Preparing for a conduct hearing
This page is designed to assist you in understanding the university conduct process and helping you prepare for a formal conduct hearing. If you have questions at any point in the process, make sure you take the initiative and ask someone for assistance. You will be assigned a student advisor when you receive your hearing notification. It's up to you to get in touch with that person and set up a time to meet as soon as possible before your hearing. If you have any trouble contacting your student advisor, please contact the Office of Conduct & Mediation at 862-3377 as soon as possible.
STEPS TO THE HEARING PROCESS
After you have been documented for an incident you should receive the following within a couple days from a complainant:
- An Incident Report describing the incident and charges.
- A Request for Informal Meeting - a letter asking you to meet with the complainant.
Before meeting with the complainant, read through the incident report. It’s usually helpful to make notes about anything you have questions about or disagree with.
Schedule a meeting with the complainant within two school days of receiving the incident report (the sooner the better).
The informal meeting is an opportunity for you to discuss the incident with the complainant and ask questions about how the conduct process works.
In this meeting you will complete a form called The Summary of Informal Meeting. This is to decide whether you would like to have a...
Responsibility Hearing - If you disagree with the charges on the Incident Report and would like a third party to decide whether you should be found responsible. Or a...
Sanction Hearing - If you agree with the charges on the Incident Report and wish to have sanctions determined by a hearing officer.
At some point after the informal meeting (usually within 2 weeks), you will be informed (by an email sent to your unh account) of the scheduled date, time and location of your formal hearing. You will also be assigned a student advisor.
Some things to do to prepare for your formal conduct hearing:
- Contact your Student Advisor as soon as possible to set up a meeting to discuss the case. The student advisor will offer guidance on the conduct process, but it is your responsibility to prepare for your hearing.
- For a Responsibility Hearing, write down the facts of the incident from your perspective and why you believe you should not be found responsible for the charges.
- For either type of hearing, write down possible sanctions you would like to recommend if you accepted or are found responsible for some or all of the charges.
If you disagree with the outcome of the hearing you may appeal the decision if one or both of the following have taken place:
- You requested a Responsibility Hearing and were found responsible for any charges.
- You were placed on disciplinary probation or received a separation sanction.
When you receive your hearing decision, an appeal petition will be included if you are eligible to appeal the decision.
Complete this form and attach a written statement on why you are appealing. Submit this to the Office of Conduct and Mediation within 2 school days from when the decision is released.
You have the right to:
- The assistance of a student advisor.
- Waive the informal meeting and go directly to a hearing.
- Disagree with the conduct charges and recommended sanctions in the informal conduct meeting.
- Change any decision made in the informal meeting within 24 hours after the meeting.
- At least three (3) calendar days written notice of the date, time, and place of a hearing in order to prepare for your hearing.
- Respond to the complainant’s charges by submitting a Student’s Response to Charges to the Office of Conduct and Mediation.
- A fair hearing in accordance with the policies outlined in the Student Rights, Rules and Responsibilities publication and the Office of Conduct & Mediation website: www.unh.edu/ocm
- Request postponement of a scheduled hearing if you have a valid reason. Requests must be submitted in writing (note: hearings are rarely rescheduled and only in extreme circumstances)
- Have an attorney advise you of your fifth amendment rights during your hearing or informal meeting if criminal charges are pending or are likely to result.
- Appeal the hearing decision on the basis of procedural error, lack of substantial evidence, inappropriate sanction, and/or new evidence if you are found responsible or if you are sanctioned with probation, eviction, suspension, or dismissal from the university.
- Receive written notice of the results of a hearing and appeal decision in a timely manner.
You have the responsibility to:
- Contact the Office of Conduct & Mediation if you need assistance.
- Contact your student advisor as soon as possible after you are notified of your hearing.
- Respond in a timely manner to a request for informal meeting.
- Be honest and respectful throughout the conduct process.
- Comply with all agreements reached with complainants and all decisions rendered by the hearing officer/board.
- To review carefully and respond if necessary to all hearing notifications, hearing decisions and appeal outcomes.