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Annual Security Report – Nashua Center For the Students, Faculty and Staff of Southern New Hampshire University October 1, 2015

Information about Campus Safety, Alcohol & Illegal Drugs for the Students, Faculty and Staff of Southern New Hampshire University— Nashua Center

Southern New Hampshire University—Nashua Center 546 Amherst Street Nashua, New Hampshire 03063 Phone: 603-881-8393

2015 Annual Campus Safety Report—Southern New Hampshire University—Nashua Center.

This information is provided to meet the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. This report has been prepared by the Department of Public Safety at the University’s main campus in cooperation with the Nashua Center Team Lead, Maxine Marshall, using statistical and other information supplied by the Southern New Hampshire University’s Department of Public Safety and Judicial Affairs office and local Law Enforcement.

Southern New Hampshire University’s Nashua Center is located at 546 Amherst Street, Nashua New Hampshire. You may reach the Center by phone at 603-881-839 or by email [email protected].

Notice of Availability of Annual Security Report

Prior to October 1, e-mail and/or conventional mail notification is made to all enrolled students and employees to provide the Web site URL to access this report. The URL is also included on the web sites of Human Resources and Office of Admissions to inform prospective students and employees. Paper copies of this report can be obtained by contacting The Department of Public Safety at the University’s main campus in Manchester, NH at 603-645- 9700. Paper copies are also distributed to the Nashua Center’s Team Lead, Maxine Marshall. The report and crime statistics are updated annually. Policy and Procedures for Developing Information for this Report:

The preparation of crime statistics on an annual basis involves coordinating among University Public Safety, the Judicial Affairs Office and local police departments, which have jurisdiction on campus and public areas adjacent to campus, to collect annual statistics. This coordination also occurs in statistical gathering of data from those with “significant responsibilities for students and campus activities.”

Annual Campus Crime Report: Safety and Security Information

The Team Leader of the Nashua Center, Maxine Marshall in conjunction with the Director of Public Safety at Southern New Hampshire University’s main campus is responsible for center security. They have an excellent working relationship with the Nashua Police Department. The Nashua Police and Fire Departments provide emergency response, as needed. The Nashua Center is a single building. Whenever it is open, there is always a staff member on duty. Telephones are available in every classroom, in the main office, and by the outside entrance door. Dialing 9-1-1 will contact the local police/fire and EMS.

Students and employees should report criminal offenses, for appropriate law enforcement response, for a timely warning and for statistical reporting purposes, to the University staff at 603-881-8393 and or the Nashua Police Department.

When a crime is reported to the team lead, it will be referred to the Nashua Police Department and the Public Safety department at the University’s main campus. In addition, if the suspect is a student, there may be an inquiry through the Judicial Affairs office at the main campus. If the suspect is an employee of Southern New Hampshire University the Office of Human Resources and/or other appropriate University officials may conduct an inquiry. It is the policy of the Nashua Center to take every report of criminal activity seriously and to take appropriate action, consistent with applicable law, and public and Center safety. Criminal activity reports are made available to those attending the Nashua Center from the Office of the Director on a case-by-case basis. Crime statistics are available from the Office of the Director upon request.

Reporting Crimes and Emergencies

All Emergency calls should be made to 911

Regular business calls for police services of a non-emergency nature should be made to the Nashua Police Department at 603-594-3500. Phones are also available at the University Center. When notifying the Center staff and or the Nashua Police Department of criminal activity, please provide the following information:

• Your name • Location of the incident you are reporting. • A description of the scene, suspects and the nature of the incident. • A description of any vehicles involved in the incident, especially a license plate number.

The most important thing to remember is that suspicion of a crime does not require proof. If you suspect that a crime is being committed or has been committed call 911 immediately.

On Campus Reporting

When members of the University community receive a report of criminal activity on campus, they should immediately notify Center staff. The following people have been identified as Campus Security Authorities, Maxine Marshall – Student Success Team Lead, Amber Delph - Student Success Advocate, Patty Sierra – Student Success Advocate. Emergency reports of criminal activity should be made immediately to 911.

Off Campus Reporting

If the criminal activity takes place in an off-campus location that is rented or owned by the University, community members should contact the local police department with jurisdiction.

Building Security

Any suspicious activity, suspicious person, or crimes in progress should be reported immediately to 911.

Academic and administrative offices are secured at the conclusion of their operating hours. All buildings are secured each night and are open only during normal operating hours. Building hours during semester breaks, University holidays, and summer may be reduced or modified from the normal operating hours. The University has several Campus Security Authorities (CSA’s) working at the Center. There is no uniformed presence or Memorandum of Understanding (MOU) with the Nashua Police Department. Community members should contact the Nashua Police Department and a CSA to report any suspicious or criminal activity. CSA’s at the Nashua Center are Maxine Marshall – Student Success Team Lead, Amber Delph – Student Success Advocate, and Patty Sierra – Student Success Advocate.

Public Use Policy for Southern New Hampshire University—Nashua Center

Use of the University buildings and areas are available to authorized members of the University community and to official visitors and/or individuals who have legitimate business needs during hours the buildings are open. The University reserves the right to deny any member of the public access to the University Center if there is a perceived threat to the safety and security of students, faulty or staff. Loitering and solicitations are not permitted in the University Center or on University property. Persons engaged in such activity, or being disruptive or interfering with the normal operations of the University, will be asked to leave the premises and may be denied future access to the building and property.

Crime Prevention Resources and Services and Other Assistance

There are presently no such programs conducted at the Nashua Center. Students may take advantage of such programs offered at the University’s main campus in Manchester NH. Additionally the Nashua Police department offers crime prevention programming.

Confidential & anonymous reporting: 603-645-9700 or http://www.snhu.edu/10418.asp. City (Nashua) Mental Health Center of Greater Nashua ...... 603-889-6147 NH Area Assembly of Alcoholics Anonymous ...... 800-593-3330 Bridges of Nashua for Domestic and Sexual Violence support ...... 603-883-3044

GENERAL SAFETY TIPS

When you park:

 Lock ignition and remove keys.  Close and lock windows and doors.  Keep all valuables out of sight; use the trunk whenever possible.  Choose a well-lit area to park at night.  When returning to your vehicle, have your keys ready and check interior before entering.

When you walk:

 Try not to walk alone at night  Do not take shortcuts; travel well-lit busy routes.  If you feel like you're being followed, change directions and head for an area with lights and people.  If you're in trouble, SCREAM!!! It's your number one defense.

When you report suspicious persons or incidents:

 Call 911 or a university official at: 603-881-8393 and stay on the phone while it is safe or until told otherwise.  Supply address of the incident.  Give number of individuals who are involved.  Describe what is happening.  Obtain a description of suspects (approximate age, height, weight, complexion, clothing)  Notice if any weapons are involved.

When you drive:  Do not pick up hitchhikers  Keep doors locked; be alert at traffic stops.  Do not lower windows for strangers; demand credentials.  If stalled, ask for aid through a cracked window; remain in your vehicle.  Travel well-lit streets.

Campus Safety: A shared responsibility

The cooperation and involvement of students and employees in their own safety and security is essential. Members of the campus community must assume responsibility for their personal safety and the security of their belongings by taking simple common sense precautions. Rooms and offices should be locked when unoccupied. Students and employees must park in designated areas, and should keep their valuables secured in the trunk. Suspicious-looking individuals or unusual incidents on campus should be reported immediately to a university official or the Nashua Police Department.

Cooperative Law Enforcement Functions

The SNHU Public Safety Department does not have a uniformed presence at the Nashua Center or a Memorandum of Understanding with the Nashua Police Department. Individuals who wish to report any criminal or suspicious behavior are advised to contact the Nashua Police Department and/or a Campus Security Authority located at the Center. A CSA will assist them with any issue they may have and if needed, they will facilitate the process of contacting the Nashua Police Department or the main campus Office of Public Safety. The CSA’s are Maxine Marshall – Student Success Team Leader, Amber Delph – Student Success Advocate, and Patty Sierra – Student Success Advocate. TIMELY WARNINGS

In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus crime Statistics Act the University provides timely warnings to the University community when a significant criminal incident occurs within SNHU Clery Geography and represents a serious or continuing threat. Decisions to disseminate a warning will be decided on a case-by-case basis in light of all the facts surrounding the crime and the continuing danger to the community. The purpose of the warning is to aid in the prevention of similar crimes by alerting the community about the incident and providing information on the action people can take to diminish their chances of being victimized. The amount and type of information presented in the warning will vary depending on the circumstances of the crime. If there is certain information that could compromise law enforcement efforts, it may be withheld from the timely warning notice. An effort will always be made to distribute a warning as soon as pertinent information is available so that the warning is a preventive tool, not solely a description of the incident.

Timely Warning Notices are typically issued for the following Uniformed Crime Reporting Program (UCR)/National Incident Based Reporting system (NIBRS) crime classifications: major incidents of arson, aggravated assaults, and murder/non-negligent manslaughter, robbery, burglary, hate crimes, sex offenses, dating violence, domestic violence and stalking. Cases of aggravated assault, sex offenses, and stalking, dating and domestic violence are considered on a case-by-case basis, depending on the facts of the case and the information known by the University. For example if an alleged assault occurs between two students who have a disagreement, there may be no on-going threat to the University community members and a Timely Warning Notice would not be distributed. Cases involving sexual assault are often reported long after the incident occurred, in which case there is no ability to distribute a “timely” warning to the community. Thus whether to issue a Timely Warning Notice based on a reported sex offense will be determined on a case by case basis depending on when and where the incident occurred, when it was reported, and the amount of information known by University. Similarly, the University will assess reports of property crimes and will distribute a Timely Warning Notice in the event of a pattern of crime that poses a serious or continuing threat to the community. The Director of Public Safety or designee reviews all reports to determine if there is an on-going threat to the community and if the distribution of a Timely Warning Notice is warranted. Timely Warnings also may be posted for other crime classifications and locations, as deemed necessary. Timely Warning Notices will be issued to students and employees in a manner that is timely, that withholds the names as confidential, and in a manner that aids in the prevention of future similar crimes.

Timely Warning Notices are typically written and distributed by staff in the Office of the Public safety. The Marketing and Communications office is also authorized to distribute Timely Warning Notices at the discretion of the Director of Public Safety or designee. Timely Warning notices are distributed to the University community via blast email.

The Department of Public Safety does not issue timely warnings for the above listed crimes if:

. The subject(s) apprehended and the threat of imminent danger to the SNHU community has been mitigated by the apprehension. . The University will withhold details of a timely warning that may lead to the identification of a victim of sexual violence, dating violence, domestic violence and or stalking, who does not wish to be identified.

. The University may with withhold information from a timely warning so as not to jeopardize an ongoing investigation and or the apprehension of a suspect.

. If the Public Safety department was not notified by campus security authorities in a manner that would allow the department to post a timely warning to the community.

. Unless there are extenuating circumstances, a report that is filed more than five days after the date of the alleged incident may not allow the University’s Public Safety department to post a timely warning to the community. This type of situation will be evaluated on a case-by-case basis.

Southern New Hampshire University may also issue Safety Alerts, when necessary, to apprise the community of safety issues and concerns. These safety bulletins will include safety tips and recommendations to follow so that the campus community can make informed decisions about personal safety. Unlike Timely warnings, Safety Alerts are used when no threat is present, but there is still value in informing the community.

EMERGENCY NOTIFICATION

In the event of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus, the University has at their disposal a wide variety of communication tools including:

 SNHU Alerts: a free service that automatically sends a brief text message alerting the community regarding an emergency situation to email accounts or cell phones. SNHU students, faculty, staff, and affiliates can register to receive text messages @ www.snhu.edu/126.asp

 Blast email: SNHU email system alerting students, faculty, and staff.

 Fliers: posted in residential buildings, academic buildings and support services buildings.

 SNHU Website: www.snhu.edu SNHU alerts is the University’s primary tool for emergency notifications to the members of the campus community who have registered to receive messages. SNHU alerts is focused on streamlining community communications, allowing Public Safety to immediately and simultaneously send messages to the University community via the community members preferred contact methods: text messaging and email.

Users of SNHU alerts must update their contact information annually at the start of the academic year by logging onto www.snhu.edu/126.asp

The University uses some or all of the communication tools listed above to immediately notify the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students of staff on campus.

Public Safety is responsible for confirming (with the assistance of key campus administrators, local first responders or the National Weather Service) if there is a significant emergency or dangerous situation that poses an immediate threat to the health or safety of some or all members of the University community.

Select members of the Public Safety Department and/or the University Crisis Management Team, will, without delay and taking into account the safety of the community, determine the content of any emergency notification as well as the appropriate segment of the community to receive it and will initiate SNHU alerts, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency. Subsequent notification will be sent through SNHU alerts and the other communication tools listed above as needed. Confidential Reporting Procedures

Victims of crime who do not wish to pursue action within the University or criminal justice systems can provide a confidential report. A 'Confidential Report Form' for victims to complete and submit can be found on the Department of Public Safety website at: http://www.snhu.edu/10418.asp This report will assist in providing an accurate record of the number of incidents involving our community, determine any patterns that may exist, while allowing us to alert the community to any potential danger. Reports filed in this manner are counted and disclosed in the annual statistics for the institution.

Whistleblower Policy

The Higher Education Opportunity Act (HEOA) establishes safeguards for whistleblowers by prohibiting retaliatory action against any individual with respect to the implementation of any provision of the Clery Act. The VP of Human Resources at the main campus in Manchester, NH or her designee will be assigned to communicate directly and regularly on the progress of the inquiry with the individual raising the allegations. She/he will respond to any concerns about personal retaliation or unfair treatment linked to the raising of such allegations.

Campus Emergency Response and Evacuation

In the event of an emergency situation occurring on campus which is beyond the scope of what Center staff can manage local EMS along with Nashua police and fire departments are the first responders. In the event that the emergency situation is not mitigated in a reasonable period of time and a more long term response is needed from our University Members of the University’s Crisis Management Team from the Main campus in Manchester NH will respond.

An Emergency Management Plan has been developed by University Officials and has been reviewed by Officials of the State of New Hampshire Division Public Safety as part of our ongoing effort to protect Southern New Hampshire University students, faculty and staff. The development of this plan is based on a realistic assessment of potential incidents that could affect our community and the capabilities to react to those situations. It is a comprehensive approach utilizing the Incident Command and National Incident Management System and may effectively be applied to any critical incident.

Southern New Hampshire University's Crisis Management team utilizes a “layered approach” to emergency notifications recognizing that not one method will reach all of the target audience. Some of the methods used are blast e-mails, text messages and the Universities website. These systems are used to distribute emergency notifications without delay in situations where a clear and active (e.g. in progress) threat or emergency exists that impacts the campus community and where it is recommended that the recipients take some form of action in response to the active threat or emergency.

On December 16, 2014 2014 an evacuation drill was conducted at the Nashua enter. People present in the facility successfully evacuated the building upon the activation of the audible alarm. The evacuation and subsequent education of staff members was overseen by Assistant Director of Public Safety Norm St. Onge.

Evacuations

Instructions to evacuate will be issued by University officials at the center who will work in concert with the local police/fire and EMS. Faculty, students and staff are to evacuate quickly, but in a calm and orderly fashion to a safe area. Remain calm and assist handicapped persons or those in need. Do not turn off lights or equipment and do not lock doors to a room or building. If you observe something unusual or suspicious, do not touch it and immediately notify First Responders. Remain in a safe area until receiving notification to return to the facility. In situations where the center is forced to evacuate the campus, Public Safety at the main campus will notify student’s staff and faculty that campus is CLOSED. This notification will be made through a variety of methods to include our Emergency Text Messaging via SNHU alerts, blast emails, and our University website, along with other methods of messaging.

Reporting Laws and Polices

Under NH state law, University officials must report crimes including hazing, child and elder abuse, and treatment given for gunshot wounds. In addition there is a duty on the part of employees at SNHU to report suspected cases of sexual harassment of students by employees of SNHU to supervisors and/or other appropriate individuals or offices.

While Southern New Hampshire University has no general written policy in regards to confidential reporting that allow the victim or witness to remain anonymous, the Wellness Center provides free, confidential, and accessible assistance in reporting sexual assault, sexual harassment and intimate partner violence. Persons wishing to contact Southern New Hampshire University Public Safety anonymously may call (603) 645.9700, or can fill out a form located at http://www.snhu.edu/10418.asp.

Policy regarding information that is provided to students about voluntary, confidential crime reporting procedures by pastoral and professional counselors

The staff at the Wellness Center at the main campus in Manchester, NH follows guidelines that conform to those established by American Psychological Association. In addition, relevant federal and state laws are also followed, and outlined on their web page. While the University recognizes various area clergy as Chaplains, there are no specific policies in place regarding reporting of crimes. SNHU Chaplains follow policies adopted by their respective churches, as well as relevant laws.

The Counseling Center and Pastoral services provide referral information to clients and visitors on a variety of issues, which can include how to voluntarily report crimes on a confidential basis. Uniform Crime Reports

Southern New Hampshire University maintains uniform crime reporting data and reports all crimes within the criteria established by the Uniform Crime Reporting System (NIBRS) and the Federal Bureau of Investigation. The Megan's Law information can be found at the following site: http://www.egov.nh.gov/nsor/. This is the Registered Offenders against Children New Hampshire website. Disclosure to Alleged Victims of Crimes of Violence or Non-Forcible Sex Offense Southern New Hampshire University will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the results of the disciplinary hearing conducted by the University against the student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, Southern New Hampshire University will provide the result of the disciplinary hearing to the victim’s next of kin, if so requested.

Campus Security Authorities

A Campus Security Authority is any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or campus security department; any official of the University who has significant responsibility for student and campus activities, including, but not limited to, student discipline and campus judicial proceedings. If such an official is a pastoral or professional counselor, the official is not considered a campus security authority when acting in that capacity. Campus Security Authorities are:

Maxine Marshall, Team Lead Southern New Hampshire University—Nashua Center 546 Amherst Street Nashua, NH 03063 603-881-8393 [email protected]

Amber Delph, Student Success Advocate Southern New Hampshire University – Nashua Center 546 Amherst Street Nashua, NH 03063 603-881-8393 [email protected]

Patty Sierra, Student Success Advocate Southern New Hampshire University – Nashua Center 546 Amherst Street Nashua, NH 03063 [email protected]

Sexual Assault “Bridges” of Nashua offers confidential and accessible assistance in reporting sexual or domestic violence. You can contact “Bridges” at 603-883-3044. “Bridges” offers access to antibiotics to prevent the spread of some STDs as well as emergency contraceptives to prevent unwanted pregnancy; complete a Sexual Assault Forensic Examination Kit. This kit, provided by the NH Attorney General’s Office, collects evidence that could be helpful if you decide to report the assault to the police. Kits can be completed in any NH Emergency Department without charge to the victim, even if the victim chooses not to proceed legally. If you are thinking about completing a kit, please note the following:

 Victims may choose to complete the kit anonymously. The kit will be referenced with an identification number and stored by the State for 3 months. At any time during this period, the victim can report the crime and the kit will be brought forward to the NH Crime Lab for analysis;  Evidence diminishes over time. Anyone reporting a sexual assault to emergency department personnel should be offered the option of completing an evidence collection kit up to 5 days after the assault. However, time, washing, changing one’s clothes or ―cleaning up‖ after the assault will all increase the likelihood that valuable evidence will be destroyed;  It’s important to bring a complete change of clothing if at all possible. Clothing worn at the time of the assault may contain evidence and will, in all likelihood, be taken as part of the kit.  Receive testing for date rape drugs – If you believe that you may have been drugged as part of the assault, you can ask emergency department staff to test for the presence of drugs in your system. Because date rape drugs decompose quickly within your system, blood tests must be done within 48 hours of ingesting the substance. A urine test may contain evidence up to 72 hour after ingestion; receive follow-up testing and care for pregnancy and/or STD’s.  Speak with a victim advocate from a rape crisis center. Victim advocates can provide support, advocacy, information, options and referrals.

Sexual assault is a violation of the Southern New Hampshire University’s Code of Conduct, as well as a violation of state law. Students are encouraged to report all cases of sexual assault to the Nashua Police Department (603-594-3500). Reporting a violation does not require criminal prosecution. In situations where the accused person is a student, the case may be adjudicated through the student judicial process. The judicial process provides due process protections for both the complainant and the accused student.

The complainant and respondent have an equal right to the following:

1. The right to a formal hearing to determine responsibility and appropriate sanctions; 2. The right to assistance at the hearing from an advisor; 3. The right to alternative academic scheduling if the complaining student and respondent attend classes in close proximity; and 4. The right to be notified of the outcome of the hearing and the sanction imposed.

The minimum sanction for those found responsible for sexual misconduct that includes sexual penetration as defined by NH RSA 632-A:1, V is suspension for one year or until the survivor graduates or otherwise leaves the University for an indefinite period of time, whichever is longer. For further information contact Jay Tifone, Director of Community Standards at 603.645.9708.

