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Rights
Of Respondents
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the past several decades, the courts have established that universities
have the right and obligation to enforce rules and expectations of
student conduct. Students are also guaranteed certain rights by the
United States Constitution. In addition, UNH has developed additional
protections for the respondent to ensure a fair resolution process.
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Students
and student organizations who are charged with alleged violations of any
University rules have the right to the following:
- Resolution
of charges in accordance with UNH student judicial system policies.
- Fair
notice of charges, including time and place of the alleged violation,
so that he/she understands the charges being made against him/her.
- To reconsider
the result of an informal meeting within 24 hours after the meeting.
- A hearing
if the situation is not resolved in an informal meeting, which includes
an opportunity to respond to charges.
- At least
3 calendar days written notice to prepare for a hearing.
- Knowledge
of the name(s) of the person(s) bringing charges and the time and place
of the hearing.
- The opportunity
to have the assistance of a trained Student Advisor in preparing for
a hearing and during a hearing as defined by UNH student judicial system
policies. Only students or staff selected, trained, and supervised through
the Judicial and Mediation Programs Office may serve as a Student Advisor.
- To be
assumed not responsible until the complainant has demonstrated, through
evidence, that the respondent more likely than not violated the rule(s)
of conduct in question.
- Right
to remain silent: a student or student organization against whom charges
have been made may choose not to speak in his/her own defense. The choice
shall neither preclude the right to present and cross-examine witnesses
and consider other evidence, nor shall it be regarded as an admission
of responsibility.
- The right
to an attorney's counsel if criminal charges are pending or likely.
- Request
an appeal of a decision of the Hearing Officer/Board by an Apellate
Officer/Appellate Board.
- Written
notice of the results of hearings and appeals.
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