reporting person and the responding person have a right to have legal counsel present at any meeting or hearing. Legal counsel shall provide the Director 24 hour’s notice that counsel will be present at any hearing or meeting. Legal counsel shall not represent or speak on behalf of either party in any meeting or hearing and shall not disrupt any meeting or hearing.

c. The Director and the hearing panel shall assure that the institutional complainant, reporting person and responding person have the opportunity to present witnesses and argument, either in writing or in person as required, to reach a fair and accurate determination of the matter.

d. The CS Director or designee may conduct preliminary meetings separately with the responding and reporting student. The CS Director or designee may permit or require the responding person and reporting person to be in separate rooms or behind a screen during the hearing itself, provided, however, that the respondent’s right of confrontation shall be given appropriate weight and protection in fashioning protections for the reporting student.

e. While reports of violation may in some circumstances be resolved by mutual agreement of the parties during the preliminary meetings as otherwise stipulated in this Code, the reporting student has the right to end the informal resolution process at any time and request a hearing. In cases involving allegations of sexual misconduct, mediated informal resolution between the parties is generally not appropriate.

f. The Director and hearing panel shall assure that the institutional complainant, reporting person and responding person have a reasonable opportunity to confront the evidence and witnesses adverse to their position and interests in the matter, but shall also assure that hearings are orderly.

E. Interim Restrictions

1. In certain circumstances, the Dean of Students, or a designee, may impose interim restrictions prior to the hearing before a Hearing Panel or other body such as University suspension or residence hall eviction, relocation, or restriction on access to University events or facilities to prevent interaction between one student and another. Interim restrictions are effective immediately without prior notice. Interim restrictions for organizations include, but are not limited to, ceasing all activities, meetings, and/or events.

2. Interim restrictions are not intended to be punitive and 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 a reporting student’s or the responding student’s physical or emotional safety and well-being; or

c. If the respondent poses a substantial risk of disruption to or interference with the normal operations of the University.

3. Interim restrictions shall be recorded in a letter directed to the student and served personally or electronically to the student. The letter shall contain a brief summary of the facts supporting interim restrictions and the basis on which the restrictions are ordered. At the time of imposing the interim restrictions the Dean of Students shall assess the student’s safety plan under the restrictions and to address, as needed, the student’s immediate needs for shelter and safety. At the time of serving the letter or within 24 hours the student shall have a right to meet with the Dean of Students or the Dean’s designee in person, by telephone or by teleconference to clarify and discuss the interim restrictions.

4. During the interim restrictions, the student may be denied access to the residence halls and/or to the campus (including classes) and/or any other University activities or privileges for which the student might otherwise be eligible, as the Dean of Students or designee may determine to be appropriate.

5. The Dean of Students or designee will notify the Associate Dean of the student’s College in the event interim restriction(s) limit the student’s ability to satisfy academic requirements.

6. A student restricted on an interim basis shall have the right to request to appear personally before a Hearing Officer as soon as practicable, but within five (5) business days from the effective date of the interim restriction, to discuss the following issues only:

a. The reliability of the information concerning the student’s conduct,

b. Whether any interim restrictions should be modified, and

c. 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.

The request may be made in writing or by email sent to the Dean of Students or Community Standards. The Hearing Officer or Panel members that review the matter may be employed by units that report to the Dean of Students, but shall at all times act independently.

7. A student restricted on an interim basis shall have the right to request review of the restrictions and to request modifications of them as provided in section V.E.6 above every 10 days until conduct charges are filed and heard. In addition, a student suspended on an interim basis shall have a right to pro rata refund of tuition and fees paid, on the same basis as a student who has withdrawn, for the duration of the suspension.

F. Three Strikes Policy

1. This rule is intended to provide an effective intervention for students whose pattern of rule violation (academic, conduct, administrative &/or criminal) disrupts their academic progress, social development or disrupts their community. It is intended to support those students by providing a suspension followed by resumption of their academic course of study provided they are able to be of good behavior during the period of suspension.

2. When a student commits three (3) base violations in separate incidents within four (4) calendar years the student commits a violation under this Code and triggers a voluntary one (1) semester withdrawal from the University, effective immediately or for an involuntary one (1) semester minimum suspension after notice and hearing, and probation for the remainder of the student’s undergraduate career.

