Conduct Policies and Administrative Procedures

Article IV: Conduct Policies and Administrative Procedures

A. Charges

1. Any member of the University community may file charges against any student for misconduct. Charges shall be prepared in writing and directed to the Director of the Office of Community Standards or designee who is responsible for the administration of the University conduct system. Any charge shall be submitted no later than twelve (12) months after the occurrence of the alleged incident and the discovery of the identity of the student(s) involved. Complainants are encouraged to file charges as soon as possible after the alleged incident to ensure witness and evidence availability. If a student has withdrawn or withdraws after the filing of such charges, either (1) a “hold” will be placed on the student’s academic record and the student notified that disciplinary action may be initiated upon the student’s application for read­mission, or (2) the University may proceed to resolve the disciplinary action.

2.  Investigation: The Director of Community Standards or designee may conduct an investigation to determine if there is sufficient evidence to file charges and/or if they can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to the Director or designee. Such disposition shall be final and there shall be no subsequent proceedings. If the charges cannot be disposed of by mutual consent, or if they are found by the Director of Community Standards or designee to require a hearing a formal conduct hearing shall be scheduled.

3. Any student ineligible to register for or attend classes at any one USNH institution because of a pending student disciplinary charge shall be ineligible to register for or attend classes at any other USNH institution for as long as the charge remains pending.

4. Members of a recognized student organization may be charged as an organization and/or individually with violation(s) of the Student Code of Conduct. Guidelines for Charging Student Organizations:

a.    One or more officers or authorized representatives acting in the scope of their capacities, commit the violation.

b.    One or more members commit the violation after the action that consti­tutes the violation was approved by a vote of the organization or was part of a committee assignment of the organization.

c.    The violation is committed at an activity funded by the organization.

d.    The violation occurs as a result of an event sponsored by the organization.

e.    One or more members of an organization or its officers permit, encourage, aid or assist in committing a violation.

f.     Members of an organization fail to report to appropriate University authorities knowledge or information about a violation.

5. Medical Amnesty - When a student acts on behalf of another student and request help to emergency personnel or a UNH staff member for a condition stemming from the use of alcohol or other drug, both the student(s) offering assistance and the student in need of medical attention have the option of filing for medical amnestyIf medical amnesty is determined to be applicable, the student involved would have to attend an alcohol or other drug awareness course provided by the Office of Health Education and Promotion at Health Services.  Pending completion of the alcohol or other drug awareness course the student will be found not responsible for violation of the Code of Conduct. Guidelines for Medical Amnesty:

a.  Medical amnesty may be granted for the student needing medical attention once per student as long as the student is enrolled at UNH.  A student acting on behalf of another student needing medical attention can apply for medical amnesty without limitation.

b. Students who wish to apply for medical amnesty will have to do so within two business days after meeting with the complainant.  The student must have proof that professional help was requested.            c. Prior alcohol violations could reduce a student's likelihood of being granted medical amnesty.             d. Parents or legal guardians of the student applying for medical amnesty will be notified of the student’s arrest by the police as per normal process.  Parents or legal guardians will be notified of the student’s conduct violation(s) through the Office of Conduct and Mediation as per normal process allowed under FERPA (Family Educational Rights and Privacy Act).                                                                                

e. The student applying for medical amnesty will assume the costs associated with the alcohol or other drug awareness course.                                                                                                                                                             f. Recognized UNH Student Organizations are not eligible to apply for medical amnesty.                         g. If arrested, students may want to seek legal advice before applying for medical amnesty.  Application can be made at the arresting police department.

 

B. Informal and Formal Action

Informal Action

In some cases of student misconduct a disciplinary hearing may not be neces­sary. This is most often true when the student admits responsibility and the violation typically results in a sanction up to probation, rather than a separa­tion sanction.

1. In this case, the student might receive a Violation Form from a Hall Direc­tor, the University Police, or other faculty or staff member. The Violation Form will contain information about the alleged violation; including date, location, and nature of the incident. The student may choose to resolve the matter at this level by accepting responsibility and prescribed sanctions. If the student wishes to discuss the incident and prescribed sanctions with the person who prepared the notice of conduct violation, s/he must contact that person within 48 hours of receiving the Violation Form. A meeting will then be held to finalize facts around the incident and sanctions. Following that meeting, the person who prepared the Violation Form will decide the appro­priate resolution of the complaint. Decisions made in meetings are final if sanction is less than probation. In the event that the complainant is the first hand observer of the incident, and a meeting is requested, then an alternate staff member will conduct the meeting. A summary of the resolution will be filed in the Office of Conduct and Mediation and becomes part of the respon­dent student’s disciplinary file.