Campus Sex Crime Prevention Act and Duty to Report

Under the Federal Campus Sex Crimes Prevention Act, sex offenders who are otherwise required to register in a state must notify the state of each institution of higher education at which the offender is employed, enrolled as a student or carries on a vocation. If a registered sex offender is employed, enrolled or carries on a vocation at the University, the State of New Hampshire must promptly notify the University and Nashua Police Department. Under CHAPTER 651-B: REGISTRATION OF CRIMINAL OFFENDERS, a convicted sex offender, who is required to register, must inform the appropriate law enforcement authorities of his or her mailing address, place of residence or temporary domicile, and place of employment or schooling.

Members of the University community who wish to obtain information regarding registered sex offenders should contact the Nashua Police Department to review the registry. Community members may also obtain Megan's Law information from the state’s Web site at: http://www.egov.nh.gov/nsor/. This is the Registered Offenders Against Children New Hampshire website.

Crime Statistics Report

The statistical report for calendar years 2012, 2013, 2014 is shown below. The following is a list of crime definitions provided for better understanding of how statistics are counted and categorized:

Definitions (Uniform Crime Report)

In addition to the statistical profile presented at the web address and in this document, a list of definitions is included and provides basic information about each crime category.

Murder/Non-Negligent Manslaughter: the willful (non-negligent) killing of one human being by another. NOTE: Deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded

Negligent Manslaughter: the killing of another person through gross negligence. Robbery: the taking or attempting to take anything from value of the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Aggravated Assault: an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It is not necessary that injury result from an aggravated assault when a gun, knife or other weapon is used which could or probably would result in a serious potential injury if the crime were successfully completed.

Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned. An incident must meet three conditions: a) evidence of unlawful entry (trespass), b) unlawful entry must occur within a structure that has 4 walls, roof and door; c) the structure was unlawfully entered to commit a felony or theft.

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access, even though the vehicles are later abandoned - including joy riding)

Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another.

Weapon Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. Manufacture, sale, or possession of deadly weapons, carrying deadly weapons, concealed or openly, using, manufacturing, etc. silencers, furnishing deadly weapons to minors, aliens possession deadly weapons. This type of violation also applies to weapons used in a deadly manner. For example, in violation of state and local laws.

Drug Abuse Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.

Liquor Law Violations: The violation of state or local laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; underage possession, maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.) Sex Offenses- Forcible: Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.

A. Forcible Rape The carnal knowledge of a person, forcibly and/or against the person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

B. Forcible Sodomy Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

C. Sexual Assault With An Object The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

D. Forcible Fondling The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Sex Offenses- Non-forcible: Unlawful, non-forcible sexual intercourse.

A. Incest Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

B. Statutory Rape Nonforcible sexual intercourse with a person who is under the statutory age of consent.

C. Age of consent:

Age of consent in NH – (under the age of 16, unless that person is the other person’s legal spouse – NH RSA 632 – A:3). Relationships which constitute incest (ancestor, descendant, brother or sister, of the whole or half blood, or an uncle, aunt, nephew or niece; The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption NH RSA 639 – A:2.).

D. Domestic Violence Federal Definition

A felony or misdemeanor crime of violence committed: by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or a partner; by a person similarly situated to a spouse of the victim under the domestic violence laws of the jurisdiction in which the crime of violence occurred or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

E. Dating Violence Federal Definition

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For purposes of this definition Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. For the purposes of complying with the requirements of the section, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

F. Stalking Federal Definition

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: Fear for the person’s safety or the safety of others; Suffer substantial emotional distress; For the purposes of this definition; Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

HATE CRIMES

A hate crime is a criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation, gender identity, ethnicity, or national origin. Hate crimes include any offense that is motivated by bias: murder/non-negligent manslaughter, negligent manslaughter, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, destruction/damage/vandalism of property, intimidation, and simple assault.

If a hate crime occurs where there is an incident involving intimidation, vandalism, larceny, simple assault or other bodily injury, the law requires that the statistic be reported as a hate crime even though there is no requirement to report the crime classification in any other area of the compliance document.

A bias-related (hate) crime is not a separate, distinct crime, but it is the commission of a criminal offense which was motivated by the offender’s bias. For example, a subject assaults a victim, which is a crime. If the facts of the case indicate that the offender was motivated to commit the offense because of his bias against the victim’s race, sexual orientation, etc… the assault is then classified as a hate crime.

Simple Assault-An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the possession to constructive possession of another.

Destruction/Damage/Vandalism of property: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. Intimidation: to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack

LEGAL DEFINITIONS

Rape is generally defined by states as forced sexual intercourse. It may also include situations where the victim is incapable of giving consent due to incapacitation by means of disability or alcohol or other drugs. Many rapes are committed by someone the victim knows, such as a date or friend.

The complete New Hampshire rape and sexual assault offense definitions are: CHAPTER 632-A SEXUAL ASSAULT AND RELATED OFFENSES Section 632-A:1 632-A:1 Definitions. – In this chapter: I. "Actor'' means a person accused of a crime of sexual assault. I-a. "Affinity'' means a relation which one spouse because of marriage has to blood relatives of the other spouse. I-b. "Genital openings'' means the internal or external genitalia including, but not limited to, the vagina, labia majora, labia minora, vulva, urethra or perineum. I-c. "Pattern of sexual assault'' means committing more than one act under RSA 632-A:2 or RSA 632-A:3, or both, upon the same victim over a period of 2 months or more and within a period of 5 years. II. "Retaliate'' means to undertake action against the interests of the victim, including, but not limited to: (a) Physical or mental torment or abuse. (b) Kidnapping, false imprisonment or extortion. (c) Public humiliation or disgrace. III. "Serious personal injury'' means extensive bodily injury or disfigurement, extreme mental anguish or trauma, disease or loss or impairment of a sexual or reproductive organ. IV. "Sexual contact'' means the intentional touching whether directly, through clothing, or otherwise, of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification. V. (a) "Sexual penetration'' means: (1) Sexual intercourse; or (2) Cunnilingus; or (3) Fellatio; or (4) Anal intercourse; or (5) Any intrusion, however slight, of any part of the actor's body, including emissions, or any object manipulated by the actor into genital or anal openings of the victim's body; or (6) Any intrusion, however slight, of any part of the victim's body, including emissions, or any object manipulated by the victim into the oral, genital, or anal openings of the actor's body; or (7) Any act which forces, coerces, or intimidates the victim to perform any sexual penetration as defined in subparagraphs (1)-(6) on the actor, on another person, or on himself. (b) Emissions include semen, urine, and feces. Emission is not required as an element of any form of sexual penetration. (c) "Objects'' include animals as defined in RSA 644:8, II. VI. "Therapy'' means the treatment of bodily, mental, or behavioral disorders by remedial agents or methods. Source. 1975, 302:1. 1979, 127:1. 1981, 553:10. 1986, 132:2. 1992, 254:3-5. 1994, 185:1. 1998, 240:1. 1999, 177:1, eff. Aug. 30, 1999. 2008, 334:8, eff. Jan. 1, 2009.

632-A:2 Aggravated Felonious Sexual Assault. – I. A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances: (a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength. (b) When the victim is physically helpless to resist. (c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats. (d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future. (e) When the victim submits under circumstances involving false imprisonment, kidnapping or extortion. (f) When the actor, without the prior knowledge or consent of the victim, administers or has knowledge of another person administering to the victim any intoxicating substance which mentally incapacitates the victim. (g) When the actor provides therapy, medical treatment or examination of the victim and in the course of that therapeutic or treating relationship or within one year of termination of that therapeutic or treating relationship: (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or (2) Uses this position as such provider to coerce the victim to submit. (h) When, except as between legally married spouses, the victim has a disability that renders him or her incapable of freely arriving at an independent choice as to whether or not to engage in sexual conduct, and the actor knows or has reason to know that the victim has such a disability. (i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: (1) the actor is a member of the same household as the victim; or (2) the actor is related by blood or affinity to the victim. (k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit. (l) When the victim is less than 13 years of age. (m) When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act. (n) When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit under any of the following circumstances: (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation. Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense. II. A person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification. III. A person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault. IV. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in RSA 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption. V. Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "Aggravated Felonious Sexual Assault--Domestic Violence.'' Source. 1975, 302:1. 1981, 415:2, 3. 1986, 132:1. 1992, 254:6. 1994, 185:2. 1995, 66:1. 1997, 220:2. 1998, 240:2. 1999, 177:2. 2003, 226:1, 2, eff. Jan. 1, 2004. 2008, 334:13, eff. Jan. 1, 2009. 2012, 105:1, eff. July 28, 2012. 2014, 152:6, eff. Jan. 1, 2015. 632-A:3 Felonious Sexual Assault. – A person is guilty of a class B felony if such person: I. Subjects a person to sexual contact and causes serious personal injury to the victim under any of the circumstances named in RSA 632-A:2; or II. Engages in sexual penetration with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more; or III. Engages in sexual contact with a person other than his legal spouse who is under 13 years of age. IV. (a) Engages in sexual contact with the person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person and uses that authority to coerce the victim to submit under any of the following circumstances: (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation. (b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense. (c) For the purpose of this paragraph, "sexual contact'' means the intentional touching of the person's sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched. V. Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "Felonious Sexual Assault--Domestic Violence.'' Source. 1975, 302:1. 1981, 415:4. 1985, 228:4. 1997, 220:3. 2003, 226:3, 4. 2006, 162:1, eff. Jan. 1, 2007. 2008, 334:9, eff. Jan. 1, 2009. 2010, 223:1, eff. Jan. 1, 2011. 2014, 152:7, eff. Jan. 1, 2015. 632-A:4 Sexual Assault. – I. A person is guilty of a class A misdemeanor under any of the following circumstances: (a) When the actor subjects another person who is 13 years of age or older to sexual contact under any of the circumstances named in RSA 632-A:2. (b) When the actor subjects another person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age to sexual contact where the age difference between the actor and the other person is 5 years or more. (c) In the absence of any of the circumstances set forth in RSA 632-A:2, when the actor engages in sexual penetration with a person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or less. II. A person found guilty under subparagraph I(c) of this section shall not be required to register as a sexual offender under RSA 651-B. III. (a) A person is guilty of a misdemeanor if such person engages in sexual contact or sexual penetration with another person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person under any of the following circumstances: (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation. (b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense. (c) For the purpose of this paragraph, "sexual contact'' means the intentional touching of the person's sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.

IV. Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "Sexual Assault--Domestic Violence.'' Source. 1975, 302:1. 1985, 228:5. 2003, 226:5; 316:7. 2005, 290:1, eff. Jan. 1, 2006. 2008, 334:14, eff. Jan. 1, 2009. 2010, 223:2, eff. Jan. 1, 2011. 2014, 152:8, eff. Jan. 1, 2015.

Consent – Consent is the equal approval, given freely, willingly, and knowingly of each participant to desired sexual involvement. Consent is an affirmative, conscious decision – indicated clearly by words or actions-to engage in mutually accepted sexual contact. A person forced to engage in sexual contact by force, threat of force, or coercion has not consented to contact. Coercion includes unreasonably pressuring another to engage in sexual activity. Lack of mutual consent is the crucial factor in any sexual misconduct. Consent to some form of sexual activity does not necessarily constitute consent to another form of sexual activity. Silence without demonstrating permission does not constitute consent.

Consent CANNOT be given if a person’s ability to resist or consent is incapacitated because of a mental illness or physical condition or if there is a significant age or perceived power differential. Incapacitation is a state in which someone cannot make rationale, reasonable decisions because the person lacks the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). Examples include, but are not limited to being:

a. Unconscious, b. frightened, c. physically or psychologically pressured or forced, d. intimidated, e. incapacitated because of a psychological health condition, f. incapacitated because of voluntary intoxication, or g. incapacitated because of the deceptive administering of any drug, intoxicant or controlled substance.

Questions

For more information about safety on the SNHU Campus, you are encouraged to contact the Office of the Dean of Students (603) 645-9608 or the Office of Public Safety (603)645-9700. A University Official will be glad to discuss your questions and concerns.

The following is a list of location definitions provided for better understanding of how statistics are counted and categorized:

On Campus - Any building or property owned or controlled by an institution within the same reasonable contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls and any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution and controlled by another person, is frequently used by students, and supports institutional purposes (such as food or other retail vendor).

A Non-campus Building or Property - Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. On Public Property - All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

Obtaining a Copy of this Report: A hard copy of this report can be obtained by contacting Maxine Marshall, Team Lead for the Nashua Center or the office of Public safety at the Main Campus by calling: 603-645-9700 or email; [email protected]. The Following are the Reported Southern New Hampshire University—Nashua center crime statistics for Calendar years 2012, 2013 and 2014.

Clery Act Statistics— Nashua Center Offense Year Locations On Campus Residential Non-Campus Public Properties Facilities Property Property Includes residential facilities Murder, Non-negligent Manslaughter 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Negligent Manslaughter 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Sex Offenses Forcible 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Sex Offenses Non-Forcible 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0

Robbery 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Aggravated Assault 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Burglary 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Motor Vehicle Theft 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Arson 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Liquor Law Arrests 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Liquor Law Violations Referred for Disciplinary Action 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Drug Law Arrests 2012 0 0 0 0 2013 0 0 0 0 2014 0 0. 0 0 Drug Law Violations Referred for Disciplinary Action 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Illegal Weapons Arrests 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Illegal Weapons Possession Violations Referred for Disciplinary Action 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Reported Hate Crimes 2012 0 0 0 0 2013 0 0 0 0 2014 0 0 0 0 Domestic Violence

2013 0 0 0 0 2014 0 0 0 0 Dating Violence

2013 0 0 0 0 2014 0 0 0 0 Stalking

2013 0 0 0 0 2014 0 0 0 0

HATE CRIME REPORTING REQUIREMENT:

There were no incidents of hate crimes reported during the 2014 calendar year. 2011 RACE GENDER RELIGION SEXUAL ORIENTATION ETHINICITY DISABILITY OC NC RF PP OC NC RF PP OC NC RF PP OC NC RF PP OC NC RF PP OC NC RF PP

Murder/Non-Negligent Mansla ughter 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Negligent Ma nsla ughte r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Aggra va ted As sa ult 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Motor Vehicle Theft 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ars on 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Burglary 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sex Offens e Forcible 0 0 0 0 0 0 0 0 0 0 0 0 UC =ONCAMPUS 0 0 0 0 0 0 0 0 0 0 0 0 NC= NON CAMPUS Sex Offens e Non Forcible 0 0 0 0 0 0 0 0 0 0 0 0 RF= RESIDENTIAL 0 0 0 0 0 0 0 0 0 0 0 0 Larceny-Theft 0 0 0 0 0 0 0 0 0 0 0 0 PROPERTY 0 0 0 0 0 0 0 0 0 0 0 0 PP= PUBLIC PROPERTY Va ndalis m/Des truction/Dama ge of Property 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 0 0 0 0 Statistics under Residential 0 0 0 0 0 0 0 0 0 0 0 0 Facility (RF) are also Intimidation 0 0 0 0 0 0 0 0 0 0 0 0 counted in the On Campu 0 0 0 0 0 0 0 0 0 0 0 0 Othe r 0 0 0 0 0 0 0 0 0 0 0 0 (OC) crime category. The 0 0 0 0 0 0 0 0 0 0 0 0 law requires institutions to break out the number of On Campus crimes that occur in Residential Facilities

2012 RACE GENDER RELIGION SEXUAL ORIENTATION ETHINICITY DISABILITY OC NC RF PP OC NC RF PP OC NC RF PP OC NC RF PP OC NC RF PP OC NC RF PP Murder/Non-Negligent Mansla ughter 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Negligent Ma nsla ughte r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Aggra va ted As sa ult 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Motor Vehicle Theft 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ars on 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Burglary 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sex Offens e Forcible 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sex Offens e Non Forcible 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Larceny-Theft 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Va ndalis m/Des truction/Dama ge of Property 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Intimidation 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Othe r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2013 RACE GENDER RELIGION SEXUAL ORIENTATION ETHINICITY DISABILITY OC NC RF PP OC NC RF PP OC NC RF PP OC NC RF PP OC NC RF PP OC NC RF PP Murder/Non-Negligent Mansla ughter 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Negligent Ma nsla ughte r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Robbery 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Aggra va ted As sa ult 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Motor Vehicle Theft 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ars on 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Burglary 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sex Offens e Forcible 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sex Offens e Non Forcible 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Larceny-Theft 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Va ndalis m/Des truction/Dama ge of Property 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Intimidation 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Othe r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE AND STALKING

Southern New Hampshire University Student Handbook prohibits sexually violent acts, termed “Sexual Misconduct” by the University, which can be crimes as well. Sexual misconduct includes non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, interpersonal/relationship violence, sex/gender-based stalking, and sexual harassment. While Southern New Hampshire University utilizes different standards and definitions than the University’s Code, sexual misconduct often overlaps with the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence. Victims of these behaviors are protected by federal laws, specifically Title IX, and the Clery Act, which mandates the contents of this report. It is the policy of Southern New Hampshire University not to notify local law enforcement when sexual misconduct occurs, typically without providing identifying information about the incident, unless a victim wishes that information to be shared, or an emergency requires disclosure. Victims have the option to notify law enforcement directly, or to be assisted in doing so by campus authorities. If requested, campus officials can facilitate reporting to campus or local law enforcement, but may also respect a victim’s request not to do so. In an effort to reduce the risk of sexual misconduct as well as the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence occurring among its students, the University utilizes a range of campaigns, strategies, and initiatives to promote awareness, educational, risk reduction, and prevention programming. It is the policy of the University to offer programming to identify and prevent domestic violence, dating violence, sexual assault (including stranger and known offender assaults), and stalking each year. Educational programs are offered to raise awareness for all incoming students and employees, and are often conducted during new student and new employee orientation and throughout an incoming student’s first semester. Programs and other campaigns offered throughout the year to all students and employees include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management, and bystander intervention), and discuss institutional policies on sexual misconduct as well as the New Hampshire definitions of domestic violence, dating violence, sexual assault, stalking, and consent in reference to sexual activity. Programs also offer information on risk reduction that strives to empower victims, how to recognize warning signals and how to avoid potential attacks, and do so without victim-blaming approaches. Programs are informed by evidence-based research and/or are assessed for their effectiveness. Bystander engagement is encouraged through safe and positive intervention techniques and by empowering third-party intervention and prevention such as calling for help, using intervention-based apps, identifying allies, and/or creating distractions. Bystander empowerment training highlights the need for those who intervene to ensure their own safety in the intervention techniques they choose, and motivates them to intervene as stakeholders in the safety of the community when others might choose to be bystanders. In the event that sexual misconduct, gender-based violence, or the crimes of sexual assault, stalking, dating violence, or domestic violence do occur, the University takes the matter very seriously. The University employs interim protection measures such as interim suspensions and/or no contact orders in any case where a student’s behavior represents a risk of violence, threat, pattern, or predation. If a student is accused of sexual misconduct, other gender-based violence, or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence, s/he is subject to action in accordance with the Student Handbook. A student wishing to officially report such an incident may do so by contacting the office of Public Safety at 603.645.9700 or a Campus Security Authority located on the Nashua Campus. The Campus Security Authorities are Maxine Marshall – Student Success Team Lead, Amber Delph – Student Success Advocate, and Patty Sierra – Student Success Advocate. Anyone with knowledge about sexual misconduct, gender-based violence, or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence is encouraged to report it immediately. Protective measures for victims are available from the campus whether a victim chooses to report to local and/or campus law enforcement, and irrespective of whether a victim pursues a formal complaint through the University resolution process. If you are the victim of sexual misconduct, gender-based violence, or the crimes of rape, acquaintance rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence, some or all of these safety suggestions may guide you after an incident has occurred:

1. Go to a safe place and speak with someone you trust. Tell this person what happened. If there is any immediate danger, contact the Nashua Police Department at 603.594.3500 if you are on campus or call 911 if you are off campus.

2. Consider securing immediate professional support (e.g., counseling, victim advocacy, medical services, etc.) to assist you in the crisis.

3. If you are on campus during regular business hours or after hours you may go to “Bridges” of Nashua which offers confidential and accessible assistance in reporting sexual or domestic violence. You can contact “Bridges” at 603-883-3044. “Bridges” offers access to antibiotics to prevent the spread of some STDs as well as emergency contraceptives to prevent unwanted pregnancy; complete a Sexual Assault Forensic Examination Kit. This kit, provided by the NH Attorney General’s Office, collects evidence that could be helpful if you decide to report the assault to the police. Kits can be completed in any NH Emergency Department without charge to the victim, even if the victim chooses not to proceed legally. This is a confidential resource. In any situation where a victim wishes, local resources are also available and may be able to provide confidential assistance at this location.

4. For your safety and well-being, immediate medical attention is encouraged. Further, being examined as soon as possible, ideally within 120 hours, is important in the case of rape or sexual assault. The hospital will arrange for a specific medical examination at no charge or can work with you to arrange state reimbursement.  To preserve evidence, it is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate, or change clothes before receiving medical attention. Even if you have already taken any of these actions, you are still encouraged to have prompt medical care, and evidence may still be recoverable.

 Typically, if police are involved or will be involved, they will obtain evidence from the scene, and it is best to leave things undisturbed until their arrival. They will gather bedding, linens or unlaundered clothing, and any other pertinent articles that may be used for evidence. It is best to allow police to secure items in evidence containers, but if you are involved in transmission of items of evidence, such as to the hospital, secure them in a clean paper bag or clean sheet to avoid contamination.

