UNH Sunsets Its Three Strikes Policy Effective Fall 2022

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Overview and Rationale.?Over the last year, the Dean of Students area and Community Standards, in consultation with Student Senate and Faculty Senate, particularly the Faculty Senate Student Affairs Committee, had their annual review process for our Student Rights, Rules and Responsibilities Handbook (SRR&R) and the Code of Conduct. Significant changes have been made to this document and will be in effect at the start of the Fall.

The associate deans of the colleges identified that the changes adopted to the new Code of Conduct render the Three?Strikes?Policy unnecessary and recommended withdrawal of the policy. In its current form, the?Three?Strikes?Policy was meant to hold students accountable who have repeated issues within our community. However, the University’s conduct system administered by Community Standards has jurisdiction to address student behavior inconsistent with our established policies and expectations both on and off campus.

Students who are referred to the conduct process and found responsible for violating the Code of Conduct are sanctioned appropriately. Students who engage in a persistent pattern of prohibited conduct face progressively escalating sanctions. Administering the Three?Strikes?Policy, separate from the conduct process, is unnecessary. The Dean of Students area and Community Standards agreed with ASAC's recommendation and sunset this policy to eliminate the redundancy. This change, in part, also supports a larger vision in taking steps to both address and remove stigma that the conduct process is intended to be adversarial or overly punitive in nature.

Below explains how students are effected by the intentional phasing out of this policy:?

What does “progressively escalating sanctions” mean?

  • When the conduct process has determined that a student is responsible for violating the Code of Conduct, the expectation is for that student to develop a plan to change their behavior, remain connected to a healthy and positive social support system, and to positively contribute to the university community. If a student continues to violate the Code of Conduct, sanctions will continue to increase in severity including leading to suspension or dismissal from UNH or UNH Housing. Sanctions are intended to be progressive in nature across policies (e.g., Code of Conduct, Academic Honesty Policy, Discriminatory Harassment Policy, etc.)? and not only within the same policy.

What does this mean for students who currently have strikes on their record?

  • Any strike currently on a student’s disciplinary record will remain on their record until that student has graduated.
  • Any student who has already been suspended for a violation of the Three Strikes Policy must complete the suspension. Any student that voluntarily withdrew in light of a Three Strike Policy violation may reapply for readmission following the same timeline and conditions described to them at the time that they accepted the voluntary withdrawal.?
  • If a strike was issued because of an arrest, the arrest record will remain on the student’s disciplinary file with Community Standards until that student has graduated.
  • If a strike was issued due to academic dishonesty, the?academic college and the instructor?who issued the penalty will retain the record.
  • If a strike was issued after a finding of responsibility for violating the Code of Conduct and the sanction assigned was disciplinary probation, the strike will remain on the student’s record and the probationary period remains effective until the scheduled end date.

What happens if I am arrested for an incident that occurred off campus?

  • Under Article II of the Code of Conduct: University jurisdiction and discipline shall apply to conduct which occurs on university premises or off-campus behavior that adversely affects the University Community and/or the pursuit of the University’s objectives. This Code shall apply to students and recognized organizations participating in university-managed or approved study away, study abroad, and events or trips.?If Community Standards is notified that a student has been arrested for violating federal, state or local law and that violation also constitutes prohibited conduct, the student is subject to disciplinary action through the student conduct process.

Is it considered double jeopardy if a student went to court and was also held accountable through the conduct process?

  • No. While the conduct process may involve situations that overlap with criminal laws (e.g., theft, drugs, or sexual misconduct) and civil statutes (e.g., fraud, social host laws, and other neighborhood issues) campus policies are intentionally and appropriately different. Similarly, the university conduct system is separate and independent of any criminal or civil proceeding. If a student is undergoing civil or criminal action for the same behavior which forms the basis of alleged misconduct and disciplinary action under this Code, the University will administer the conduct process concurrently.