Disciplinary Procedures
If the staff member reviewing the incident determines that a violation may have occurred, you will be notified, and the appropriate procedures for that violation will be followed. The procedures for the resolution of disciplinary actions depend upon the maximum sanction that the staff member believes could or should be invoked if you are found responsible for the alleged violation. It is always possible that as the process unfolds you will ultimately be found not responsible or that circumstances will result in a sanction being imposed that is less than the maximum allowed for that violation.
Any director, the vice president for student affairs or the chair of the Student/Staff Disciplinary Review Board may designate a staff member to act in his or her place. Violations of the university guidelines are divided into two tiers. An explanation of each tier including possible sanctions and review procedures is given below. As you review these descriptions, you should keep the following considerations in mind. They explain why a particular violation may not be reviewed at the usual level of severity.
A particular incident may involve mitigating circumstances that increase or decrease the severity of an offense. For example, if you violate quiet hours on several occasions in seven months, you would likely be given mild penalties if no other violations were found. But if the same incidents occur within a week, your situation would be regarded much more seriously. This kind of situation would change a situation from Tier 1 to Tier 2.
Another variation occurs within the definitions of the generic forms of violation. Just as the impact of an event can render it more or less serious in criminal law; stealing a small item might be petty theft, but stealing very expensive items becomes grand larceny. The same is true in the university’s definitions of violations of its code of conduct. A theft might be of something small such as a pocket calculator, or of something large, such as a valuable personal computer. The first might be a Tier 1 offense and the latter a Tier 2.
Tier 1
Definition: minor infractions or a series of minor infractions.
Possible Disciplinary Actions: Letters of reprimand, fines, restitution, community service, limitation on privileges, educational programs, program probation.
Program probation is defined as a state of warning with conditions imposed either for a serious offense or a pattern of behavior that has been deemed to be of great concern but not warranting program suspension. Program probation is imposed by the director of the program. Violations of the conditions stated in the probation notice may result in program suspension after a hearing. Subsequent incidents will be reported to the program director for appropriate action.
Review of Tier 1 Violations
With that in mind, the staff will confront you and your fellow students on issues of inappropriate conduct in a way that aims at helping you understand the need for correcting that behavior. Depending upon the situation, several staff members may be involved in the review of an incident.
The following statements summarize the procedures involved in the review of Tier 1 violations:
If you are reported for an alleged violation, then
1. A staff member will meet with you and with others familiar with the situation.
2. The staff member will determine responsibility, refer the matter to other staff, or decide that there is a Tier 2 issue
and proceed as defined in the next section.
3. The staff member will impose a disciplinary action that is appropriate for the situation.
The purpose of any sanction is not just to punish but more importantly to help you develop the autonomy or self-discipline that is expected of adult members of any community.
If you are found responsible, you may request a review of that finding by submitting a request to the chair of the Student/Staff Disciplinary Review Board. Instructions for seeking this review will be included in your notice of the finding.
This request for review must be in writing and received within five working days of the finding. It must include a thorough explanation of why you believe the finding to be flawed. The Student/Staff Disciplinary Review Board will act on it at the next regular meeting. See the section on appeals below.
Tier 2
Definition: patterns of misconduct or a single incident which cause(s) significant concern for the health of the community, the safety of its students or the quality of the learning environment.
Possible Disciplinary Actions:
1. Expulsion from Southern New Hampshire University - permanent dismissal from the university without opportunity for readmission. This sanction may only be imposed by the vice president for student affairs or designee after a hearing. If expelled from the university, you will be persona non grata on all university facilities and from all university functions.
2. Suspension from Southern New Hampshire University for a specified period of time - dismissal from Southern New Hampshire University for a given period, with an opportunity for readmission. This sanction may only be imposed by the vice president for student affairs or designee after a hearing. If suspended from the university, you will be persona non grata on all university facilities and from all university functions for the period of your suspension.
3. University Probation - a serious form of disciplinary warning, with conditions, imposed by the vice president for student affairs or designee. Violations of the conditions may result in suspension or expulsion. All reports of future violations by that student will be referred directly to the vice president or designee for appropriate action.
4. Suspension from a program - the seriousness of a single offense or incident or a pattern of intolerable behavior, may result in denial of the privilege of continuing in a program or activity-either permanently or for a defined period. This sanction may be imposed by the director of that area or designee after a hearing.
Suspension from residence life, whether for a period of time or indefinitely, automatically carries with it the status of persona non grata in residence areas. If suspended from residence life, you are barred from the residence areas entirely and will be allowed in the athletic complex, the library, Student Center, Robert Frost, Exeter and Stark Halls, the Hospitality Building, Webster Hall, or Belknap Hall only between 7:30 a.m. and 12:00 a.m. Your vehicle may only be on campus during that time, and parking is restricted to Lot 1 or 12 .