 If you have physical injuries, photograph or have them photographed, with a date stamp on the photo.

 Record the names of any witnesses and their contact information. This information may be helpful as proof of a crime, to obtain an order of protection, or to offer proof of a campus policy violation.

 Try to memorize details (e.g., physical description, names, license plate number, car description, etc.), or even better, write notes to remind you of details, if you have time and the ability to do so.

 If you obtain external orders please notify the Campus Security Authorities. Maxine Marshall – Student Success Team Lead, Amber Delph – Student Success Advocate, Patty Sierra – Student Success Advocate so that those orders can be observed on campus. 5. Even after the immediate crisis has passed, consider seeking support from “Bridges” of Nashua which offers confidential and accessible assistance in reporting sexual or domestic violence. You can contact “Bridges” at 603-883-3044. 6. Contact the Campus Security Authorities Maxine Marshall – Student Success Team Lead, Amber Delph – Student Success Advocate, Patty Sierra – Student Success Advocate if you need assistance with Southern New Hampshire University concerns, such as no-contact orders or other protective measures. The Title IX Coordinator, McCeil Johnson, 603.645.9664or the Deputy Coordinators Danielle Stanton 603.645.3125 and/or Heather Lorenz at 603.645.2138 will also assist in any needed advocacy for student who wishes to obtain protective or restraining orders from local authorities. The University is able to offer reasonable academic supports, changes to living arrangements, transportation resources or modifications, escorts, no contact orders, counseling services access, and other supports and resources as needed by a victim. The University is able to offer information about legal assistance, visa/immigration assistance, and student financial aid considerations for victims.

LEGAL DEFINITIONS

Rape is generally defined by states as forced sexual intercourse. It may also include situations where the victim is incapable of giving consent due to incapacitation by means of disability or alcohol or other drugs. Many rapes are committed by someone the victim knows, such as a date or friend.

The complete New Hampshire rape and sexual assault offense definitions are: CHAPTER 632-A SEXUAL ASSAULT AND RELATED OFFENSES Section 632-A:1 632-A:1 Definitions. – In this chapter: I. "Actor'' means a person accused of a crime of sexual assault. I-a. "Affinity'' means a relation which one spouse because of marriage has to blood relatives of the other spouse. I-b. "Genital openings'' means the internal or external genitalia including, but not limited to, the vagina, labia majora, labia minora, vulva, urethra or perineum. I-c. "Pattern of sexual assault'' means committing more than one act under RSA 632-A:2 or RSA 632-A:3, or both, upon the same victim over a period of 2 months or more and within a period of 5 years. II. "Retaliate'' means to undertake action against the interests of the victim, including, but not limited to: (a) Physical or mental torment or abuse. (b) Kidnapping, false imprisonment or extortion. (c) Public humiliation or disgrace. III. "Serious personal injury'' means extensive bodily injury or disfigurement, extreme mental anguish or trauma, disease or loss or impairment of a sexual or reproductive organ. IV. "Sexual contact'' means the intentional touching whether directly, through clothing, or otherwise, of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification. V. (a) "Sexual penetration'' means: (1) Sexual intercourse; or (2) Cunnilingus; or (3) Fellatio; or (4) Anal intercourse; or (5) Any intrusion, however slight, of any part of the actor's body, including emissions, or any object manipulated by the actor into genital or anal openings of the victim's body; or (6) Any intrusion, however slight, of any part of the victim's body, including emissions, or any object manipulated by the victim into the oral, genital, or anal openings of the actor's body; or (7) Any act which forces, coerces, or intimidates the victim to perform any sexual penetration as defined in subparagraphs (1)-(6) on the actor, on another person, or on himself. (b) Emissions include semen, urine, and feces. Emission is not required as an element of any form of sexual penetration. (c) "Objects'' include animals as defined in RSA 644:8, II. VI. "Therapy'' means the treatment of bodily, mental, or behavioral disorders by remedial agents or methods. Source. 1975, 302:1. 1979, 127:1. 1981, 553:10. 1986, 132:2. 1992, 254:3-5. 1994, 185:1. 1998, 240:1. 1999, 177:1, eff. Aug. 30, 1999. 2008, 334:8, eff. Jan. 1, 2009.

632-A:2 Aggravated Felonious Sexual Assault. – I. A person is guilty of the felony of aggravated felonious sexual assault if such person engages in sexual penetration with another person under any of the following circumstances: (a) When the actor overcomes the victim through the actual application of physical force, physical violence or superior physical strength. (b) When the victim is physically helpless to resist. (c) When the actor coerces the victim to submit by threatening to use physical violence or superior physical strength on the victim, and the victim believes that the actor has the present ability to execute these threats. (d) When the actor coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim believes that the actor has the ability to execute these threats in the future. (e) When the victim submits under circumstances involving false imprisonment, kidnapping or extortion. (f) When the actor, without the prior knowledge or consent of the victim, administers or has knowledge of another person administering to the victim any intoxicating substance which mentally incapacitates the victim. (g) When the actor provides therapy, medical treatment or examination of the victim and in the course of that therapeutic or treating relationship or within one year of termination of that therapeutic or treating relationship: (1) Acts in a manner or for purposes which are not professionally recognized as ethical or acceptable; or (2) Uses this position as such provider to coerce the victim to submit. (h) When, except as between legally married spouses, the victim has a disability that renders him or her incapable of freely arriving at an independent choice as to whether or not to engage in sexual conduct, and the actor knows or has reason to know that the victim has such a disability. (i) When the actor through concealment or by the element of surprise is able to cause sexual penetration with the victim before the victim has an adequate chance to flee or resist. (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and: (1) the actor is a member of the same household as the victim; or (2) the actor is related by blood or affinity to the victim. (k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit. (l) When the victim is less than 13 years of age. (m) When at the time of the sexual assault, the victim indicates by speech or conduct that there is not freely given consent to performance of the sexual act. (n) When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit under any of the following circumstances: (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation. Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense. II. A person is guilty of aggravated felonious sexual assault without penetration when he intentionally touches whether directly, through clothing, or otherwise, the genitalia of a person under the age of 13 under circumstances that can be reasonably construed as being for the purpose of sexual arousal or gratification. III. A person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault. IV. A person is guilty of aggravated felonious sexual assault when such person engages in sexual penetration as defined in RSA 632-A:1, V with another person under 18 years of age whom such person knows to be his or her ancestor, descendant, brother or sister of the whole or half blood, uncle, aunt, nephew, or niece. The relationships referred to herein include blood relationships without regard to legitimacy, stepchildren, and relationships of parent and child by adoption. V. Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "Aggravated Felonious Sexual Assault--Domestic Violence.'' Source. 1975, 302:1. 1981, 415:2, 3. 1986, 132:1. 1992, 254:6. 1994, 185:2. 1995, 66:1. 1997, 220:2. 1998, 240:2. 1999, 177:2. 2003, 226:1, 2, eff. Jan. 1, 2004. 2008, 334:13, eff. Jan. 1, 2009. 2012, 105:1, eff. July 28, 2012. 2014, 152:6, eff. Jan. 1, 2015. 632-A:3 Felonious Sexual Assault. – A person is guilty of a class B felony if such person: I. Subjects a person to sexual contact and causes serious personal injury to the victim under any of the circumstances named in RSA 632-A:2; or II. Engages in sexual penetration with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more; or III. Engages in sexual contact with a person other than his legal spouse who is under 13 years of age. IV. (a) Engages in sexual contact with the person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person and uses that authority to coerce the victim to submit under any of the following circumstances: (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation. (b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense. (c) For the purpose of this paragraph, "sexual contact'' means the intentional touching of the person's sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched. V. Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "Felonious Sexual Assault--Domestic Violence.'' Source. 1975, 302:1. 1981, 415:4. 1985, 228:4. 1997, 220:3. 2003, 226:3, 4. 2006, 162:1, eff. Jan. 1, 2007. 2008, 334:9, eff. Jan. 1, 2009. 2010, 223:1, eff. Jan. 1, 2011. 2014, 152:7, eff. Jan. 1, 2015. 632-A:4 Sexual Assault. – I. A person is guilty of a class A misdemeanor under any of the following circumstances: (a) When the actor subjects another person who is 13 years of age or older to sexual contact under any of the circumstances named in RSA 632-A:2. (b) When the actor subjects another person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age to sexual contact where the age difference between the actor and the other person is 5 years or more. (c) In the absence of any of the circumstances set forth in RSA 632-A:2, when the actor engages in sexual penetration with a person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or less. II. A person found guilty under subparagraph I(c) of this section shall not be required to register as a sexual offender under RSA 651-B. III. (a) A person is guilty of a misdemeanor if such person engages in sexual contact or sexual penetration with another person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person under any of the following circumstances: (1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; or (2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation. (b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense. (c) For the purpose of this paragraph, "sexual contact'' means the intentional touching of the person's sexual or intimate parts, including genitalia, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.

IV. Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "Sexual Assault--Domestic Violence.'' Source. 1975, 302:1. 1985, 228:5. 2003, 226:5; 316:7. 2005, 290:1, eff. Jan. 1, 2006. 2008, 334:14, eff. Jan. 1, 2009. 2010, 223:2, eff. Jan. 1, 2011. 2014, 152:8, eff. Jan. 1, 2015. Consent – Consent is the equal approval, given freely, willingly, and knowingly of each participant to desired sexual involvement. Consent is an affirmative, conscious decision – indicated clearly by words or actions-to engage in mutually accepted sexual contact. A person forced to engage in sexual contact by force, threat of force, or coercion has not consented to contact. Coercion includes unreasonably pressuring another to engage in sexual activity. Lack of mutual consent is the crucial factor in any sexual misconduct. Consent to some form of sexual activity does not necessarily constitute consent to another form of sexual activity. Silence without demonstrating permission does not constitute consent.

Consent CANNOT be given if a person’s ability to resist or consent is incapacitated because of a mental illness or physical condition or if there is a significant age or perceived power differential. Incapacitation is a state in which someone cannot make rationale, reasonable decisions because the person lacks the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). Examples include, but are not limited to being:

a. Unconscious, b. frightened, c. physically or psychologically pressured or forced, d. intimidated, e. incapacitated because of a psychological health condition, f. incapacitated because of voluntary intoxication, or g. incapacitated because of the deceptive administering of any drug, intoxicant or controlled substance.

OTHER SEXUAL OFFENSES Sex Offenders In accordance to the Campus Sex Crimes Prevention Act of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, the University is providing a link to the New Hampshire State Sex Offender Registry. All sex offenders are required to register in the state of New Hampshire and to provide notice of each institution of higher education in New Hampshire at which the person is employed, carries out a vocation, or is a student. http://www.nh.gov/safety/divisions/nhsp/offenders/disclaimer.html

In addition to the above notice to the State of New Hampshire, all sex offenders are required to deliver written notice of their status as a sex offender to the University’s Office of Public Safety (603.645.9700) located at 2503 North River Road Manchester, NH. 03106, no later than three (3) business days prior to their enrollment in, employment with, volunteering at, or residence in the University. Such notification may be disseminated by the University to, and for the safety and well-being of, the Southern New Hampshire University community, and may be considered by the University for enrollment and discipline purposes.

Student Handbook Prohibited Conduct and Policy Definitions of Sex Offenses

Prohibited Conduct

The university prohibits all forms of sexual harassment, sexual assault and sexual misconduct, whether perpetrated by a stranger or acquaintance, whether occurring on or off campus and whether directed against a member of the university community or outside the university. Sexual misconduct is any sex discrimination that can include sexual harassment and sexual violence/assault. Sexual violence/assault occurs without consent. Consent must be communicated, mutual, non-coercive and given free of force or threat of force. A person who is physically or mentally incapacitated by drugs, alcohol, due to an intellectual or other disability or other circumstances may not be capable of giving consent. Alleged violations are investigated and processed in accordance with the discipline process outlined in the Student Handbook.

Prohibited behavior includes but is not limited to the following policies:

Dating and Domestic Violence

The university specifically prohibits violence within a romantic or dating relationship. This can include physical harm, or placing the partner in fear of imminent serious physical harm. The determination of the relationship status will be made by university staff based on a number of criteria including length and type of relationship, or current or past living arrangements.

Sexual Misconduct Sexual harassment involves the unwelcome introduction of sexual activities or comments into an inappropriate environment. Both forms of sex discrimination are prohibited. Whether on or off-campus, all students are prohibited from the following: (major) 1. Any type of sexual conduct that occurs without the consent of each person involved. This includes but is not limited of the following non-consensual acts: a. the deliberate touching of a person’s intimate parts (including genitalia, groin, breast or buttocks, or clothing covering any of those areas), or use of force to cause a person to touch his or own or another persons’ intimate parts b. penetration (anal, oral or vaginal) by any human part or inanimate object 2. Unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when: a. submission to or rejection of such advances, requests or conduct becomes an explicit or implicit criterion for granting privileges or favorable treatment 3. Repeated and unwelcome behavior, advances, sexual comments or inappropriate conduct so severe and pervasive that it unreasonably interferes with a person’s academic performance or equal opportunity to participate in or benefit from university programs or activities. This can include, but is not limited to the following behavior: a. offensive sexual flirtations, advances or propositions b. verbal abuse or innuendo of a sexual nature c. physical contact such as touching, hugging, patting or pinching d. verbal comments, gestures, sounds or jokes of a sexual nature, including those about an individual’s body or sexual terms used to describe an individual e. open, offensive display of sexually suggestive objects or pictures, or indecent exposure

Stalking

Behavior and or electronic interactions wherein an individual willfully and repeatedly engages in a knowing course of harassing conduct directed at another person which reasonably and seriously alarms, torments, or causes the victim to suffer substantial emotional distress, is prohibited. (major)

Sexual Harassment

Sexual harassment is a form of misconduct that undermines the integrity of the academic environment. It is the policy of the University that sexual harassment is prohibited. All members of the University community, especially officers, faculty, and other individuals who exercise supervisory authority, have an obligation to promote an environment that is free of sexual harassment. Sexual harassment is defined as:

Sexual Misconduct

Sexual harassment involves the unwelcome introduction of sexual activities or comments into an inappropriate environment. Both forms of sex discrimination are prohibited. Whether on or off-campus, all community members are prohibited from the following: 1. Any type of sexual conduct that occurs without the consent of each person involved. This includes but is not limited to the following non-consensual acts: 1. the deliberate touching of a person’s intimate parts (including genitalia, groin, breast or buttocks, or clothing covering any of those areas), or use of force to cause a person to touch his or own or another persons’ intimate parts 2. penetration (anal, oral or vaginal) by any human part or inanimate object 2. Unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when: 1. submission to or rejection of such advances, requests or conduct becomes an explicit or implicit criterion for granting privileges or favorable treatment 3. Repeated and unwelcome behavior, advances, sexual comments or inappropriate conduct so severe and pervasive that it unreasonably interferes with a person’s academic performance or equal opportunity to participate in or benefit from university programs or activities. This can include, but is not limited to the following behavior: 1. offensive sexual flirtations, advances or propositions 2. verbal abuse or innuendo of a sexual nature 3. physical contact such as touching, hugging, patting or pinching 4. verbal comments, gestures, sounds or jokes of a sexual nature, including those about an individual’s body or sexual terms used to describe an individual 5. open, offensive display of sexually suggestive objects or pictures, or indecent exposure

Any complaints or inquiries regarding sexual harassment of a student by an officer, faculty member, or staff member should be brought to the immediate attention of McCeil Johnson the Title IX Coordinator (603.645.9664) or the office of Public Safety (603.645.9700). Any complaints or inquiries regarding sexual harassment of a student by another student should be brought to the immediate attention of McCeil Johnson the Title IX Coordinator (603.645.9664) or the office of Public Safety (603.645.9700). The University will investigate such claims promptly and thoroughly. If, for any reason, a student wishes to complain or inquire regarding sexual harassment, but feels it would not be appropriate to raise such issues with the McCeil Johnson the Title IX Coordinator or the Office of Public Safety, the student may inquire or complain to the Deputy Title IX Coordinators Heather Lorenz (603.645.2138) and or Danielle Stanton (603.645.3125) or any officer of the University at the level of Vice President or above, and such inquiries or complaints will receive a prompt and thorough investigation. If harassment is established, the University will discipline the offender. Disciplinary action for violations of this policy can range from verbal or written warnings, up to and including immediate termination from employment or dismissal from the University for serious or repeated violations. NEW HAMPSHIRE

TITLE LXII CRIMINAL CODE CHAPTER 631 ASSAULT AND RELATED OFFENSES Section 631:2-b 631:2-b Domestic Violence. – I. A person is guilty of domestic violence if the person commits any of the following against a family or household member or intimate partner: (a) Purposely or knowingly causes bodily injury or unprivileged physical contact against another by use of physical force; (b) Recklessly causes bodily injury to another by use of physical force; (c) Negligently causes bodily injury to another by means of a deadly weapon; (d) Uses or attempts to use physical force, or by physical conduct threatens to use a deadly weapon for the purpose of placing another in fear of imminent bodily injury; (e) Threatens to use a deadly weapon against another person for the purpose to terrorize that person; (f) Coerces or forces another to submit to sexual contact by using physical force or physical violence; (g) Threatens to use physical force or physical violence to cause another to submit to sexual contact and the victim believes the actor has the present ability to execute the threat; (h) Threatens to use a deadly weapon to cause another to submit to sexual contact and the victim believes the actor has the present ability to carry out the threat; (i) Confines another unlawfully, as defined in RSA 633:2, by means of physical force or the threatened use of a deadly weapon, so as to interfere substantially with his or her physical movement; (j) Knowingly violates a term of a protective order issued pursuant to RSA 173-B:4, I by means of the use or attempted use of physical force or the threatened use of a deadly weapon; (k) Uses physical force or the threatened use of a deadly weapon against another to block that person's access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with: (1) The report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or (2) A request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider. II. Domestic violence is a class A misdemeanor unless the person uses or threatens to use a deadly weapon as defined in RSA 625:11, V, in the commission of an offense, in which case it is a class B felony. III. For purposes of this section: (a) "Family or household member'' means: (1) The actor's spouse or former spouse; (2) A person with whom the actor is cohabiting as a spouse, parent, or guardian; (3) A person with whom the actor cohabited as a spouse, parent, or guardian but no longer shares the same residence; (4) An adult with whom the actor is related by blood or marriage; or (5) A person with whom the actor shares a child in common. (b) "Intimate partner'' means a person with whom the actor is currently or was formerly involved in a romantic relationship, regardless of whether or not the relationship was sexually consummated. IV. Upon conviction and sentencing, the court shall document on the sentencing form the specific nature of the relationship between the defendant and the victim, by reference to subparagraphs III(a)(1)-(5) and III(b). V. In addition to any other penalty authorized by law, the court shall levy a fine of $50 for each conviction under this section. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this section shall not be subject to an additional penalty assessment. The clerk shall forward all fines collected under this paragraph to the department of health and human services for the purposes of RSA 173-B:15. Source. 2014, 152:2, eff. Jan. 1, 2015. 2015, 244:1, eff. July 1, 2015. TITLE LXII CRIMINAL CODE CHAPTER 633 INTERFERENCE WITH FREEDOM Section 633:3-a 633:3-a Stalking. – I. A person commits the offense of stalking if such person: (a) Purposely, knowingly, or recklessly engages in a course of conduct targeted at a specific person which would cause a reasonable person to fear for his or her personal safety or the safety of a member of that person's immediate family, and the person is actually placed in such fear; (b) Purposely or knowingly engages in a course of conduct targeted at a specific individual, which the actor knows will place that individual in fear for his or her personal safety or the safety of a member of that individual's immediate family; or (c) After being served with, or otherwise provided notice of, a protective order pursuant to RSA 173-B, RSA 458:16, or paragraph III-a of this section, or an order pursuant to RSA 597:2 that prohibits contact with a specific individual, purposely, knowingly, or recklessly engages in a single act of conduct that both violates the provisions of the order and is listed in paragraph II(a).

