Rights Of Respondents

Over 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.

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.

Judicial and Mediation Programs
Hitchcock Hall Rm. 4
5 Quad Way-UNH
Durham, NH 03824
J.Whitney, webquestions
Contact: Esther Tardy-Wolfe, J.D.
Associate Director of Student Life
Director of Judicial and Mediation Programs
Phone (603) 862-3377
Fax (603) 862-4787