If during the review of your conduct, a staff member finds that you have been involved in multiple violations and that your response to disciplinary measures indicates that you are unable or unwilling to adapt to the university’s expectations, your situation may be presented to the program director for possible suspension from that program. This would occur in addition to any penalty for the immediate violation. For the most part, such actions occur in residential situations and involve possible suspension from residence.
Any form of violence against any person is a Tier 2 violation and may result in suspension or expulsion from the university. Hearings on allegations of serious violent acts will be conducted by the vice president for student affairs or designee. A recent amendment to the Family Educational Rights and Privacy Act allows university officials to notify the victims of violent acts of the results of disciplinary proceedings concerning the accused. Such notification is required in cases of sexual assault.
Suspension from the university or from residence halls may be “held in abeyance.” This means that the suspension would not be enforced immediately, but is “in place.” Notice of this status will require that specific conditions be fulfilled. Any violation of those conditions will result, at a minimum, in immediate enforcement of the suspension – without a hearing. It may also result in further disciplinary action.
Review of Tier 2 violations
The staff member who reviews an incident report may determine at the outset that there is a possible Tier 2 violation - examples include sale or possession of illegal drugs, arson, false fire alarms, a reported assault, a common source violation. In such a situation, there may be several interviews with the people involved and with other witnesses to the incident before a specific violation or offense is alleged. If the incident occurred in university residence, this investigation may involve the associate director of residence life in addition to a residence director.
If the result of the inquiry suggests that the appropriate sanction might include suspension from the program or from the university, the case will be prepared for presentation to the program director or the vice president for student affairs, as appropriate.
If you are involved in a Tier 2 situation, only a director, or designee, may suspend you from participation in a department’s program, and only the vice president for student affairs, or his designee, may suspend or expel you from the university. Such action may only be taken after you have been afforded a hearing. A recommendation for program suspension may come from any staff member, but only a program director, or designee, may recommend suspension or expulsion from the university.
If you are involved in a Tier 2 situation, the steps below specify the procedures that must be followed in order to assure that you receive a fair hearing. These would occur after an initial investigation has resulted in specific allegations that have been presented to a hearing officer (the director of a program or the vice president for student affairs, or designee).
1. Notice - Before such a hearing you will be notified of the reasons behind it - you must receive a letter containing the specifics, both as to allegations against you and the date, time and place of the hearing, at least two days prior to the hearing.
2. Witnesses - You will be allowed to present witnesses and to question witnesses against you. Written statements by non-residents and others unable to attend the hearing may be admitted. Presentations of interviews done by university staff will also be allowed.
3. Burden of Proof - The burden of proof is on the university to show that you are responsible for serious misbehavior or a pattern of misconduct. The standard of proof is not that of the criminal courts. The university’s case need not be established beyond a reasonable doubt but by the greater weight of the evidence presented.
4. Presentation - The staff member recommending the sanction will present the case for the university; you will present your own case. You and the staff member may present and question witnesses and argue the case. The director or vice president, or a designee hearing the case may not be involved in the development of the presentation for either party.
5. Legal Counsel - Both you and the staff presenting the case may seek the advice of counsel in preparing the case but legal assistance will not ordinarily be allowed during the hearing (whether by means of presence at the hearing or by recess and conference outside the hearing). If there is a criminal case pending against you, you may have the advice of counsel during a hearing regarding your own statements and answers to questions, but on no other matter. Counsel may not advise you on questions you may ask of others during the hearing or otherwise assist you.
6. Advisor - You should bring an advisor who is a member of the university community but who has no legal background. Your advisor may confer with you but may neither address the hearing nor question witnesses.
7. Attendance at Hearing - Only members of the university community and witnesses to the incident may attend the hearing. “Character witnesses” must be members of the university community.
8. Hearing - The hearing will be conducted informally. Summary notes must be kept. A tape recording of the hearing shall be made; you may request and pay for a copy.
9. Finding and Sanction - Based upon the information presented, the director, vice president or designee will decide on your responsibility and will determine the appropriate sanction. Circumstances may dictate a finding that you are responsible for a violation of university expectations, but that a sanction other than the usual minimum for that violation is appropriate. If probation results, the notice will include a statement defining conditions that violate the probation. If the student is terminated from a program or housing, he/she is not eligible for a monetary refund from the university.
11. Notice of Results - A letter notifying you of the results of the hearing will normally be in the mail within 72 hours of the hearing. Notification must be sent no later than 5 working days following the hearing.