II. As used in this section: (a) "Course of conduct'' means 2 or more acts over a period of time, however short, which evidences a continuity of purpose. A course of conduct shall not include constitutionally protected activity, nor shall it include conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct may include, but not be limited to, any of the following acts or a combination thereof: (1) Threatening the safety of the targeted person or an immediate family member. (2) Following, approaching, or confronting that person, or a member of that person's immediate family. (3) Appearing in close proximity to, or entering the person's residence, place of employment, school, or other place where the person can be found, or the residence, place of employment or school of a member of that person's immediate family. (4) Causing damage to the person's residence or property or that of a member of the person's immediate family. (5) Placing an object on the person's property, either directly or through a third person, or that of an immediate family member. (6) Causing injury to that person's pet, or to a pet belonging to a member of that person's immediate family. (7) Any act of communication, as defined in RSA 644:4, II. (b) "Immediate family'' means father, mother, stepparent, child, stepchild, sibling, spouse, or grandparent of the targeted person, any person residing in the household of the targeted person, or any person involved in an intimate relationship with the targeted person. III. [Repealed.] III-a. A person who has been the victim of stalking as defined in this section may seek relief by filing a civil petition in the district court in the district where the plaintiff or defendant resides. Upon a showing of stalking by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of stalking. The types of relief that may be granted, the procedures and burdens of proof to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and the penalties for violation thereof shall be the same as those set forth in RSA 173-B. III-b. The minority of a plaintiff or defendant shall not preclude the court from issuing protective orders under this section. III-c. Any order under this section shall be for a fixed period of time not to exceed one year, but may be extended by order of the court upon a motion by the plaintiff, showing good cause, with notice to the defendant, for one year after the expiration of the first order and thereafter each extension may be for up to 5 years, upon the request of the plaintiff and at the discretion of the court. The court shall review the order, and each renewal thereof and shall grant such relief as may be necessary to provide for the safety and well-being of the plaintiff. A defendant shall have the right to a hearing on the extension of any order under this paragraph to be held within 30 days of the extension. The court shall state in writing, at the respondent's request, its reason or reasons for granting the extension. The court shall retain jurisdiction to enforce and collect the financial support obligation which accrued prior to the expiration of the protective order. III-d. (a) A protective order issued pursuant to this section, RSA 173-B:4, or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney's behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; and ensures that any personal contact with the plaintiff occurs outside of the defendant's presence, unless the court has modified the protective order to permit such contact. (b) A no-contact provision in a protective order issued pursuant to this section shall not be construed to: (1) Prevent contact between counsel for represented parties; or (2) Prevent a party from appearing at a scheduled court or administrative hearing; or (3) Prevent a defendant or defendant's counsel from sending the plaintiff copies of any legal pleadings filed in court relating to the domestic violence petition or related civil or criminal matters. (c) A violation of this paragraph may result in a finding of contempt of court. IV. In any complaint, information, or indictment brought for the enforcement of any provision of this statute, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained herein and the burden of proof of any exception, excuse, proviso, or exemption shall be upon the defendant. V. Any law enforcement officer may arrest, without a warrant, any person that the officer has probable cause to believe has violated the provisions of this section when the offense occurred within 12 hours, regardless of whether the crime occurred in the presence of the officer. A law enforcement officer shall arrest a person when he has probable cause to believe a violation of the provisions of this section has occurred within the last 12 hours when the offense involves a violation of a protective order issued pursuant to RSA 173-B, RSA 458:16, or paragraph III-a of this section. VI. (a) Any person convicted of a violation of this section and who has one or more prior stalking convictions in this state or another state when the second or subsequent offense occurs within 7 years following the date of the first or prior offense shall be guilty of a class B felony. (b) In all other cases, any person who is convicted of a violation of this section shall be guilty of a class A misdemeanor. VII. If any provision or application of this section or the application thereof to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable. VIII. Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "Stalking--Domestic Violence.'' Source. 1993, 173:2. 1994, 101:1. 1997, 242:1, 2, 3, 4. 2000, 151:1, 2. 2002, 62:1; 79:5. 2005, 284:2. 2006, 214:2, eff. July 31, 2006. 2014, 152:10, eff. Jan. 1, 2015; 204:43, eff. Jan. 1, 2015. TITLE XII PUBLIC SAFETY AND WELFARE CHAPTER 173-B PROTECTION OF PERSONS FROM DOMESTIC VIOLENCE Section 173-B:1 173-B:1 Definitions. – In this chapter: I. "Abuse'' means the commission or attempted commission of one or more of the acts described in subparagraphs (a) through (h) by a family or household member or by a current or former sexual or intimate partner, where such conduct is determined to constitute a credible present threat to the petitioner's safety. The court may consider evidence of such acts, regardless of their proximity in time to the filing of the petition, which, in combination with recent conduct, reflects an ongoing pattern of behavior which reasonably causes or has caused the petitioner to fear for his or her safety or well-being: (a) Assault or reckless conduct as defined in RSA 631:1 through RSA 631:3. (b) Criminal threatening as defined in RSA 631:4. (c) Sexual assault as defined in RSA 632-A:2 through RSA 632-A:5. (d) Interference with freedom as defined in RSA 633:1 through RSA 633:3-a. (e) Destruction of property as defined in RSA 634:1 and RSA 634:2. (f) Unauthorized entry as defined in RSA 635:1 and RSA 635:2. (g) Harassment as defined in RSA 644:4. (h) Cruelty to animals as defined in RSA 644:8. II. "Applicant'' means any private, town, city, or regional agency or organization applying for funds under RSA 173-B:16. III. "Commissioner'' means the commissioner of the department of health and human services. IV. "Contact'' means any action to communicate with another either directly or indirectly, including, but not limited to, using any form of electronic communication, leaving items, or causing another to communicate in such fashion. V. "Coordinator'' means the agency or organization appointed by the commissioner to administer the domestic violence grant program. VI. "Cross orders for relief'' means separate orders granted to parties in a domestic violence situation where each of the parties has filed a petition pursuant to this chapter on allegations arising from the same incident or incidents of domestic violence. VII. "Deadly weapon'' means "deadly weapon'' as defined in RSA 625:11, V. VIII. "Department'' means the department of health and human services. IX. "Domestic violence'' means abuse as defined in RSA 173-B:1, I. X. "Family or household member'' means: (a) Spouses, ex-spouses, persons cohabiting with each other, and persons who cohabited with each other but who no longer share the same residence. (b) Parents and other persons related by consanguinity or affinity, other than minor children who reside with the defendant. XI. "Firearm'' means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by force of gunpowder. XII. "Foreign protective order'' means an order enforceable under RSA 173-B:13. XIII. "Fund'' means the special fund for domestic violence programs established by RSA 173- B:15. XIV. "Grantee'' means any private, town, city, or regional agency or organization receiving funds under RSA 173-B:16. XV. "Intimate partners'' means persons currently or formerly involved in a romantic relationship, whether or not such relationship was ever sexually consummated. XVI. "Mutual order for relief'' means an order restraining both parties from abusing the other originating from a petition filed by one of the parties and arising from the same incident or incidents of domestic violence. XVII. "Program'' means services or facilities provided to domestic violence victims. Source. 1999, 240:3. 2010, 289:1, eff. Jan. 1, 2011. 2014, 238:1, 2, eff. July 21, 2014. Section 173-B:2 173-B:2 Jurisdiction and Venue. – I. The district division and the judicial branch family division of the circuit courts shall have concurrent jurisdiction over all proceedings under this chapter. II. If the plaintiff has left the household or premises to avoid further abuse, the plaintiff shall have the option to commence proceedings pursuant to RSA 173-B:3 in the county or district where the plaintiff temporarily resides. III. Proceedings under this chapter may be transferred to another court upon the motion of any party or of the court as the interests of justice or the convenience of the parties may require. IV. [Repealed.] Source. 1999, 240:3. 2013, 62:1, 10, I, eff. Jan. 1, 2014. Section 173-B:3 173-B:3 Commencement of Proceedings; Hearing. – I. Any person may seek relief pursuant to RSA 173-B:5 by filing a petition, in the county or district where the plaintiff or defendant resides, alleging abuse by the defendant. Any person filing a petition containing false allegations of abuse shall be subject to criminal penalties. Notice of the pendency of the action and of the facts alleged against the defendant shall be given to the defendant, either personally or as provided in paragraph III. The plaintiff shall be permitted to supplement or amend the petition only if the defendant is provided an opportunity prior to the hearing to respond to the supplemental or amended petition. All petitions filed under this section shall include the home and work telephone numbers of the defendant, if known. Notice of the whereabouts of the plaintiff shall not be revealed except by order of the court for good cause shown. Any answer by the defendant shall be filed with the court and a copy shall be provided to the plaintiff by the court. II. (a) The minority of the plaintiff shall not preclude the court from issuing protective orders against a present or former intimate partner, spouse, or ex-spouse under this chapter. (b) A minor plaintiff need not be accompanied by a parent or guardian to receive relief or services under this chapter. III. No filing fee or fee for service of process shall be charged for a petition or response under this section, and the plaintiff or defendant may proceed without legal counsel. Either a peace officer or the sheriff's department shall serve process under this section. Any proceeding under this chapter shall not preclude any other available civil or criminal remedy. IV. The clerks of the circuit courts shall supply forms for petitions and for relief under this chapter designed to facilitate pro se proceedings. All such petitions shall contain the following words: I swear that the foregoing information is true and correct to the best of my knowledge. I understand that making a false statement on this petition will subject me to criminal penalties. V. [Repealed.] VI. The findings of facts shall be final, but questions of law may be transferred from the circuit court to the supreme court. VII. (a) The court shall hold a hearing within 30 days of the filing of a petition under this section or within 10 days of service of process upon the defendant, whichever occurs later. (b) The time frame established in this paragraph may be extended for an additional 10 days upon motion by either party for good cause shown. A recusal by the judge or any act of God or closing of the court that interferes with the originally scheduled hearing shall not be cause for the dismissal of the petition. The court shall reschedule any hearing under this section in an expeditious manner. VIII. In any proceeding under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material. Source. 1999, 240:3. 2007, 284:1. 2013, 62:2, 3, 10, II, eff. Jan. 1, 2014. Section 173-B:4 173-B:4 Temporary Relief. – I. Upon a showing of an immediate and present danger of abuse, the court may enter temporary orders to protect the plaintiff with or without actual notice to defendant. The court may issue such temporary orders by telephone or facsimile. Such telephonically issued orders shall be made by a circuit court judge to a law enforcement officer, shall be valid in any jurisdiction in the state, and shall be effective until the close of the next regular court business day. Such orders shall be returnable to the circuit court where the plaintiff resides or to which the plaintiff has fled, unless otherwise ordered by the issuing judge. If non-telephonic temporary orders are made ex parte, the party against whom such relief is issued may file a written request with the clerk of the court and request a hearing on such orders. Such hearing shall be held no less than 3 business days and no more than 5 business days after the request is received by the clerk. Such hearings may constitute the final hearing described in RSA 173-B:3, VII. Such temporary relief may direct the defendant to relinquish to a peace officer any and all firearms and ammunition in the control, ownership, or possession of the defendant, or any other person on behalf of the defendant for the duration of the protective order. Other temporary relief may include: (a) Protective orders: (1) Restraining the defendant from abusing the plaintiff. (2) Restraining the defendant from entering the premises and curtilage where the plaintiff resides, except when the defendant is accompanied by a peace officer and, upon reasonable notice to the plaintiff, is allowed entry by the plaintiff for the sole purpose of retrieving toiletries, medication, clothing, business equipment, and any other items as determined by the court. (3) Restraining the defendant from withholding items of the plaintiff's personal property which are specified in the order. A peace officer shall accompany the plaintiff in retrieving such property to protect the plaintiff. (4) Awarding custody of minor children to either party or, upon actual notice, to the department when it is in the best interest of a child. (5) Denying the defendant visitation, ordering that visitation shall take place only at a supervised visitation center that uses a metal detection device and has trained security personnel on-site, ordering that visitation shall be supervised, or ordering a specific visitation schedule. Visitation shall only be ordered on an ex parte basis where such order can be entered consistent with the following requirements. In determining whether visitation can be safely ordered, the court shall consider the following factors: (A) The degree to which visitation exposes the plaintiff or the children to physical or psychological harm. (B) Whether the risk of physical or psychological harm can be removed by ordering supervised visitation or by ordering supervised visitation at a center that uses a metal detection device and has trained security personnel on-site. (C) Whether visitation can be ordered without requiring the plaintiff and defendant to have contact regarding the exchange of children. (6) Restraining the defendant from contacting the plaintiff or entering the plaintiff's place of employment, school, or any specified place frequented regularly by the plaintiff or by any family or household member. (7) Restraining the defendant from abusing the plaintiff, plaintiff's relatives, regardless of their place of residence, or plaintiff's household members in any way. (8) Restraining the defendant from taking, converting, or damaging property in which the plaintiff may have a legal or equitable interest. (9) Directing the defendant to relinquish to the peace officer, in addition to the relief specified in RSA 173-B:4, I, any and all deadly weapons specified in the protective order that are in the control, ownership, or possession of the defendant, or any other person on behalf of the defendant, for the duration of the protective order. (10) Granting the petitioner exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by the petitioner, defendant, or a minor child in either household, and ordering the defendant to stay away from the animal and forbidding the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect, or disposing of the animal. (b) Other relief, including but not limited to: (1) Awarding to the plaintiff the exclusive use and possession of an automobile, home, and household furniture, if the defendant has the legal duty to support the plaintiff or the plaintiff's minor children, or the plaintiff has contributed to the household expenses. The court shall consider the type and amount of contribution to be a factor. (2) Restraining the defendant from taking any action which would lead to the disconnection of any and all utilities and services to the parties' household, or the discontinuance of existing business or service contracts, including, but not limited to, mortgage or rental agreements. II. The defendant may be prohibited from purchasing, receiving, or possessing any deadly weapons and any and all firearms and ammunition for the duration of the order. The court may subsequently issue a search warrant authorizing the peace officer to seize any deadly weapons specified in the protective order and any and all firearms and ammunition, if there is probable cause to believe such firearms and ammunition and specified deadly weapons are kept on the premises or curtilage of the defendant and if the court has reason to believe that all such firearms and ammunition and specified deadly weapons have not been relinquished by the defendant. Source. 1999, 240:3. 2013, 62:4, eff. Jan. 1, 2014. 2014, 107:1, eff. June 11, 2014; 238:3, eff. July 21, 2014. Section 173-B:5 173-B:5 Relief. – I. A finding of abuse shall mean the defendant represents a credible threat to the safety of the plaintiff. Upon a showing of abuse of the plaintiff by a preponderance of the evidence, the court shall grant such relief as is necessary to bring about a cessation of abuse. Such relief shall direct the defendant to relinquish to the peace officer any and all firearms and ammunition in the control, ownership, or possession of the defendant, or any other person on behalf of the defendant for the duration of the protective order. Other relief may include: (a) Protective orders: (1) Restraining the defendant from abusing the plaintiff. (2) Restraining the defendant from entering the premises and curtilage where the plaintiff resides, except when the defendant is accompanied by a peace officer and is allowed entry by the plaintiff for the sole purpose of retrieving personal property specified by the court. (3) Restraining the defendant from contacting the plaintiff or entering the plaintiff's place of employment, school, or any specified place frequented regularly by the plaintiff or by any family or household member. (4) Restraining the defendant from abusing the plaintiff, plaintiff's relatives, regardless of their place of residence, or plaintiff's household members in any way. (5) Restraining the defendant from taking, converting, or damaging property in which the plaintiff may have a legal or equitable interest. (6) Directing the defendant to relinquish to the peace officer, in addition to the relief specified in RSA 173-B:5, I, any and all deadly weapons specified in the protective order that are in the control, ownership, or possession of the defendant, or any other person on behalf of the defendant. (7) Granting the petitioner exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by the petitioner, defendant, or a minor child in either household, and ordering the defendant to stay away from the animal and forbidding the defendant from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect, or disposing of the animal. (b) Other relief including, but not limited to: (1) Granting the plaintiff the exclusive use and possession of the premises and curtilage of the plaintiff's place of residence, unless the defendant exclusively owns or leases and pays for the premises and the defendant has no legal duty to support the plaintiff or minor children on the premises. (2) Restraining the defendant from withholding items of the plaintiff's personal property specified by the court. A peace officer shall accompany the plaintiff in retrieving such property to protect the plaintiff. (3) Granting to the plaintiff the exclusive right of use and possession of the household furniture, furnishings, or a specific automobile, unless the defendant exclusively owns such personal property and the defendant has no legal duty to support the plaintiff or minor children. (4) Ordering the defendant to make automobile, insurance, health care, utilities, rent, or mortgage payments. (5) Awarding temporary custody of the parties' minor children to either party or, where appropriate, to the department, provided that: (A) Where custody of the parties' minor children with the department may be appropriate, the department shall receive actual notice of the hearing 10 days prior to such hearing provided that, if necessary, such hearing may be continued 10 days to provide the department adequate notice. (B) The department may move at any time to rescind its custody of the parties' minor children. (6) Establishing visitation rights with regard to the parties' minor children. The court shall consider, and may impose on a custody award, conditions necessary to assure the safety of the plaintiff and minor children. This may include orders denying visitation, requiring supervised visitation that shall take place only at a visitation center that uses a metal detection device and has trained security personnel on-site, or requiring supervised visitation, where such order can be entered consistent with the following requirements. In determining whether visitation shall be granted, the court shall consider whether visitation can be exercised by the non-custodial parent without risk to the plaintiff's or children's safety. In making such determination, the court shall consider, in addition to any other relevant factors, the following: (A) The degree to which visitation exposes the plaintiff or the children to physical or psychological harm. (B) Whether the risk of physical or psychological harm can be removed by ordering supervised visitation or by ordering supervised visitation at a center that uses a metal detection device and has trained security personnel on-site. (C) Whether visitation can be ordered without requiring the plaintiff and defendant to have contact regarding the exchange of children. (7) Directing the defendant to pay financial support to the plaintiff or minor children, unless the defendant has no legal duty to support the plaintiff or minor children. (8) Directing the abuser to engage in a batterer's intervention program or personal counseling. If available, such intervention and counseling program shall focus on alternatives to aggression. The court shall not direct the plaintiff to engage in joint counseling services with the defendant. Court-ordered and court-referred mediation of cases involving domestic violence shall be prohibited. (9) Ordering the defendant to pay the plaintiff monetary compensation for losses suffered as a direct result of the abuse which may include, but not be limited to, loss of earnings or support, medical and dental expenses, damage to property, out-of-pocket losses for injuries sustained, and moving and shelter expenses. (10) Ordering the defendant to pay reasonable attorney's fees. II. The defendant shall be prohibited from purchasing, receiving, or possessing any deadly weapons and any and all firearms and ammunition for the duration of the order. The court may subsequently issue a search warrant authorizing a peace officer to seize any deadly weapons specified in the protective order and any and all firearms and ammunition, if there is probable cause to believe such firearms and ammunition and specified deadly weapons are kept on the premises or curtilage of the defendant. III. Reconciliation after a previous order, prior to filing the current action, shall not be grounds for denying or terminating a new or existing protective order. Furthermore, the court shall not deny the plaintiff protective orders based solely on a lapse of time between an act of domestic violence and the filing of a petition, provided that the underlying act presents a credible threat to the plaintiff's current safety. IV. No order made under this section shall supersede or affect any court order pertaining to the possession of a residence; household furniture; custody of children pursuant to RSA 169-B, 169- C, or 169-D; support or custody made under RSA 458; or custody of children of unwed parents as determined by a circuit court, or title to real or personal property. V. (a) Mutual orders for relief shall not be granted. A foreign mutual order for relief shall only be granted full faith and credit in New Hampshire if it meets the requirements set out in RSA 173-B:13, VII. (b) Cross orders for relief may be granted only if: (1) The court has made specific findings that each party has committed abuse against the other; and (2) The court cannot determine who is the primary physical aggressor. VI. Any order under this section shall be for a fixed period of time not to exceed one year, but may be extended by order of the court upon a motion by the plaintiff, showing good cause, with notice to the defendant, for one year after the expiration of the first order and thereafter each extension may be for up to 5 years, upon the request of the plaintiff and at the discretion of the court. The court shall review the order, and each renewal thereof and shall grant such relief as may be necessary to provide for the safety and well-being of the plaintiff. A defendant shall have the right to a hearing on the extension of any order under this paragraph to be held within 30 days of the extension. The court shall state in writing, at the respondent's request, its reason or reasons for granting the extension. The court shall retain jurisdiction to enforce and collect the financial support obligation which accrued prior to the expiration of the protective order. VII. Both parties shall be issued written copies of any orders issued by the court, and all orders shall bear the following language: "A willful violation of this order is a crime, as well as contempt of court. Violations of the protective provisions shall result in arrest and may result in imprisonment.'' Orders shall clearly state how any party can request a further hearing and how the plaintiff may bring a criminal complaint or a petition for contempt if there is a violation of any court order. VIII. (a) No order issued under this chapter shall be modified other than by the court. Temporary reconciliations shall not revoke an order. (b) If either party wishes the defendant to be excused from any provisions of an order of protection, the remedy is to petition the court for modification of such order. (c) A defendant who is restrained from contacting the plaintiff or entering the premises of the plaintiff is prohibited from doing so even if invited by the plaintiff unless the restraining order has been modified by the court. (d) This paragraph shall give unequivocal direction to peace officers that orders for protection are to be enforced as written and that no action by a party relieves them of the duty to enforce the order. VIII-a. Upon issuing an order against a defendant, in which a defendant is restrained from having any contact with the plaintiff, the court shall advise the plaintiff that it would be unwise and possibly unsafe for the plaintiff to contact the defendant. If the plaintiff wishes to contact the defendant for any reason, the court shall advise the plaintiff that such contact be made only after petitioning the court for a modification of the order. In an emergency situation, the plaintiff or plaintiff's family may request that the local police department notify the defendant and the local police may accompany the defendant to a designated location, such as a hospital, if appropriate. IX. (a) A copy of each protective order issued under this chapter shall be transmitted to the administrative office of the courts by facsimile or computer. An emergency protective order issued telephonically shall be transmitted by telephone or facsimile to the department of safety. (b) The administrative office of the courts shall enter information regarding the protective orders into the state database which shall be made available to police and sheriff departments statewide. The department of safety shall make available information regarding emergency protective orders issued telephonically to police and sheriff departments statewide. (c) The administrative office of the courts shall update the database upon expiration or termination of a protective order. (d) Notwithstanding any other provision of law, the administrative office of the courts or the department of safety, its employees and agents, and law enforcement officials shall not be held criminally or civilly liable for action taken under this chapter or RSA 458:16, provided they are acting in good faith and without gross negligence, and within the scope of their duties and authority. IX-a. If a criminal records check conducted by the department of safety indicates that a potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to a protective order issued under this chapter, the department of safety shall notify the administrative office of the courts of the denial. The administrative office of the courts shall immediately notify the plaintiff that the defendant has attempted to purchase or obtain a firearm in violation of the protective order. X. (a) Within 15 days prior to the expiration of the protective orders, the defendant may request, by motion to the court, the return of any and all firearms and ammunition and specified deadly weapons held by the law enforcement agency while the protective order was in effect. Upon receipt of such a motion, the court shall schedule a hearing no later than 15 days after the expiration of the order. The court shall provide written notice to the plaintiff who shall have the right to appear and be heard, and to the law enforcement agency which has control of the firearms, ammunition, and specified deadly weapons. The scope of the hearing shall be limited to: (1) Establishing whether the defendant is subject to any state or federal law or court order that precludes the defendant from owning or possessing a firearm; and (2) Under circumstances where the plaintiff has requested an extension of the protective order, whether the plaintiff has established by a preponderance of the evidence that the defendant continues to represent a credible threat to the safety of the plaintiff. (b) If the court finds that the defendant is not subject to any state or federal law or court order precluding the ownership or possession of firearms, or if the court denies the plaintiff's request to extend the protective order, the court shall issue a written order directing the law enforcement agency to return the requested firearms, ammunition, or deadly weapon to the defendant. (c) Law enforcement agencies shall not release firearms and ammunition and specified deadly weapons without a court order granting such release. The law enforcement agency may charge the defendant a reasonable fee for the storage of any firearms and ammunition and specified deadly weapons taken pursuant to a protective order. The fee shall not exceed the actual cost incurred by the law enforcement agency for the storage of the firearms and ammunition and specified deadly weapons. The defendant may make alternative arrangements with a federally licensed firearms dealer for the storage of firearms, at the defendant's own expense, upon approval of the court. Such firearms shall be turned over to the appropriate law enforcement agency for transfer to the storage facility. Retrieval of such firearms shall be through the law enforcement agency responsible for their transfer to the storage facility pursuant to a court order as prescribed in this paragraph. (d) No law enforcement agency shall be held liable for alleged damage or deterioration due to storage or transportation to any firearms and ammunition and specified deadly weapons held by a law enforcement agency, so long as due care is used. Source. 1999, 240:3. 2000, 230:1. 2001, 189:2. 2004, 206:1. 2005, 284:1. 2006, 214:4. 2013, 62:5, eff. Jan. 1, 2014. 2014, 107:2, eff. June 11, 2014; 238:4, eff. July 21, 2014. Section 173-B:5-a 173-B:5-a Permissible Contact. – I. A protective order issued pursuant to RSA 173-B:4 or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney's behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; and ensures that any personal contact with the plaintiff occurs outside of the defendant's presence, unless the court has modified the protective order to permit such contact. II. A no-contact provision in a protective order issued pursuant to RSA 173-B:4 or RSA 173- B:5 shall not be construed to: (a) Prevent contact between counsel for represented parties; or (b) Prevent a party from appearing at a scheduled court or administrative hearing; or (c) Prevent a defendant or defendant's counsel from sending the plaintiff copies of any legal pleadings filed in court relating to the domestic violence petition or related civil or criminal matters. III. A violation of this section may result in a finding of contempt of court. Source. 2006, 214:1, eff. July 31, 2006. Section 173-B:6 173-B:6 Guardian Ad Litem. – In all proceedings under this chapter, the court may appoint a guardian ad litem to represent the interests of the children of either or both parties. The guardian ad litem may continue to serve after the final disposition of the case. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:7 173-B:7 Minority Not a Preclusion for Services. – The minority of any individual seeking assistance from any domestic violence program, as defined by RSA 173-B:1, shall not preclude provision of such requested services. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:8 173-B:8 Notification. – I. A copy of any order made under this chapter which prohibits any person from abusing another shall be promptly transmitted to the local law enforcement agency having jurisdiction to enforce such order. II. Temporary orders shall be promptly served on the defendant by a peace officer. Subsequent orders shall be sent to the defendant's last address of record. The defendant shall be responsible for informing the court of any changes of address. Law enforcement agencies shall establish procedures whereby a peace officer at the scene of an alleged violation of such an order may be informed of the existence and terms of such order. III. Any court-ordered changes or modifications of the order shall be effective upon issuance of such changes or modifications, and shall be mailed or otherwise provided to the appropriate local law enforcement agency and transmitted to the department of safety within 24 hours of the entry of such changes or modifications. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:9 173-B:9 Violation of Protective Order; Penalty. – I. (a) When the defendant violates either a temporary or permanent protective order issued or enforced under this chapter, peace officers shall arrest the defendant and ensure that the defendant is detained until arraignment, provided that in extreme circumstances, such as when the health of the defendant would be jeopardized by the temporary detention, a judge in response to a request by the arresting law enforcement officer or agency, may order an alternative to detention pending arraignment. Such arrests may be made within 12 hours without a warrant upon probable cause, whether or not the violation is committed in the presence of a peace officer.