3. Base violations:

a. The student has been found or agreed to be "responsible" for a conduct violation under this Code, where a level two (2) sanction or greater has been imposed.

b. The student has been found to have committed a violation of the Academic Honesty policy by the student’s Dean.

c. The student has been arrested, charged or convicted of any criminal offense, subject to satisfactory proof as follows:

i. For convictions, diversions, placed on file, nolo contendere: documentary proof of the disposition.

ii. For nolle prosequi charges, withdrawn or dismissed charges a preponderance of evidence, including hearsay evidence, submitted at a hearing demonstrates that the student committed the charged criminal offense or another criminal offense.

iii. A statement by the student’s Dean that the Dean provided notice of the Three Strikes process at time of arrest.

4. Procedure

a. Notice: When a base violation occurs, the student shall receive an oral or written warning that three (3) base violations trigger this rule.

b. Charges: CS shall cooperate with the Academic Standards and Advising Committee, Durham Police Department and UNH Police department to track base violations. When this rule is triggered the student’s academic dean or ASAC representative shall be the complainant.

c. Dean’s Letter: at the time of filing charges, the dean of the responding student’s college shall submit a letter finding that the base violations establish one or more of the following:

i. A substantial hurdle to future employment or professional study;

ii. Disruption to the community;

iii. Threat of harm to self or others.

d. Dean’s meeting: after preparing the report of violation under this rule the Dean shall meet with the student and explain this rule and the procedures under the rule, providing the student with an option to take a voluntary withdrawal and 24 hours in which to elect to accept the withdrawal or to request a hearing.

e. Hearing: a student charged with a three strikes violation shall have the right to hearing and review under the provisions of this Code.

f. Refund of tuition and fees: Students found responsible under the Code for violation of this rule shall be treated as having withdrawn on the hearing date.

g. Readmission: Students found responsible under the Code for violation of this rule may apply for readmission to the University, subject to approval by the academic dean.

G. Medical Amnesty

1. When a student acts on behalf of another student and requests help to emergency personnel or a UNH staff member for a condition stemming from the use of alcohol, both the student(s) offering assistance and the student in need of medical attention have the option of filing for medical amnesty. If medical amnesty is determined to be applicable, the student involved shall attend an alcohol awareness course provided by Health & Wellness. Pending completion of the alcohol awareness course the student will be found not responsible the alcohol violation(s) of the Code of Conduct.

2. Guidelines for Medical Amnesty:

a. Medical amnesty may be granted for the student needing medical attention once per student as long as the student is enrolled at UNH.

b. A student acting on behalf of another student needing medical attention may be granted medical amnesty more than once per student for as long as the student is enrolled at UNH.

c. Students who wish to apply for medical amnesty will have to do so within two business days after meeting with the complainant. The student must have proof that professional help was requested.

d. Prior alcohol violations could reduce a student’s likelihood of being granted medical amnesty.

e. Parents or legal guardians of the student applying for medical amnesty will be notified of the student’s arrest by the police as per normal process. Parents or legal guardians will be notified of the student’s conduct violation(s) through Community Standards as per normal process allowed under FERPA (Family Educational Rights and Privacy Act).

f. The student applying for medical amnesty will assume the costs associated with the alcohol awareness course.

g. Recognized UNH Student Organizations are not eligible to apply for medical amnesty.

H. Conflict of Interest

1. Community Standards is required by law and committed by its mission to provide fair, thorough and accurate resolution of reports of violations of this Code. In fulfilling those duties, the Director and staff of Community Standards shall assist investigators, complainants, co-complainants, respondents, hearing panels and reviewing officers by advising them on the processes and rights under this Code.

2. The Director and staff of the Office of Community Standards shall not impair the independence of hearing panels and reviewing officers and, though they may provide procedural advice at all times, shall use their best efforts to avoid acting in dual roles in the same conduct case.

3. Members of hearing panels and reviewing officers shall not serve on cases for students who are currently in courses that they teach, whom they advise, on teams that they coach, employed in the same department or unit or when they determine that they have a personal, economic or legal conflict with any party to a conduct matter.

I. Interpretation and Revision

1. Any question of interpretation regarding the Student Code of Conduct shall be referred to the Dean of Students or his or her designee for final determination.

2. The Student Code of Conduct shall be reviewed annually by the Dean of Students and the Director of Community Standards in consultation with faculty, University officials, and student representatives as designated by the Student Senate.