(b) Subsequent to an arrest, the peace officer shall seize any firearms and ammunition in the control, ownership, or possession of the defendant and any deadly weapons which may have been used, or were threatened to be used, during the violation of the protective order. The law enforcement agency shall maintain possession of the firearms, ammunition, or deadly weapons until the court issues an order directing that the firearms, ammunition, or deadly weapons be relinquished and specifying the person to whom the firearms and ammunition or deadly weapons will be relinquished. II. The prosecution and sentencing for criminal contempt for a violation of a protective order shall not preclude the prosecution of or sentencing for other criminal charges underlying the contempt. III. A person shall be guilty of a class A misdemeanor if such person knowingly violates a protective order issued under this chapter, or RSA 458:16, III, or any foreign protective order enforceable under the laws of this state. Charges made under this chapter shall not be reduced to a lesser charge, as permitted in other instances under RSA 625:9. IV. Any person convicted under RSA 173-B:9, III, or who has been convicted in another jurisdiction of violating a protective order enforceable under the laws of this state, who, within 6 years of such conviction or the completion of the sentence imposed for such conviction, whichever is later, subsequently commits and is convicted of one or more offenses involving abuse may be charged with an enhanced penalty for each subsequent offense as follows: (a) There shall be no enhanced charge under this section if the subsequent offense is a class A felony or an unclassified felony; (b) If the subsequent offense would otherwise constitute a class B felony, it may be charged as a class A felony; (c) If the subsequent offense would otherwise constitute a class A misdemeanor, it may be charged as a class B felony; (d) If the subsequent offense would otherwise constitute a class B misdemeanor, it may be charged as a class A misdemeanor; (e) If the subsequent offense would otherwise constitute a violation, it may be charged as a class B misdemeanor. V. A victim of domestic violence shall be entitled to all rights granted to victims of crime under RSA 21-M:8-k. Source. 1999, 240:3. 2002, 79:1. 2003, 219:1, eff. Jan. 1, 2004. Section 173-B:10 173-B:10 Protection by Peace Officers. – I. Whenever any peace officer has probable cause to believe that a person has been abused, as defined in RSA 173-B:1, that officer shall use all means within reason to prevent further abuse including, but not limited to: (a) Confiscating any deadly weapons involved in the alleged domestic abuse and any firearms and ammunition in the defendant's control, ownership, or possession. (b) Transporting or obtaining transportation for the victim and any child, to a designated place to meet with a domestic violence counselor, local family member, or friend. (c) Assisting the victim in removing toiletries, medication, clothing, business equipment, and any other items determined by the court. (d) Giving the victim immediate and written notice of the rights of victims and of the remedies and services available to victims of domestic violence. The written notice shall include a statement substantially as follows: "If you are the victim of domestic violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in providing for your safety, including asking for an emergency telephonic order for protection. You may also request that the officer assist you in obtaining from your premises and curtilage, toiletries, medication, clothing, business equipment, and any other items as determined by the court, and in locating and taking you to a local safe place including, but not limited to, a designated meeting place to be used as a crisis center, a family member's or friend's residence, or a similar place of safety. If you are in need of medical treatment, you have the right to request that the officer assist you in obtaining an ambulance. You may request a copy of the report filed by the peace officer, at no cost, from the law enforcement department.'' II. Pursuant to RSA 594:10, an arrest for abuse may be made without a warrant upon probable cause, whether or not the abuse is committed in the presence of the peace officer. When the peace officer has probable cause to believe that the persons are committing or have committed abuse against each other, the officer need not arrest both persons, but should arrest the person the officer believes to be the primary physical aggressor. In determining who is the primary physical aggressor, an officer shall consider the intent of this chapter to protect the victims of domestic violence, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between these persons if that history can reasonably be obtained by the officer. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:11 173-B:11 Notice to the Victim. – I. Notwithstanding the peace officer's obligations in RSA 173-B:9 and RSA 173-B:10, all peace officers shall give victims of abuse immediate and adequate notice of their right to go to the circuit court of their county to file a petition asking for protective orders against the abusive person and to seek a private criminal complaint. II. The clerk of the court shall be responsible for advising victims of their right to request that the judge issue an order which may include removing any and all firearms and ammunition in the control, ownership, or possession of the defendant and may include: (a) Restraining the defendant from abusing the victim. (b) Directing the defendant to leave and stay away from the victim's premises and curtilage. (c) Giving the victim custody of any minor children, denying the defendant visitation, or requiring that visitation be supervised to ensure safety for the victim and minor children. (d) Directing the defendant to support the victim and any minor children if the defendant has the legal responsibility to support either or both. (e) Restraining the defendant from contacting the victim, or entering the victim's place of employment, school, or any specified place frequented regularly by the victim or by any family or household member. (f) Restraining the defendant from abusing, in any way, the victim, household members, or victim's relatives, regardless of their place of residence. (g) Restraining the defendant from taking, converting, or damaging property in which the victim may have a legal or equitable interest. (h) Directing the defendant to temporarily relinquish to the peace officer specific deadly weapons in the control, ownership, or possession of the defendant which may have been used, or were threatened to be used, in an incident of abuse against the victim or any member of the victim's household. (i) Ordering the defendant to pay the victim monetary compensation for losses suffered as a direct result of the abuse which may include, but not be limited to, loss of earnings or support, medical and dental expenses, damage to property, out-of-pocket losses for injuries sustained, and moving and shelter expenses. (j) Ordering the defendant to pay reasonable attorney's fees. Source. 1999, 240:3. 2013, 62:6, eff. Jan. 1, 2014. Section 173-B:12 173-B:12 Emergency Care; Limitation and Liability. – Any act or omission of any peace officer rendering emergency care or assistance to a victim of domestic violence including, but not limited to transportation, shall not impose civil liability upon the peace officer or the peace officer's supervisors or employer if the care or assistance is rendered in good faith, unless the act or omission is a result of gross negligence or willful misconduct. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:13 173-B:13 Orders Enforceable. – I. Any protective order issued under this chapter shall be effective throughout the state. II. Any protective order issued by any other state, tribal, or territorial court related to domestic or family violence, including an ex parte order, shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe, or territory, and the person against whom the order was made was given reasonable notice and opportunity to be heard. There shall be a presumption of validity where an order appears facially valid. III. Any valid protective order, as defined in paragraph II, shall be accorded full faith and credit throughout the state. IV. A person entitled to protection under a foreign protective order, as defined in paragraph II, may file such order in any circuit court by filing with the court a certified copy of the order. Such person shall swear under oath in an affidavit to the best of such person's knowledge that the order is presently in effect as written. Such filing shall be without fee or cost. The clerk of the circuit court shall forward such order to the administrative office of the courts which shall enter such order in the state database. Such filing shall not be a precondition to arrest or enforcement of a foreign order. V. A peace officer may rely upon a copy of any protective order issued under this chapter, or under RSA 458, or upon a copy of a foreign protective order, as defined in this section, which has been provided to the peace officer by any source. VI. Law enforcement personnel may rely on the statement of the person protected by the order that the order remains in effect as written. VII. A mutual protective order issued by any other state, tribal, or territorial court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection relating to domestic or family violence shall be accorded full faith and credit only if: (a) A cross or counter petition, complaint, or other written pleading was filed seeking such protection order; and (b) The court made specific findings of domestic or family violence by both parties and that each party was entitled to such order. Source. 1999, 240:3. 2001, 189:3. 2013, 62:7, eff. Jan. 1, 2014. Section 173-B:14 173-B:14 Orders of Support. – I. In any action determining the obligation of the obligor to support the obligee or the parties' minor children including, but not limited to, actions for divorce pursuant to RSA 458; determination of parental rights and responsibilities pursuant to RSA 461-A; paternity pursuant to RSA 168-A; child support pursuant to RSA 161-B, RSA 161-C, and RSA 458; reimbursement of public assistance pursuant to RSA 161-C; and the uniform interstate family support act pursuant to RSA 546-B; the court shall take judicial notice of any support obligation established pursuant to this chapter upon the filing of a certified copy of the order by: (a) Either party to the domestic violence proceeding. (b) The department. (c) Any other agency or person legally entitled to enforce the obligation of support for the minor children. II. Any circuit court order for financial support shall include enforcement of any duly filed circuit court order from the date of filing forward, and shall include enforcement of any arrears which have been: (a) Reduced to judgment by the circuit court; (b) Documented by the department pursuant to an order to make payable through the department; or (c) Documented by the obligee in a notarized statement, provided that the obligor shall have 30 days to object and request a hearing on the issue of arrears. Source. 1999, 240:3. 2005, 273:13. 2013, 62:8, eff. Jan. 1, 2014. Section 173-B:15 173-B:15 Fund for Domestic Violence Grant Program. – A special fund for domestic violence programs is established. The sole purpose of the fund shall be to provide revenues for the domestic violence program established in RSA 173-B:16, and shall not be available for any other purpose. The state treasurer shall deposit all fees received by the department under RSA 457:29 in the fund. All moneys deposited in the fund shall be continually appropriated for the purposes of the domestic violence grant program and shall not lapse. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:16 173-B:16 Grant Program Established. – A grant program is established within the department for the allocation of grant money to New Hampshire programs which provide aid and assistance to victims of domestic violence. The grant program shall be funded by the fund established under RSA 173-B:15. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:17 173-B:17 Duties of the Commissioner. – The commissioner shall: I. Administer the grant program established in RSA 173-B:16 through a coordinator. The costs of administration shall be covered by the fund, and shall not exceed 2 percent. II. Adopt rules, under RSA 541-A, relative to procedures under which interested New Hampshire programs may apply for funding. III. Appoint the coordinator. IV. Enter into a contract with the coordinator, subject to the approval of the governor and council. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:18 173-B:18 Selection of Coordinator. – The commissioner shall be satisfied that the organization or agency chosen as the coordinator shall be qualified to provide at least those services listed in RSA 173-B:20. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:19 173-B:19 Compensation for Coordinating Domestic Violence Grant Program. – Compensation for the functions and duties of coordinating the program shall not exceed 30 percent of the total revenues of the fund. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:20 173-B:20 Duties of Coordinator. – The coordinator shall be a statewide organization or agency which has demonstrated its ability, at a minimum, to: I. Serve as a clearinghouse for information relating to domestic violence. II. Conduct educational programs on domestic violence, both for the general public and for specialized interest groups, such as law enforcement and medical personnel. III. Provide technical assistance to local domestic violence programs in the areas of budget, management, and other such skills. IV. Enlist the assistance of public and voluntary health, education, welfare, legal, and rehabilitation agencies in a concerted effort to prevent domestic violence. V. Provide coordination and supervision of programs. VI. Assist the commissioner in the administration of the fund. VII. Publicize the availability of the fund and the date by which applications must be received, and act on all applications within 45 days of the application deadline. VIII. Notify each appropriate agency or organization in writing whether or not it is eligible for funds, and specify the amount available. IX. Publicize the availability of domestic violence programs to the public. X. Provide training for court advocates and social services agency advocates to accompany domestic violence victims. XI. Apply for and receive any federal funds for which this program may be eligible. XII. Ensure, as far as possible, that grants are awarded on a reasonable geographical basis throughout the state. XIII. Obtain and evaluate reports from each grantee, at least annually, on its operations under this chapter. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:21 173-B:21 Criteria for Selection of Direct Service Grantees. – The coordinator shall use all of the following criteria for selecting grantees: I. A grantee's ability to provide direct services to victims of domestic violence as follows: (a) Shelter or safe homes on a 24-hours-a-day, 7-days-a-week basis. (b) A 24-hours-a-day, 7-days-a-week switchboard for crisis calls. (c) Temporary housing and food facilities. (d) Psychological support and peer counseling. (e) Referrals to existing services in the community and follow-up on the outcome of the referrals. (f) A drop-in center to assist victims of domestic violence who have not yet made the decision to leave their homes, or who have found other shelter but who have a need for support services. (g) Arrangements for school-aged children to continue their education during their stay at the center. (h) Emergency transportation to a shelter and, when appropriate, arrangements with local law enforcement for assistance in providing such transportation. (i) Trained court advocates and social service agency advocates to accompany domestic violence victims. II. A grantee shall be a private or private nonprofit organization, or a public agency. III. A grantee shall demonstrate the need for the services proposed by the program. IV. A grantee shall establish its ability to secure community support and its efficiency of administration. V. A grantee shall receive at least 50 percent of its funding from sources other than the fund, including town, city, county, federal, or private sources. Contributions in kind, whether material, commodities, transportation, office space, or personal services, may be evaluated and counted as part of the required non-state funding. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:22 173-B:22 Confidentiality. – All persons who are employed, appointed, or who volunteer under this chapter shall maintain confidentiality with regard to persons served by the coordinator and grantees and files kept by the coordinator and grantees, except for reasons of safety for other shelter residents or staff. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:23 173-B:23 Referral. – Where centers are available, any law enforcement officer who investigates an alleged incident of domestic violence shall advise the person subject to such violence of the availability of programs from which that person may receive services. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:24 173-B:24 Rights Reserved. – A person shall not be prejudiced by the court having jurisdiction under RSA 173-B for having left the residence or household with or without the children to avoid further domestic violence. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:25 173-B:25 Severability. – If any provision of this chapter or the application of such provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable. Source. 1999, 240:3, eff. Jan. 1, 2000. Section 173-B:26 173-B:26 Commission to Study Supervised Visitation Centers. – [Repealed 2014, 107:5, eff. Nov. 1, 2014.]

CAMPUS PROCEDURES FOR ADDRESSING SEXUAL MISCONDUCT, DATING VIOLENCE, DOMESTIC VIOLENCE, STALKING, SEXUAL HARASSMENT, AND OTHER ACTS OF SEX AND GENDER DISCRIMINATION

For offenses including sexual misconduct or other gender based violence, which typically include the crimes of domestic violence, dating violence, sexual harassment, sexual misconduct, and stalking, sanctions range from warning to expulsion. Serious and violent incidents and acts of non-consensual sexual intercourse (the policy equivalent to the crime of rape) usually result in suspension, expulsion, or termination of employment. Lying to investigators (and/or failing to participate in an investigation) can results in additional consequences under the Student Handbook.

Student Handbook Discipline Standing and Sanctions

When students are found to have violated a policy, the university’s first priority is to respond by mandating supportive and educational tasks designed to help the student make more informed choices. Second and equally important, the university makes a change to the students’ discipline standing. This categorization represents the progressive discipline model, which increases punitive measures as the severity or frequency of a behavior increases. A student’s discipline standing may range from warning to dismissal. Students are considered as being removed from “good standing” at the level of University Probation. o Disciplinary Warning - A warning consists of formal notification that the student has violated the university community standards and advises that repetition will result in a more severe sanction. o Disciplinary Reprimand – At this increased discipline standing, students understand a formal reprimand is in place and that parents may be notified at this stage, if applicable. o Residence Probation - Students are placed on residence probation for minimally one semester, and the hearing officer reserves the right to determine the length of probation based on the incident and the student’s past history. Any violation of university policy during the probationary period would result in the student’s referral for residence suspension. o Residence Suspension - Suspension from residence, whether for a period of time or indefinitely, automatically carries with it the status of persona non grata in the residential areas. If the student has lost the privilege to live on campus, he/she is barred from the residence areas entirely and will only be allowed in the Athletic Complex, Shapiro Library, Student Center, Academic Building, Dining 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. The student’s vehicle may only be on campus during that time, and parking is restricted to Lot 1 or 12. o University Probation - This sanction is the most serious warning for violation of university regulations prior to suspension, and places limits on the student’s good standing with the university. Students on university probation may be limited in their ability to attend university programs and if a student is currently in residence, this status automatically carries Residence Probation. If the student is found responsible for violating any university policy during the period of probation, both residence suspension and/or university suspension may become effective and the student may be subject to additional sanctions. o University Suspension - Suspension means that the student is dismissed from the university for a given period of time, with an opportunity for readmission. If suspended from the university, the student will be persona non grata on all university facilities, online environments, and from all university functions for the period of his/her suspension. o University Dismissal - If a student is dismissed from the university, he/she is permanently dismissed from the university without opportunity for readmission. If dismissed from the university, the student will be persona non grata on all university facilities, online environments, and from all university functions.

Noting that this model is presented in increasing severity, it should be noted that all violations are cumulative and that a student’s discipline standing rarely goes backwards in severity. A student’s prior disciplinary history and length of time between violations are factors taken into consideration when selecting a discipline standing.

A student’s discipline standing is active for a length of time (a semester, year or more) depending on the nature of the incident. In some cases, a discipline standing may be held in Abeyance. At critical points in the discipline process, an action or restriction may accompany the standing (residence or university suspension). In such cases, the university may hold that action “in abeyance.” This means that the action/ or 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 action/suspension without a hearing. It may also result in further disciplinary action.

Procedurally, when the University receives a report of sexual misconduct, gender-based violence, or other sex or gender discrimination, the campus Title IX Coordinator is notified. If the victim wishes to access local community agencies and/or law enforcement for support, the University will assist the victim in making these contacts. The Title IX Coordinator will offer assistance to victims in the form of interim or long-terms measures such as opportunities for academic accommodations; changes in housing for the victim or the responding student; visa and immigration assistance; changes in working situations; and other assistance as may be appropriate and available on campus or in the community (such as no contact orders, campus escorts, transportation assistance, targeted interventions, etc.). If the victim so desires, that individual will be connected with a counselor on- or off-campus, as well as an on-or off-campus victim’s advocate. No victim is required to take advantage of these services and resources, but the University provides them in the hopes of offering help and support without condition or qualification. A summary of rights, options, supports, and procedures, in the form of this document, is provided to all victims, whether they are students, employees, guests, or visitors.

When appropriate upon receipt of notice, the Title IX Coordinator will cause a prompt, fair, and impartial process to be initiated, commencing with an investigation, which may lead to the imposition of sanctions based upon a preponderance of evidence (what is more likely than not), upon a responding student or other accused individual. Procedures detailing the investigation and resolution processes of the University can be found in this report under the section titled “Sexual Misconduct Policies” . The Coordinator is ultimately responsible for assuring in all cases that the behavior is brought to an end, the University acts to reasonably prevent its recurrence, and the effects on the victim and the community are remedied. The Coordinator is also responsible for assuring that training is conducted annually for all advocates, investigators, hearing officers, panelists, and appeals officers that encompass a hearing process that protects the safety of victims and promotes accountability. Training will focus on sexual misconduct, domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation, and other behaviors that can be forms of sex or gender discrimination covered by Title IX and Clery Act. Training will help those decision-makers in the process of protecting the safety of victims and promoting accountability for those who commit offenses.

The investigation and records of the resolution conducted by the University are maintained confidentially. Information is shared internally between administrators who need to know, but a tight circle is kept. Where information must be shared to permit the investigation to move forward, the person bringing the accusation will be informed. Privacy of the records specific to the investigation is maintained in accordance with New Hampshire law and the federal FERPA statute. Any public release of information needed to comply with the open crime logs or timely warning provisions of the Clery Act will not include the names of victim or information that could easily lead to a victim’s identification. Additionally, the University maintains privacy in relation to any accommodations or protective measures afforded to a victim, except to the extent necessary to provide the accommodations and/or protective measures. Typically, if faculty members or administrators are asked to provide accommodations for a specific student, they are told that such accommodations are necessary under Title IX or the Clery Act, but they are not given any details of the incident, or what kind of incident it is. Irrespective of state law or public records access provisions, information about victims is maintained privately in accordance with Title IX and FERPA.

1. In any complaint of sexual misconduct, sexual assault, stalking, dating violence, domestic violence, or other sex or gender-based discrimination covered under the federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities for a support person of their choice throughout and to fully participate in the process, including any meeting, conference, hearing, appeal, or other procedural action. The role of advisors is described in the Student Handbook as follows; “A student may have an advisor of his/her choosing from within the university community present at the hearing. The advisor may be selected from the faculty or staff at the university. The advisor shall not participate directly in any aspect of the hearing; the advisor may only confer with the student. It is the students responsibility to present all aspects of his/her own defense. Students must notify their hearing officer in writing at least 24 hours prior to a hearing with the name of the advisor.” Once complete, the parties will be informed, in writing, of the outcome, including the finding, the sanctions (if any), and the rationale therefor. Delivery of this outcome to the parties will occur without undue delay between notifications. All parties will be informed of the University’s appeal processes, and their rights to exercise a request for appeal. Should any change in outcome occur prior to finalization, all parties will be timely informed in writing, and will be notified when the results of the resolution process become final.

Both Title IX and the Clery Act provide protections for whistleblowers who bring allegations of non-compliance with the Clery Act and/or Title IX to the attention of appropriate campus administrators. The University does not retaliate against those who raise concerns of non- compliance. Any concerns should be brought to the immediate attention of the campus Title IX Coordinator, McCeil Johnson (603.645.9664) and/or to officials of the U.S. Department of Education. Reporting of statistics under the Clery Act uses federal offenses definitions that allow comparability across campuses, regardless of the state in which the campus is located.

The procedures that Southern NH University will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported mirror those already covered in this publication. A student or employee who reports to SNHU that s/he has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether it occurred on or off-campus, will be provided with a written explanation of his or her rights and options as outlined in this publication. In addition, the SNHU Title IX Coordinator will be informed of any and all reports.

The standard of evidence used in the SNHU conduct system is preponderance of the evidence.

Prevention of retaliation: No officer, employee, or agent of SNHU shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under the Campus Save Act. Title IX already prohibits such retaliation.

During Fall orientation all incoming students will be informed about primary prevention and awareness programs and learn that SNHU prohibits domestic and dating violence, sexual assault, and stalking. The definitions of these violations are covered earlier in this publication.

Consent is a verbal or unspoken agreement that two people share before they have sex. Communication during sex can sometimes be confusing and unclear. It is important that partners understand one another.

Expressed permission: seeking and receiving expressed permission to engage in sexual activity is least ambiguous when the behavior of seeking and expressing permission is done with words. Although it may be possible to seek and express permission without words, consent is far clearer when done with words. Ambiguity can lead a person to think that they sought permission or received permission when in fact they did not.’

The following suggestions are steps you may wish to take if you are sexually assaulted:

If you are a victim of sexual assault, you may choose to report the incident to any or all of these agencies; local Police, office of Public Safety or the Wellness Center. The following suggestions are steps you may wish to take if you are sexually assaulted:

In addition to reporting the incident to authorities you may seek medical attention. Emergency Departments throughout NH can examine and treat any injuries you may have received. Emergency rooms can also prescribe emergency antibiotics to prevent the spread of some STDs as well as emergency contraceptives to prevent unwanted pregnancy; complete a Sexual Assault Forensic Examination Kit. This kit, provided by the NH Attorney General’s Office, collects evidence that could be helpful if you decide to report the assault to the police. Kits can be completed in any NH Hospital Emergency Department without charge to the victim even if the victim chooses not to proceed legally. If you are thinking about completing a kit please note the following:

 Victims may choose to complete the kit anonymously. The kit will be referenced with an identification number and stored by the State for 3 months. At any time during this period, the victim can report the crime and the kit will be brought forward to the NH Crime Lab for analysis;

 Evidence diminishes over time. Anyone reporting a sexual assault to emergency department personnel should be offered the option of completing an evidence collection kit up to 5 days after the assault. However, time, washing, changing one’s clothes or “cleaning up” after the assault will all increase the likelihood that valuable evidence will be destroyed;

 It’s important to bring a complete change of clothing if at all possible.

 Clothing worn at the time of the assault may contain evidence and will, in all likelihood, be taken as part of the kit. Receive testing for date rape drugs. If you believe that there is a likelihood drugs have been use as part of the assault, you can ask emergency department staff to test for the presence of drugs in your system. Because date rape drugs decompose quickly within your system, blood tests must be done within 48 hours of ingesting the substance. A urine test may contain evidence up to 72 hour after ingestion.

Speak with a victim advocate from a rape crisis center. Victim advocates can provide support, advocacy, information, options and referrals. At SNHU, The Wellness Center provides trained advocates who are available 24 hours a day. Advocates can accompany you to the hospital and court and provide ongoing support and assistance, including academic interventions. Hospitals in N.H. are trained to immediately call an advocate from the local crisis center whenever someone seeks services for sexual assault. It is your choice whether or not to speak with she/he at that time. Receive follow-up testing and care for pregnancy and/or STD’s;

Sexual assault, domestic violence, dating violence and stalking are a violation of the SNHU Code of Conduct, as well as a violation of state law. Southern New Hampshire University encouragers its students to report all cases of sexual assault that occur on campus to contact the Campus Security Authorities Maxine Marshall – Student Success Team Lead, Amber Delph – Student Success Advocate, or Patty Sierra – Student Success Advocate and/or the Nashua Police Department at (603) 594-3400.

The complainant has the right to the following:

1. A formal hearing to determine responsibility and appropriate sanctions; 2. Assistance at the hearing from an advisor; 3. Alternative living arrangements or academic scheduling if the accused student lives or attends classes in close proximity; and 4. To be notified of the outcome of the hearing and the sanction imposed. If the alleged victim is deceased as a result of the crime or offense, SNHU will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.

Both the complainant and respondent have the right to:

1. Have others present during a disciplinary procedure, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.

2. Simultaneously be informed in writing of the outcome of any hearing stemming from violations domestic violence, dating violence, sexual assault or stalking.

3. Receive information about appeal of the results of any hearings.

4. Notice of any change to the results that occur prior to the time that the appeal or original decision becomes final, and notice when they become final.

On and Off-Campus Victim Services and Sex Offender Services

Wellness Center provides advocacy and supportive services to all primary and secondary survivors of sexual assault, sexual harassment, domestic violence, dating violence and stalking within the SNHU community. Wellness Center also provides referrals to off campus services as appropriate. Wellness Center does not provide treatment referrals to sex offenders. Information regarding these programs should be requested from local law enforcement agency.

University Student Code of Conduct

The university is a community of scholars in which the ideals of freedom of inquiry, freedom of thought, freedom of expression, and freedom of the individual are sustained. However, the exercise and preservation of these freedoms and rights requires a respect of the rights of all in the community to enjoy them to the same extent. It is clear that in a community of learning, willful disruption of the educational process, destruction of property, and interference with the orderly process of the university as defined by the university administration or with the rights of other members of the university cannot be tolerated. Students enrolling in the institution assume an obligation to conduct themselves in a manner compatible with the university’s function as an educational institution. To fulfill its functions of imparting and gaining knowledge, the university retains the power to maintain order within the university and to remove those who are disruptive to the educational process. The policies help to describe and explain prohibited conduct as well as outline behavioral expectations. Authority of the University

The Student Code of Conduct applies to all students as they are defined in this document. Southern New Hampshire University shall have jurisdiction over student behavior which occurs on SNHU premises, sponsored events, or off-campus locations. Additionally, all violations of the Code of Conduct which occur within the SNHU email system, Blackboard educational system, SNHUconnect, or any other electronic means of communication prescribed by an instructor as it pertains to class work, research, or communication shall fall under the jurisdiction of the University. Behavior that conflicts with university expectations may subject students to discipline pursuant to the Code of Conduct. These behaviors are actions that are in violation of the Code, local, state, or federal laws, or could adversely affect the educational mission of the university or its relationship with the surrounding community. This applies to students acting on their own volition as well as recognized student groups.

When a student withdraws or takes a leave of absence from the university after engaging in conduct that may violate any of the university’s code of conduct, and the alleged violation has not been adjudicated through the discipline process, a hold will be placed on the student’s record and the student will be banned from campus and all other educational environments. The hold will prevent a student from re-enrolling at the university until the alleged violations have been resolved.

Every effort is made to ensure that the information in the student handbook is accurate and up to date, but the university cannot accept liability for any errors or omissions.

Terms and Definitions

Admission of Responsibility A respondent’s willingness to admit to a violation of the Code of Conduct by holding themselves accountable.

Complainant The individual who brings forward a complaint or files a report alleging a violation of the Code of Conduct.

Faculty member Any person hired by or contracted with the University to conduct instructional activities.

Hearing Officer Any person or persons authorized by the Dean of Students (or designee) or COCE Vice President of Academic Advising and Student Success to determine whether a student has violated the Student Code of Conduct and to impose sanctions where appropriate.

Major/Minor Violations In general, each alleged policy violation is reviewed by examining the particular fact pattern of the incident. However, in some cases, policies are designated as major or minor to help students understand the severity/level of the violation by pointing to groupings of educational initiatives or a particular discipline standing. A major violation of university policy is defined as a single incident, or a pattern of misconduct which causes significant concern for the health of the community, the safety of its students or the impact on the community. While both major and minor violations may result in a hearing; in some minor cases, the staff member may decide that it is not necessary to meet with the student and an educational letter outlining expectations will be sent in lieu of a hearing.

Respondent

The student alleged to have violated the Southern New Hampshire University Code of Conduct.

Staff

Any person employed by the University with the exception of student employees.

Standard of Proof

The burden of proof is on the university to show that the student is responsible for the violation or a pattern of misconduct. The rules of evidence applicable to civil and criminal cases do not apply. The decision shall be made based upon a preponderance of the information presented – whether a violation of university policy more likely than not occurred.

Student

Any person taking courses at or through Southern New Hampshire University to include full and part-time attendance, distance learners enrolled in the College of Online and Continuing Education (COCE) pursuing undergraduate, graduate, or professional studies as well as persons who are not enrolled but have an academic relationship with SNHU. Persons who are not enrolled but are satisfying incompletes, persons who are taking classes but are not officially admitted to SNHU, or persons who are enrolled in continuing education courses and workshops are also considered students.

University

Southern New Hampshire University and its affiliated sites and programs which include all Southern New Hampshire University campuses.

Discipline Standing and Sanctions

When students are found to have violated a policy, the university’s first priority is to respond by mandating supportive and educational tasks designed to help the student make more informed choices. Second and equally important, the university makes a change to the students’ discipline standing. This categorization represents the progressive discipline model, which increases punitive measures as the severity or frequency of a behavior increases. A student’s discipline standing may range from warning to dismissal. Students are considered as being removed from “good standing” at the level of University Probation. o Disciplinary Warning - A warning consists of formal notification that the student has violated the university community standards and advises that repetition will result in a more severe sanction. o Disciplinary Reprimand – At this increased discipline standing, students understand a formal reprimand is in place and that parents may be notified at this stage, if applicable. o Residence Probation - Students are placed on residence probation for minimally one semester, and the hearing officer reserves the right to determine the length of probation based on the incident and the student’s past history. Any violation of university policy during the probationary period would result in the student’s referral for residence suspension. o Residence Suspension - Suspension from residence, whether for a period of time or indefinitely, automatically carries with it the status of persona non grata in the residential areas. If the student has lost the privilege to live on campus, he/she is barred from the residence areas entirely and will only be allowed in the Athletic Complex, Shapiro Library, Student Center, Academic Building, Dining 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. The student’s vehicle may only be on campus during that time, and parking is restricted to Lot 1 or 12. o University Probation - This sanction is the most serious warning for violation of university regulations prior to suspension, and places limits on the student’s good standing with the university. Students on university probation may be limited in their ability to attend university programs and if a student is currently in residence, this status automatically carries Residence Probation. If the student is found responsible for violating any university policy during the period of probation, both residence suspension and/or university suspension may become effective and the student may be subject to additional sanctions. o University Suspension - Suspension means that the student is dismissed from the university for a given period of time, with an opportunity for readmission. If suspended from the university, the student will be persona non grata on all university facilities, online environments, and from all university functions for the period of his/her suspension. o University Dismissal - If a student is dismissed from the university, he/she is permanently dismissed from the university without opportunity for readmission. If dismissed from the university, the student will be persona non grata on all university facilities, online environments, and from all university functions.

Noting that this model is presented in increasing severity, it should be noted that all violations are cumulative and that a student’s discipline standing rarely goes backwards in severity. A student’s prior disciplinary history and length of time between violations are factors taken into consideration when selecting a discipline standing. A student’s discipline standing is active for a length of time (a semester, year or more) depending on the nature of the incident. In some cases, a discipline standing may be held in abeyance. At critical points in the discipline process, an action or restriction may accompany the standing (residence or university suspension). In such cases, the university may hold that action “in abeyance.” This means that the action/ or 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 action/suspension without a hearing. It may also result in further disciplinary action.

Educational Sanctions

When deciding supportive or educational sanctions to accompany the discipline standing, many factors are taken into account: the current violation, the past disciplinary record, previous sanctions that may exist, and the level of understanding the student demonstrates regarding the actions he or she displayed. It is possible that a student may not be eligible to participate in university sponsored activities or trips if the student is not in good social standing with the university.

The list of sanctions is meant to be illustrative rather than exhaustive. The university reserves the right to create additional sanctions based on the nature of the misconduct. Sanctions may include, but are not limited to:

o Behavioral Agreement/Contract - In certain circumstances, a behavioral agreement is developed by a member of the university staff. This agreement outlines specific behaviors acceptable among all parties involved. o Community Service - This sanction may be imposed when, in the view of the hearing officer or board, the student’s actions have infringed on the community in some manner necessitating the student to provide positive service back to the community. The amount of service and deadline for completion will be described in the written notification to the student. o Educational Sanctioning - A non-punitive sanction which is usually imposed in conjunction with another sanction. These sanctions are meant to encourage learning or reflection and may include research papers, essays, etc. The educational sanction must be completed within the manner and time stated as part of the sanction. Participation in certain programs may be withheld or restricted until educational sanctions are completed. o Alcohol Restriction - In cases where students are found responsible for major alcohol violations, the unit may become “dry” for a minimum of 16 weeks exclusive of breaks. A dry apartment or townhouse is defined as an area where alcoholic beverages are prohibited. In addition, students found responsible will be sanctioned individually based on their previous AOD history. o Fines - Fines are imposed on a case by case basis. Fines pertaining to the university Alcohol and other Drug Policy are explained in full detail under the disciplinary responses to AOD violations section below. o Judicial Educator Computer Module - As part of an educational sanction, the student could be referred to the Judicial Educator, an online assignment. Modules included in this program are based on particular topics. Deadlines for completing these modules will be included in the written notification to the student. o Loss of Privileges - Students may be banned from specifically stated facilities, services, or activities for a designated period of time. Examples include, but are not limited to, loss of guest privileges, loss of parking privileges, prohibition from entering certain residence halls, prohibition from university sponsored activities, room change restrictions, etc. o Removal from Class - Students may be removed from classes if their actions are deemed to be detrimental to the educational environment. o Residence Restriction - Students who live in apartment or townhouse style areas and violate policies in regards to community living may be subject to residence restrictions. The following list is intended to be examples of restrictions that could be imposed by a hearing officer: occupancy restrictions, 24 hour quiet hours, relocation to a traditional housing option. o Restitution - Students may be required to pay the full cost of damage(s), as determined by the hearing officer. This could include the cost of materials and labor for the repair. In addition, restitution could include the cost of replacing damaged, destroyed, or stolen property. o Access Restriction - Students may be denied access to any campus building, room, activity, class or program, computer and network resources, or denied other student privileges.

Sexual Misconduct Policies

The University, in compliance with the spirit of various federal and state laws (e.g., Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, title VII of the Civil Rights Act of 1964, and other similar state and federal statutes and regulations), adopts the policy and fosters an environment where no individual may threaten the health, safety and welfare of a member of the University community; or any person on University property; or at a University sponsored or supervised activity, through the commission of a sexual assault, engaging in sexual harassment, discrimination, battery, and/or misconduct, including acquaintance rape.

The University does not condone and will not tolerate sexual misconduct, sexual harassment or sexual violence of any kind. The University prohibits rape, domestic violence, dating violence, sexual assault and stalking as well as discrimination or harassment based on sex. This policy applies to all members of the University Community including all students which includes, Post-Graduate Fellows and Post-Graduate Scholars, faculty, staff, and other university officials, whether full or part-time and guest lecturers, volunteers, contractors and visitors. Sexual misconduct may involve the behavior of a person(s) regardless of the person’s gender identity or expression against a person(s) of the opposite or same gender or against a person who is transsexual or transgender. Additionally, the policy applies to the conduct of all faculty, staff, administration, employees, students, volunteers and visitors at off-campus University: sponsored events, including, but not limited to academic and educational programming, internships, study abroad programs, athletic events, and all other University programming, as well as to the conduct of all faculty, staff, administration, employees, students, volunteers and visitors occurring off- campus but having an effect on the University’s educational environment.

The University does not discriminate on the basis of sex in its educational programs and in other activities operated by the University and is required by Title IX, and specifically 34 C.F.R. Part 106.9, not to discriminate in such a manner. This extends to employees of and applicants for admission to the University. Inquiries concerning the application of Title IX may be directed to the Title IX Coordinator, Officer or a Deputy Title IX Coordinator for the University, to the Assistant Secretary for the Office of Civil Rights of the United States Department of Education.

Definitions

Sexual assault – nonconsensual touching or contact of a sexual nature done by force, threat of force, or violence.

Sexual harassment – As defined in the 1980 Equal Employment Opportunity Commission’s Guidelines on Sexual Harassment, sexual harassment encompasses “unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature” such as intentional patting, pinching, touching or other sexually suggestive behavior that is sufficiently serious to deny or limit a student’s ability to participate in or benefit from the education program. Sexual harassment occurs when: 1. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or educational experience, creating an intimidating, hostile or offensive employment, educational or living environment for an individual. 2. Such conduct has the purpose or effect of abusing the dignity of an employee or student through insulting or degrading sexual remarks or conduct. 3. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or of a student’s status in a course, program or activity. 4. Submission to or rejection of such conduct is the basis for academic or employment decisions affecting an individual. 5. Such conduct directed against an individual persists despite requests for its cessation and/or when a claim of sexual harassment has resulted in retaliation against employees/students for complaining about such behavior. Discrimination - treating an individual differently in the terms or conditions of his or her employment or education on the basis of his or her race, color, religion, sex, ethnicity, national origin or ancestry, age, physical or mental disability, sexual orientation, gender identity, gender expression, genetic information, veteran or military status, and all other categories protected by applicable state and federal laws.

Sexual Battery - Sexual contact that occurs without consent. Consent must be communicated, mutual, non-coercive and given free of force or threat of force. A person who is physically or mentally incapacitated by drugs, alcohol, due to an intellectual or other disability, or other circumstances may not be capable of giving consent.

Consent – Consent is the equal approval, given freely, willingly, and knowingly of each participant to desired sexual involvement. Consent is an affirmative, conscious decision – indicated clearly by words or actions-to engage in mutually accepted sexual contact. A person forced to engage in sexual contact by force, threat of force, or coercion has not consented to contact. Coercion includes unreasonably pressuring another to engage in sexual activity. Lack of mutual consent is the crucial factor in any sexual misconduct. Consent to some form of sexual activity does not necessarily constitute consent to another form of sexual activity. Silence without demonstrating permission does not constitute consent.

Consent CANNOT be given if a person’s ability to resist or consent is incapacitated because of a mental illness or physical condition or if there is a significant age or perceived power differential. Incapacitation is a state in which someone cannot make rationale, reasonable decisions because the person lacks the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). Examples include, but are not limited to being: 1. Unconscious, 2. frightened, 3. physically or psychologically pressured or forced, 4. intimidated, 5. incapacitated because of a psychological health condition, 6. incapacitated because of voluntary intoxication, or 7. incapacitated because of the deceptive administering of any drug, intoxicant or controlled substance. Sexual Misconduct - Any sex discrimination that can include sexual harassment and sexual violence/assault.

Acquaintance Rape – Forced, manipulated or coerced sexual contact committed by someone who knows the victim.

Policy Scope

Southern New Hampshire University Community

Purpose

To define, prevent, and respond to sexual misconduct.

Prohibited Conduct

The university prohibits all forms of sexual harassment, sexual assault and sexual misconduct, whether perpetrated by a stranger or acquaintance, whether occurring on or off campus and whether directed against a member of the university community or outside the university. Sexual violence/assault alleged violations are investigated and processed in accordance with the discipline process outlined in the Student Handbook. Prohibited behavior includes but is not limited to the following policies:

Dating and Domestic Violence

The university specifically prohibits violence within a romantic or dating relationship. This can include physical harm, or placing the partner in fear of imminent serious physical harm. The determination of the relationship status will be made by university staff based on a number of criteria including length and type of relationship, or current or past living arrangements.

Sexual Misconduct

Sexual harassment involves the unwelcome introduction of sexual activities or comments into an inappropriate environment. Both forms of sex discrimination are prohibited. Whether on or off-campus, all community members are prohibited from the following: 4. Any type of sexual conduct that occurs without the consent of each person involved. This includes but is not limited to the following non-consensual acts: 1. the deliberate touching of a person’s intimate parts (including genitalia, groin, breast or buttocks, or clothing covering any of those areas), or use of force to cause a person to touch his or own or another persons’ intimate parts 2. penetration (anal, oral or vaginal) by any human part or inanimate object 5. Unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when: 1. submission to or rejection of such advances, requests or conduct becomes an explicit or implicit criterion for granting privileges or favorable treatment 6. Repeated and unwelcome behavior, advances, sexual comments or inappropriate conduct so severe and pervasive that it unreasonably interferes with a person’s academic performance or equal opportunity to participate in or benefit from university programs or activities. This can include, but is not limited to the following behavior: 1. offensive sexual flirtations, advances or propositions 2. verbal abuse or innuendo of a sexual nature 3. physical contact such as touching, hugging, patting or pinching 4. verbal comments, gestures, sounds or jokes of a sexual nature, including those about an individual’s body or sexual terms used to describe an individual 5. open, offensive display of sexually suggestive objects or pictures, or indecent exposure Stalking

Behavior and or electronic interactions wherein an individual willfully and repeatedly engages in a knowing course of harassing conduct directed at another person which reasonably and seriously alarms, torments, or causes the victim to suffer substantial emotional distress, is prohibited.

Reporting Responsibility

The University encourages community members to report incidents of sexual harassment, sexual assault or any other sexual misconduct immediately. A member of the University community who believes that they have been involved in an incident of sexual misconduct or who becomes aware of an incident of sexual misconduct should bring any such matter to the attention of their immediate supervisor, if employed and the supervisor is not involved, or the Title IX Coordinator of the University:

McCeil Johnson Chief Compliance Officer 1230 Elm St., 5th Floor Manchester, NH 03101 [email protected] 603-645-9664

Manager Responsibility:

Any manager who witnesses or receives a complaint of sexual misconduct must immediately contact the Title IX Coordinator or the office of Human Resources at 603-644-3125. Accordingly, a manager's failure to report sexual misconduct may warrant disciplinary action, up to and including dismissal from employment at the University. A manager's failure to report may also lead to personal liability under law.

Student and Employee Responsibility:

Everyone at the University has the responsibility to ensure that our environment is free from sexual misconduct. We expect members of our community to avoid any behavior that could reasonably be interpreted as sexual misconduct, and to report any observations of sexual misconduct.

Any student who believes that he or she has been subject to sexual misconduct should immediately contact the Title IX Coordinator (603) 645-9664, Public Safety at 603-645-9785, the office of Residential Life at 603-645-9758, coaches, Athletic Director, or any member of the Dean of Student Life and Academic Development staff. Vice President of Advising and Student Support (603) 314-1416.

Any employee who witnesses sexual misconduct must immediately contact the Title IX Coordinator, Human Resources, or anyone in a managerial position e.g., Chair, Division Director, Deans, Supervisor, Manager, Department Head, Director, or Vice President for advice and assistance and to ensure the University responds appropriately.

Any employee who has been subject to sexual misconduct should contact the Title IX Coordinator, Human Resources, or anyone in a managerial position e.g., Chair, Division Director, Deans, Supervisor, Manager, Department Head, Director, or Vice President.

Every effort will be made to protect the privacy of the reporter, restricting information to those with a legitimate need for it.

Procedure

Upon a victim’s disclosure of an incident of sexual misconduct, the University will provide the reporter a written notification outlining a number of choices including but not limited to: 1. speaking with a counselor 2. seeking medical assistance 3. reporting the incident to local police 4. mediation 5. filing formal conduct charges 6. requesting reasonable accommodations The Wellness Center

A student may also disclose any sexual misconduct to counselors in the Wellness Center. University counseling services are available 24 hours a day to assist student victims of sexual misconduct. Students can access services during normal business hours at 603-645-9679. During nights, weekends and holidays, a student can access services by contacting Public Safety who will notify a counselor on call.

Reasonable Accommodations

A student who reports being the victim of sexual misconduct may request the University to respond in reasonable ways that will support the success of the student. If it is determined by a staff member that contact between specific persons may pose a threat to the safety or emotional well-being of an individual, a No-Contact order can be issued. Other interim measures available to the University will include but are not limited to: 1. accompanying the student to the hospital or health services 2. guidance or support with filing criminal charges or engaging the conduct process 3. assistance in addressing academic concerns 4. assistance in addressing living arrangements 5. assistance in contacting community resources Confidentiality

Cases involving alleged discrimination, harassment or violence based on sex demand special attention to issues of confidentiality. Dissemination of information relating to these cases is limited so as to ensure, as fully as possible, the privacy of the individuals involved. Additionally if the complaint wishes to remain anonymous, or not pursue a formal complaint, the complainant should be advised that the University’s response may be limited. Furthermore, because of the University’s obligation to maintain a safe environment for all members of the University community, the University may have an obligation to pursue an investigation without the complainant’s cooperation. In such cases, the University will take preventative measures to preserve confidentiality to the extent permissible by applicable law.

Option I. Mediation

An individual who seeks mediation may be accompanied by a fellow student, staff member or faculty member, if desired. The Title IX Coordinator or the designated hearing officer shall immediately seek a prompt and equitable resolution to the matter by informal discussions and through mediation with the persons involved. Strict confidentiality will be maintained. The complainant has the right to end mediation at any time and request a formal review.

Option II. Formal Review

The complainant may secure a review of the matter by filing a formal request with the Title IX Coordinator. After promptly reviewing all pertinent information and interviewing all those involved, the Title IX Coordinator or the designated hearing officer shall recommend an equitable course of action to the appropriate University Office/ Department, who shall then decide on the course of action that may include any of the following: 1. No further action 2. Further investigation needed 3. Warning 4. Behavioral contract (probation) 5. Suspension 6. Dismissal Notice of the decided course of action will be given to the complainant and the accused, and copy will be kept on file with the Title IX Coordinator. The alleged party may, at that time, file an appeal with the appropriate appeal system if they wish to contest the action. Additionally, a student or applicant who believes that she/he has been sexually harassed can file a Charge of Discrimination at their regional U.S. Department of Education Office for Civil Rights. For example, The New Hampshire Regional Office is at POCH Building, 5 Post Office Square, 9th Floor, Room 24, Boston, MA 02110. A student or applicant may also file a Charge of Discrimination at their state Fair Employment Practices agency, such as the New Hampshire Human Rights Commission, 2 Chenell Dr., Concord, NH 03301.

If there is a real or perceived conflict of interest involving the actions of the designated University official or University office typically responsible for handling matters of concern for a student, employee or faculty member, an alternative University representative or University office can be contacted instead. Alternate representatives may include the Office of Academic Affairs, Provost’s Office, or Office of Human Resources. The alternate University representative or office may then designate an impartial and appropriate University official to resolve the matter following applicable University policy.

If it is determined that sexual misconduct has occurred, the University will take prompt and effective steps reasonably calculated to end the misconduct, eliminate any hostile environment and its affects, and prevent the harassment from recurring.

Retaliation against any individual who files a complaint or participates in a harassment inquiry is prohibited. Anyone who reports an actual or suspected incident of harassment, discrimination or violence based on sex, or who participates in an investigation, will not be subjected to retaliation. If a Complainant or witness believes s/he has been subjected to retaliation s/he should contact the Association Vice President for Human Resources, Title IX Coordinator or the Dean of Students, Deputy Title IX Coordinator. Anyone found to be in violation of this retaliation provision will be subject to disciplinary action.

Discipline Process

Filing a Report

When it is believed that a violation of the university Student Code of Conduct has occurred; it is documented in what is called an incident report. Incident reports can be filed by a student, faculty, or staff member who becomes aware of, observes an incident or is the victim of an incident. This report is reviewed, and, if necessary, the student will be directed to attend a hearing to determine what, if any, violation may have occurred. Students have the right to obtain a copy of the incident reports written by the reporting person. The discipline process is intended to be educational in nature and is based on the concept of due process. The procedures provide for a prompt, fair and impartial investigation and resolution. This includes reasonable notice of the violation in question and an opportunity for a student to be heard. An incident can be pursued through disciplinary charges up to one academic year after the information regarding the violation is discovered, except that complaints against former students will not be processed. Reports regarding graduating students should be filed prior to their graduation and when possible, with sufficient time before graduation so that an investigation and hearing can occur.

Reviewing a Report

Review of all alleged violations is overseen by the Associate Dean of Students, the COCE Vice President of Academic Advising and Student Success or an authorized designee. Their role is to identify those acts that may be in conflict with the Student Code of Conduct. Alleged violations are assigned to an appropriate hearing officer within Residence Life, Public Safety or Student Affairs. Generally, a 48 hour notice is given prior to a meeting/hearing. If circumstances necessitate, the hearing could be scheduled immediately. Written notice of the date, time, location, and allegation(s) is sent to a student’s university email account. Depending on the urgency, notice may also be hand delivered. For COCE students, every reasonable effort will be made to contact involved parties via SNHU e-mail and/or telephone. Students are required to check their university email and mailbox every day as part of his/her responsibilities as a student. If the student fails to attend the hearing, a decision will be made in his/her absence and his/her right to appeal the findings will be forfeited.

Depending on the nature of the report, concerning behavior can be resolved using either an informal or formal method of resolution. Formal resolution will always result in a disciplinary hearing and become part of the student’s disciplinary file. Informal resolutions can only be considered in alleged minor violations and are used at the discretion of the university staff member reviewing the report. An informal resolution may transition into a formal hearing for any reason including; new information learned during an informal meeting or an informal resolution cannot be reached. Examples of informal resolution can include:

1. Educational letter, conversation, or agreement 2. Mediation-Conflicts between individuals may be resolved through the collaborative process of mediation. If mediation is deemed appropriate, contact will be made to all parties involved and an explanation of the process will be offered. If accepted by all parties, mediation will be viewed as an alternative solution. In the event that it becomes apparent that coming to agreement in this way is not possible, the incident may be pursued thought a disciplinary hearing. All agreements reached through mediation are binding. If at any point the agreement is not being fulfilled, the negligent party may face further disciplinary action. Mediation is not an option in cases of sexual misconduct.

Preliminary Meeting

In some cases, it may be appropriate for a hearing officer, Public Safety officer or other university staff to meet or speak with students who may have relevant knowledge about an incident. This investigative process allows the responding staff member to make decisions about an informal or formal approach. These meetings also allow the university to collect information in order to meet its burden of proof. Hearing Procedures

Using formal resolution requires a hearing. The Associate Dean of Students, the COCE Vice President of Academic Advising and Student Success or an authorized designee determines whether the incident will be handled through an “Administrative Hearing” or “University Conduct Board hearing (UCB).” Some alleged violations, including violence, sexual misconduct, controlled substance use and patterns of misconduct could result in a sanction of suspension or dismissal. If the alleged violation could result in separation from the university, the matter may be reviewed by the Associate Dean of Students, the COCE Vice President of Academic Advising and Student Success, an authorized designee or the university conduct board. Cases may be referred to the conduct board when the complexity of the case or allegation is significant. The Associate Dean of Students, the COCE Vice President of Academic Advising and Student Success or an authorized designee will determine the appropriate hearing venue.

Incidents involving sexual assault, domestic violence, dating violence and stalking, the investigation and hearings procedures will be conducted by officials who receive annual training on issues related to those topics.

Hearings may be expedited to protect the members of the community. Students who are alleged to have been involved in a major violation may be suspended in the interim from either residence or the university pending a hearing if the Dean of Students, the COCE Vice President of Academic Advising and Student Success or an authorized designee deems it is necessary. Resident students may also be temporarily relocated pending a hearing. Incidents reported during the summer and during breaks when the UCB is not available may be handled through the Administrative Process. In these circumstances, the university may assemble a special panel of staff or faculty to assist with an administrative hearing.

The steps below specify the procedures that must be followed when determining if a violation of community standards has occurred and assures that due process is followed.

1. Notice - Students will receive a letter electronically from the appropriate university staff member informing them of a disciplinary hearing to discuss the incident. Students must be given at least a 48 hour notice for hearings and preliminary hearings to take place. For COCE students, every reasonable effort will be made to contact involved parties via SNHU e-mail and or telephone. At the conclusion of a preliminary hearing, the student will receive electronic notification indicating the date, time and location of the conduct board hearing. 2. Attendance - If the student fails to attend the hearing, the review will be made in his/her absence and the student will also forfeit his/her right to appeal the findings. 3. Presentation - A hearing officer will review the incident reports; students will present their own case. If the case suggests that an initial investigation should take place due to the complexity, a university staff member will be assigned to complete the investigation. 4. Finding and Sanction - Based upon the information presented, the hearing officer or conduct board will determine if the student is responsible or not responsible for the alleged violation(s). Sanctioning is considered only after responsibility has been determined and is based solely on the severity of the violation and a student's previous disciplinary record. The decision of the conduct board will be subject to final review by the associate dean of students or designee. 5. Notice of Results - An email with an attached letter notifying the student of the results of the hearing will be sent electronically no later than five business days following the hearing. Additional time may be needed if the case is complicated in nature. A copy of the notification may also be sent to the parents at the discretion of the hearing officer. Decisions made by the conduct board and/or hearing officer shall be final pending the appeal process.

University Conduct Board Hearings

The university conduct board is comprised of students, faculty and/or staff. When a case is referred to the board, the Associate Dean of Students, the COCE Vice President of Academic Advising and Student Success or an authorized designee will offer all involved students a preliminary meeting to prepare them for the process. The administrator will be available to discuss the incident reports, students’ rights, and the hearing process. In cases assigned to the conduct board, members will participate on a rotating basis. The university conduct board is composed of students, faculty and/or staff. Attendance at hearings ranges from three to six conduct board members. The associate dean of students (or designee) will determine the composition of the board and serve as a non-voting advisor to the board.

Students participating in a conduct board hearing will be given the names of the conduct board members in advance of the hearing. Should a student believe that any voting board member is biased or could not render an impartial judgment; the student may challenge the individual’s participation in the hearing. The Associate Dean of Students, the COCE Vice President of Academic Advising and Student Success or an authorized designee will rule on such challenges, and the decision will be final.

Hearing Guidelines

The following guidelines generally apply to administrative and university conduct board (UCB) hearings. They help to outline a common understanding of the rights and responsibilities generally afforded to students participating in the discipline process. Since every case is unique, the guidelines may be changed or modified by a hearing administrator or UCB panel as needed.

2. Pending action on any disciplinary allegations, the status of students shall not be altered, nor their rights to be present on campus or to attend classes suspended, except to protect the health or safety of students or staff or to safeguard university property. 3. Students are responsible for all violations that occur in their residence through encouragement or neglect. 4. Students have the right to obtain a copy of the incident reports written by university staff. The hearing administrator and/or UCB panel members will have an opportunity to review the incident report and relevant information prior to the hearing. 5. All written or physical evidence not contained in the originating incident report must be presented to the Hearing Officer or UCB Advisor 24 hours before the hearing is scheduled to begin. 6. Written witness statements must be presented to the hearing officer 24 hours in advance of the hearing. Witnesses are defined as someone who witnessed the actual incident. Witnesses may be called in to discuss their statement in advance of the hearing. This will be at the discretion of the hearing officer. 7. The burden of proof is on the university to show that the student is responsible for the violation or a pattern of misconduct. The rules of evidence applicable to civil and criminal cases do not apply. The decision shall be made based upon a preponderance of the information presented – whether a violation of university policy more likely than not occurred. 8. A student may have an advisor of his/her choosing from within the university community present at the hearing. The advisor may be selected from the faculty or staff at the university. The advisor shall not participate directly in any aspect of the hearing; the advisor may only confer with the student. It is the students responsibility to present all aspects of his/her own defense. Students must notify their hearing officer in writing at least 24 hours prior to a hearing with the name of the advisor. 9. A student may seek the advice of legal counsel in preparing for the case or hearing, but legal assistance will not be allowed during the hearing whether by means of presence at the hearing or by recess and conference outside the hearing. 10. Students may refuse to answer a question noting that the hearing officer or UCB panel will decide the matter based upon the information it has available at the time of the hearing. 11. If at any time during the course of a hearing, any person exhibits behavior or language that is disruptive or threatening, he/she may be dismissed and the process will continue without their presence or input. 12. Admission of any person into the hearing will be at the discretion of the Hearing Officer or UCB Advisor. 13. In incidents involving more than one party, the hearing may be conducted as a joint hearing. 14. The hearing will be conducted formally and summary notes could be kept. Hearing officers may audio record the hearing if he/she deems it is appropriate. 15. If a student is found responsible, the hearing officer or UCB panel members will review the students’ full disciplinary record to decide if a sanction should be more severe based upon past history. This information is not used to determine responsibility. 16. Students will receive a letter electronically from the appropriate university staff member informing them of a disciplinary hearing to discuss the incident. An e-mail with an attached letter notifying the student of the results of the hearing will be sent electronically no later than five business days following the hearing. Additional time may be needed if the case is complicated in nature. In cases involving both an accused and accuser both will be notified of the outcome. 17. If the student fails to attend the hearing, the review will be made in his/her absence and the student will also forfeit his/her right to appeal the findings. 18. A student that has participated in the discipline process and been found in violation of the Student Code of Conduct may file a written appeal. Appeals may only be granted if one of three criteria is met. In cases involving assault, both the complaining and responding party may file an appeal. The hearing process may accommodate concerns for the personal well-being, and/or fears of confrontation of the complainant, accused student, and/or other witnesses during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videophone, closed circuit TV, video conferencing, videotape, audio tape, written statement, or other means. This determination will be based on the judgment of the associate dean of students or his/her designee.

Appeal Process

The purpose of the appeal process is to ensure that a student has been treated fairly in the disciplinary process. A student that has participated in the discipline process and been found in violation of the Student Code of Conduct may file a written appeal. In cases involving sexual assault, stalking, dating violence and domestic violence both the complaining and responding party may file an appeal.

Appeals will be heard by the Associate Dean of Students, the COCE Vice President of Academic Advising and Student Success or an authorized designee or two members of the conduct board. If a case was originally heard by the conduct board, the appeal will be reviewed by two members of the conduct board that did not originally hear the case. If a case was originally heard and determined by the Associate Dean of Students, the COCE Vice President of Academic Advising and Student Success or an authorized designee, the appeal will be reviewed by two members of the conduct board. The Dean of Students (or designee) may review the outcome of an appeal and modify the decision with both the ability to increase or decrease the severity of a final outcome. An appeal must demonstrate one or more of the following bases for appeal and explain in detail the support for each basis:

1. New information is now available that was not at the time of the hearing. This information may have been sufficient to alter the original hearing officers’ decision. This new evidence will be considered only if it is clear that the evidence could not have been known by the student(s) appealing at the time of the original hearing. 2. A procedural error occurred and the hearing was not conducted in accordance with procedures prescribed by the disciplinary process. This procedural error impaired a student’s right to a fair opportunity to be heard. 3. The severity of the sanction is not appropriate for the violation(s) committed, and the past disciplinary history of the student. This is not applicable for minimum standard sanctions of the Alcohol and Other Drug Policy.

The appeal review is limited to an analysis of the written appeal document, the notes and documents of the initial hearing, and an interview with the original hearing officer or advisor of the hearing board. If the appeal is based on the appropriateness of the sanction(s) issued, a complete review of the student or student organization’s disciplinary history, including previous sanction(s), will take place. In cases where new evidence has emerged, this information will be included as part of the review process. If new information or a procedural error has been determined through the appeals process, the case may be referred to another hearing officer to allow for a reconsideration of the original finding. The new hearing will be scheduled as soon as possible. If there is reason to believe that the sanctioned student or other members of the university community are at risk, or a need exists to protect university property or prevent disruption of the university’s educational process, the dean of students or designee may immediately enforce any or all of the original sanctions and those sanctions shall remain in effect pending the final outcome of the appeal. All decisions resulting from an appeal review shall be final. Although a verbal notification may be provided to the student, an e-mail notification of the decision shall be sent within seven business days of the review.

Instructions for submitting the Petition for Appeal:

1. Forms can be obtained through my.snhu.edu/ and should be turned into the Office of Student Affairs located in the Student Center. COCE students must submit forms to [email protected]. 2. The Petition for Appeal must be submitted within five business days of the discipline decision being rendered. 3. If the appeal is reviewed, a decision will be made within one week of receiving the petition. Outcomes could include: the decision may be upheld, dismissed, changed, or a new hearing may be granted. In cases of sexual assault, the university has the right and is required to notify the victim. 4. If a decision is overturned, the person(s) hearing the appeal will provide a written rationale for overturning decisions to the staff member who made the original finding.

ALCOHOL AND ILLEGAL DRUGS

Southern New Hampshire University is committed to maintaining an environment of teaching and learning that is free of illicit drugs and alcohol. For many years, the University has had in place a policy to assist those with substance abuse, and a list of agencies available to support faculty, staff, and students is provided in various Southern New Hampshire University publications. The Drug-Free Schools and Communities Act Amendments of 1989 require that Southern New Hampshire University, as a recipient of federal funds, including federally- provided student financial aid, notify its students and employees annually that the unlawful possession, use, or distribution of illicit drugs and alcohol on University property is prohibited. In compliance with the requirements of the Drug Free Schools and Communities Act Amendments of 1989, all students and employees of Southern New Hampshire University are notified of the following:

1) The unlawful possession, use, and distribution of illicit drugs and alcohol on the University campus or during University sponsored activities are prohibited.

2) Students and employees who are found to be in violation of this stated prohibition may be subject to arrest and conviction under the applicable criminal laws of local municipalities, the State of New Hampshire, or the United States. Conviction can result in sanctions including probation, fines and imprisonment. 3) Students who are found to be in violation of this stated prohibition are subject to discipline in accordance with the procedures of the Student Conduct System. Discipline may include disciplinary probation or dismissal from the University.

4) Faculty and staff employees who are found to be in violation of this stated prohibition are subject to discipline in accordance with the applicable University employment rules and procedures. Discipline may include probation, suspension, or termination of employment. In addition to the above requirements, and in accordance with the requirements of the Drug-Free Workplace Act of 1988, all employees are notified that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance by University employees on University premises or off our premises while conducting University business is prohibited. Violation of this policy will result in disciplinary action, up to and including termination and may have further legal consequences.

Federal Drug Laws

The possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are provided for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of Federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.

A. Denial of Federal Benefits 21 U.S.C. 862

A Federal Drug Conviction may result in the loss of Federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal Drug Trafficking convictions may result in denial of Federal Benefits for up to 5 years for a first conviction, 10 years for a second conviction, and permanent denial of Federal benefits for a third conviction. Federal Drug convictions for possession may result in denial of Federal benefits for up to 1 year for a first conviction and up to 5 years for subsequent convictions.

B. Forfeiture of Personal Property and Real Estate 21 U.S.C. 853

Any person convicted of a Federal drug offense punishable by more than 1 year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued and property is seized at the time an individual is arrested on charges that may result in forfeiture.

C. Federal Drug Trafficking Penalties 21 U.S.C. 841

Penalties for Federal Drug Trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The list below is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe. If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces a mandatory life sentence and fines ranging up to $8 million. Persons convicted on Federal charges of drug trafficking within 1,000 feet of a University (21 U.S.C. 845a) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least 1 year.

D. Federal Drug Possession Penalties

Persons convicted on Federal charges of possessing any controlled substance face penalties of up to 1 year in prison and a mandatory fine of no less than $1,000 up to a maximum of $100,000. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than 3 years in prison and a minimum fine of $5,000.

New Hampshire State Laws

The legal drinking age in New Hampshire is 21. If you are under 21, it is illegal to

(1) Have in your personal possession any alcoholic beverages, (2) Misrepresent your age for purpose of obtaining alcoholic beverages, (3) Drive in a car having alcoholic beverages except when accompanied by a parent, guardian, and spouse 21 years of age, (4) Be in an area where alcoholic beverages are served unless accompanied by person 21 years of age. Penalty: fine and/or time in jail.

It is illegal for anyone to

(1) Sell, give away or procure alcoholic beverage to a minor or individual who is intoxicated (2) Charge for alcoholic beverages without a license (3) Manufacture, sell, possess or use a falsified ID (4) To lend a driver’s license to be used for unlawful purpose. Penalty: fine and/or jail sentences.

Substance Amount Penalty – First Conviction Heroin 1 kg or more Prison: not less than 10 years, Not more than life. Fine: up to $4 million Cocaine 5 kg or more Crack Cocaine 50 gm or more Methamphetamine 100 gm or more PCP 100 gm or more LSD 10 gm or more Marijuana 1000 kg or more Heroin 100-999 gm Prison: not less than 5 years, Not more than 40 years. Fine: up to $2 million. Cocaine 500-4,999 gm Crack Cocaine 5-49 gm Methamphetamine 10-99 gm PCP 10-99 gm LSD 1-10 gm Marijuana 100-1000 Amphetamines Any amount Prison: up to 5 years. Fine: up to $250,000 Barbiturates Any amount Marijuana 50-100 kg Prison: up to 20 years. Fine: up to $1 million Hashish 10-100 kg Hash Oil 1-100 kg Marijuana Less than 50 kg Prison: up to 5 years. Fine: up to $250,000 Hashish Less than 10 kg Hash Oil Less than 1 kg

(DWI) Driving While Intoxicated and Driving Under the Influence (DUI)

You may be found guilty of DWI if you drive a vehicle while you have a 0.08% blood alcohol concentration if 21 years of age or 0.02% if under the age of 21.

Unlawful Possession

Any person under 21 years of age who has in their possession any alcoholic beverages is guilty of a violation and will be fined a minimum of $250. Any second and/or subsequent offenses will be fined at least $500.

A penalty assessment fee of 17% will be added to the above fines.

If you are under the age of 21 and are found guilty of illegal possession of alcohol you will be given a probationary driver’s license until 21 years of age. Any subsequent alcohol violations will result in suspension of driver’s license.

It is a violation for a minor not only to possess alcohol, but also to be intoxicated or have a BAC level of .02 or more (internal possession of alcohol). Penalty: a fine and may suspend driver’s license or privilege to drive.

Keg Registration Law Law requires sellers of keg beer to create a record of purchases and to obtain the identity of the purchaser. Sellers will attach a unique label to the retail keg which will enable law enforcement to determine the identity of the seller as well as the purchaser. If contents of the keg are consumed by a minor, law enforcement will have an avenue to identify the purchaser of the keg. Any person who removes the label shall be guilty of a violation which is punishable by a $1,000 fine.

SOUTHERN NEW HAMPSHIRE UNIVERSITY

Drug and Alcohol Policy Statement

In accordance with: DRUG-FREE WORKPLACE ACT OF 1988 and DRUG-FREE SCHOOLS AND COMMUNITIES ACT AMENDMENTS OF 1989 - PUBLIC LAW 101-226 – HOUSE BILL 464 faculty and staff are responsible for knowing and complying with the provisions of the LAW as they refer to the unlawful possession, sale, manufacture, use or distribution of alcohol and other drugs. Any employee, guest or visitor who violates pertinent federal, state and/or local law, either within the academic community of SNHU, or in a manner that otherwise affects the academic community, thereby violates SNHU policy.

Any employee convicted of any criminal drug statute violation occurring within the Southern New Hampshire University community must notify the appropriate supervisor and/or management person no later than five (5) calendar days after such conviction. Any employee who fails to provide notification shall be subject to discipline action up to and including dismissal. Disciplinary action against an employee convicted of a drug offense within the SNHU community must commence within thirty (30) days after receipt of notice of the conviction.

Penalties will be imposed for violation of the policies of SNHU only in accordance with procedural safeguards applicable to disciplinary actions against employees, students, guests and visitors. The penalties that may be imposed range from warnings with probationary status to expulsions from enrollment and/or discharge from employment. Every employee, student, guest and visitor of SNHU is responsible for being familiar and complying with the terms of the policy on illegal drugs adopted by SNHU.

Southern New Hampshire University recognizes alcohol and other drug dependency as an illness and a major health problem. Alcohol is the number one drug problem in this country and on campus. Drinking alcohol has acute effects on the body. It impairs judgment, vision, coordination and speech and often leads to dangerous risk-taking behavior. This may include drunken driving, injuries and serious accidents. Nearly half of all accidental deaths, suicides and homicides are alcohol related. The misuse of alcohol is often involved in violent behavior, acquaintance rape, unintended pregnancies, and exposure to sexually transmitted diseases. Long term excessive drinking and other drug use can lead to a wide variety of health problems in many different organ systems. The use of alcohol and other drugs can cause physical and psychological dependence and can interfere with memory, sensation and perception. Drugs impair the brain's ability to synthesize information. Regular users of drugs develop tolerance and physical dependence often experienced by withdrawal symptoms. The psychological dependence occurs when the drug- taking becomes central to the user's life.

A MATTER OF SUBSTANCE August 2015 New Hampshire

Date: September 2015

To: All Southern New Hampshire University Students, Staff and Faculty

From: Dr. Paul LeBlanc, President

"A Matter of Substance" is an educational activity of the SNHU Student Assistance Program and the Office of Human Resources & Development aimed at informing you of the University's expectations about alcohol and other drugs.

The information in this publication is prepared for annual distribution to all SNHU students and staff, as required by the US Department of Education's Drug-Free Schools and Campuses Regulations. Recipients of funding and other support (e.g. grants, contracts) from the federal government may be subject to additional restrictions and conditions imposed upon them by the Drug-Free Workplace Act of 1988.

We encourage you to review this information carefully. STATE OF NEW HAMPSHIRE - ALCOHOL AND OTHER DRUG ABUSE TREATMENT AND COUNSELING Unless area is noted, all calls are in area code (603)

1* SNHU Counseling Services/SAP Coordinator 645-9679 (Manchester, NH campus)

2* Al-Anon/Alateen 1-877-825-2666 (Concord, Toll Free)

3* Alcoholics Anonymous 622-6967 (Manchester); 1-800-593-3330 (Toll Free) NH AA

4* Bedford Counseling Association 623-1916 (Bedford)

5* Brattleboro Retreat 1-800-738-7328 (Toll Free)

6* Center for Life Management 434-1577 (Derry)

7* Behavioral Health Unit@ Portsmouth Hospital 436-0600 1-800-924-1086 (toll free) in State 1-800-221-9666 out of state

8* Farnum Center Treatment Services 622-3020 (Manchester)

9* Hampstead Hospital 329-5311 (Hampstead)

10*Health and Human Services 1-800-852-3345 (Concord, Toll Free)

11*Keystone Hall 881-4848 (Nashua)

12*Mental Health Center of Greater Manchester 668-4111 (Manchester)

13*Narcotics Anonymous 645-4777 (Manchester)

 REAP Serenity Place 625-4528 (Manchester)

 Tirrell-Halfway House 668-2971 (Manchester)

14*Veterans’ Administration Medical Center 624-4366 (Manchester)

POLICY STATEMENT Southern New Hampshire University is committed to providing a climate that supports academic and personal growth. To safeguard this environment, the university provides a comprehensive prevention program to promote positive norms. Furthermore, rules and regulations regarding the use of alcohol and other drugs (AOD) have been established for the university.

As a member of the university community, it is your responsibility  to know and to abide by campus rules and regulations,  to understand the risks associated with the use and abuse of alcohol and other drugs,  to assist the university in creating an environment which promotes health-enhancing attitudes and activities, and  to accept personal accountability for your own use of alcohol and other drugs, even at university or student organization sponsored functions.

SNHU recognizes that substance abuse is a complex problem which is not easily resolved solely by personal effort and which may require professional assistance and/or treatment. Accordingly, SNHU has designated individuals to assist university community members who seek referral for assistance with a substance abuse problem.

If you have concerns about substance abuse, take advantage of the diagnostic, referral, counseling and prevention services available. If you do use these services, you will not be granted special privileges or exemptions from standard academic and conduct requirements or standard personnel practices applicable to job performance requirements. The university will not excuse acts of misconduct committed by anyone whose judgment is impaired due to substance abuse.

SALE, POSSESSION AND USE OF ALCOHOLIC BEVERAGES

The sale, possession and use of alcohol on campuses of SNHU must comply with the laws of the State in which the campus is located and with local campus regulations and procedures. The acquisition, possession, transportation and consumption of alcohol by anyone less than 21 years of age is prohibited by state law and SNHU policy.

Alcohol may be possessed or consumed on SNHU property only by persons 21 years of age or older in appropriately licensed and/or approved campus facilities. You are expected to assume responsibility for your own behavior while drinking and must understand that being under the influence of alcohol in no way lessens your accountability to the SNHU community.

CONTROLLED SUBSTANCES AND DRUG PARAPHERNALIA

The possession, use, manufacture or distribution of illegal drugs and the possession of drug paraphernalia (e.g. bongs, bowls, pipes, dugouts, roach clips) is prohibited at any time on University property and as part of any university activities. Furthermore, you may not be under the influence of an illegal or controlled substance at any time. The use of prescription drugs for other than their intended medical purposes or their possession by a person to whom the medication was not prescribed is not permitted. Faculty, staff, students, and guests known to use, possess, manufacture or distribute illegal drugs are liable to public law enforcement actions and university disciplinary actions. The determination of controlled substances and/or paraphernalia will be made by the individual reporting the incident.

Sanctions for violation of this policy

Students who violate the SNHU policy will be subject to disciplinary action by the university. The severity of the imposed sanctions will be appropriate to the violation. Violations of policies concerning illicit drugs and alcohol will result in the imposition of sanctions that may include restitution, official censure or reprimand, probation, expulsion, suspension, referral for prosecution or other actions SNHU deems appropriate.

STUDENT ASSISTANCE PROGRAM (SAP) SAP is designed to provide a service to students whose personal problems, in particular substance abuse, are adversely affecting job or academic performance. You may access SAP in one of two ways:

Self-Referral/Employer/: You may self-refer to SAP or may be referred by an employer due to performance issues at work, in the classroom or on your team. If you self-refer or are referred by an employer to SAP, any on-campus assessment services are confidential and free of charge. Any services provided beyond the campus may involve costs to you, but in some cases these costs are discounted or covered by medical insurance.

Policy Violations: The SAP Committee meets regularly to review student violations of the university's Alcohol and Other Drug Policy. Reviews by the committee are conducted to identify behavioral patterns that pose a health or safety risk to the individual or the university community. Activities of the SAP Committee are educational in nature and complement the disciplinary sanctions imposed by the university. If a university official refers you after an Alcohol or Other Drug Policy violation or as a result of an academic or behavioral concern, SAP members may be required to share information with other university officials.

For more information, contact the Wellness Center Director at (603) 645-9679.

UNIVERSITY COMMUNITY RESOURCES

CAMPUS BASED: The Office of Human Resources – Exeter Hall - offers confidential assistance with referrals for staff, as well as, benefit information. The Office of Human Resources – COCE – offers confidential assistance with referrals for staff, as well as, benefit information. The Wellness Center – Student Center - (603) 645-9679 offers limited short-term outpatient service and referral information for students.

COMMUNITY BASED: The Employee Assistance Program (EAP) offered through Anthem provides assessment and referral for a wide range of concerns facing employees and their love ones including Substance use disorders. All interactions provided by our EAP are private and confidential. To speak with a consultant please call 1-800-647-9151. If you are covered by the SNHU health insurance (HMO Blue or Blue Choice) you may contact the Behavior Health Network at 1-800-228-5975 for a referral.

This summary sheet has been compiled and distributed to all members of the SNHU community to meet the requirements of the Drug-Free Schools and Communities Act. In addition to this policy, other SNHU policies remain in force.

These policies are available in the following documents in the Office of Human Resources:

-SNHU Policy Statement -The Drug-Free Workplace Act of 1988- -Substance Abuse Policy- -Description of the Applicable Sanctions under Local, State, and Federal Laws for the Unlawful Possession or Distribution of Illicit Drugs and Alcohol- -Drugs and Alcohol Treatment and -Counseling Centers- -Health Risks of Drug Use

SUMMARY OF LEGAL SANCTIONS FOR THE UNLAWFUL POSSESSION OR DISTRIBUTION OF ILLICIT DRUGS AND ALCOHOL PROVIDED IN COMPLIANCE WITH THE DRUG-FREE SCHOOLS AND COMMUNITIES ACT

Local, state, and federal laws make illegal use of alcohol and other drugs serious crimes. Conviction can lead to imprisonment, fines and assigned community service. A felony for such an offense can prevent an individual from entering many fields of employment and licensed professions.

Cities and towns in New Hampshire prohibit public consumption of alcohol and impose fines for violation.

New Hampshire laws prohibit (1) sale or delivery of alcoholic beverages to persons under 21 and (2) misrepresentation of one's age or falsifying an identification to obtain alcoholic beverages. A first conviction of driving under the influence has a penalty fine of up to $2000 and loss of license for not less than 90 days and up to two years. Both offenses are misdemeanors punishable by up to one year in jail and possible fines.

Effective May 24, 2004, New Hampshire passed House Bill 464 which established a criminal penalty for facilitating a drug or underage alcohol house party. The language of this bill states that a person is guilty of a misdemeanor is s/he owns or has control of an occupied structure where a party is held AND continues the party knowing that people under the age of 21 possess or intend to consume alcoholic beverage or use controlled drugs at the party. New Hampshire has criminal penalties for the illicit use of controlled substances (or "drugs"), with penalties varying with the type of drug. In general, narcotics, addictive drugs, and drugs with a high potential for abuse have heavier penalties.

CONTROLLED DRUGS INCLUDE: Amphetamines, barbiturates, cocaine, crack, D.M.T, hallucinogens, marijuana, mescaline, narcotics, opiates, psilocybin, tranquilizers, and all other drugs of a similar nature which are either outlawed outright or illegal when not prescribed by a physician.

Possession of drugs is illegal without valid authorization. While penalties for possession are generally not as great as for manufacture and distribution of drugs, possession of a relatively large quantity may be considered distribution. Under both state and federal laws, penalties for possession, manufacture and distribution are much greater for second and subsequent convictions. Many laws dictate mandatory prison terms and the full minimum term must be served.

Persons convicted of drug possession under state or federal law may be ineligible for federal student grants and loans for up to one year after the first conviction and five years after the second; the penalty for distributing drugs is loss of benefits for five years after the first, 10 years after the second and permanently after the third conviction.

Under Federal law, distribution of drugs to persons under age 21 is punishable by twice the normal penalty with a mandatory one year in prison; a third conviction is punishable by mandatory life imprisonment. These penalties apply to distribution of drugs in or within 1,000 feet of a College or School. Federal law sets greatly heightened prison sentences for the manufacture and distribution of drugs in or within 1,000 feet of a college or school. Federal law sets greatly heightened prison sentences for the manufacture and distribution of drugs if death or serious injury results from use of the substance.

9/2015

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