2. If one of the sanctions includes probation, the respondent may request a review. The scope of the review is limited to a) affirm or reduce the sanction, and b) determine if a preponderance of the evidence supported the finding of responsibility. The respondent is eligible for a review only after s/he meets with the complainant. A written request for review must be delivered to the Office of Community Standards within two business days after the Violation Form is finalized between the complainant and respondent. In the event the student chooses not to return the completed form within two business days, then reso­lution of the case becomes final.

3. If a student is charged with a second violation which does not rise to the level of a separation sanction then the complainant and respondent can meet infor­mally to resolve the case. This meeting is an opportunity for the respondent to discuss the allegations of misconduct with the complainant, which may be a Residence Hall Director, UNH Police Officer, or other University pro­fessional staff member, or University student. During the Informal Meeting, the respondent will be invited to discuss and review information contained in the incident report, and will be encouraged to ask questions concerning all charges against him or her, as well as the available options for resolution within the UNH student conduct system. If an agreement is reached at the Informal Meeting, it will be summarized in a written formal agreement con­taining the violation(s) of the Student Code of Conduct for which the respon­dent has accepted responsibility, and the agreed upon sanctions. All agreements on responsibility and sanctions are subject to final approval of the Director of Community Standards or designee.  This written agreement becomes part of the student’s disciplinary file that is maintained in the Office of Community Standards.

 

Formal Action

Hearings. Disciplinary Hearings (for Hearing Procedures, see Section C). In cases involving serious violations of the Student Code of Conduct, or in the event that the new violation could result in a separation sanction the respondent shall have the right to a hearing to determine responsibility for the charges and impose the appropriate sanctions. For potential eviction cases responsibility and sanctions shall be decided by a hearing officer only. For violations that could result in suspension or dismissal the student may ask for a hearing before a hearing officer or hearing board. A serious violation is defined as misconduct containing one or more of the following conditions:

a.    Misconduct that caused physical harm to others

b.    Misconduct that jeopardized the safety and/or wellbeing of others

c.    Misconduct that caused an adverse impact to the residential or University community

d.    Misconduct that caused serious damage to University property or the property of others

e.    Misconduct that violates conditions of probation or indicates repeated violations

f.     Misconduct that involves hosting a gathering where prohibited drinking has occurred/common sources

g.    Misconduct that is a violation of the University Drug Policy

h.    Misconduct that harms others because of their particular race, religion, gender, sexual orientation or other category protected by law or university policy.

i. Misconduct that is a felony under State or Federal Law.

j. If a student is found guilty or responsible for three violations, which can involve court or conduct, within a calendar year, the sanction of one semester suspension will normally be recommended by the complainant.  This includes criminal violations that normally occur in the town of Durham, NH. 

 

C. Hearing Procedures

1. Notice of charges: The Office of Community Standards shall present a notice of all charges to the respondent in written form.  The notice shall include a copy of t6he complaint, together with the hearing date, time, and place. The respondent and complainant (if a student) may request in writing the names of Hearing Board members, or Hearing Officer. The date set for a hearing, shall not less than three nor more than fifteen calendar days after the respondent has been notified of the hearing date by the Office of Community Standards. The respondent may waive the three calendar day notice. Maximum time limits for scheduling of hearings may be extended at the discretion of the Director of the Office of Community Standards or designee.

2. Adjudicatory Standard - The Hearing Officer/ Hearing Board will deter­mine whether the respondent is “responsible” or “not responsible” for the alleged violation(s). The respondent will be presumed “not responsible” until determined otherwise by a preponderance of evidence. A preponder­ance of evidence is reached when the Hearing Officer/Hearing Board deter­mines that it is more likely than not that the respondent violated the Student Code of Conduct as alleged in the charges.

3. Hearings shall be conducted by a Hearing Officer or Hearing Board according to the following guidelines:

a.    Hearings normally shall be conducted in private. The respondent or complainant, if a student, may file a written request to allow other persons to attend the hearing. The request may be granted, in the discretion of the officer or board, if it is found that the presence of third parties is unlikely to disrupt the proceedings, intimidate the either party, intimidate any witness or result in the unlawful disclosure of student record information.

b.    In hearings involving more than one respondent, the Hearing Board Chairperson, or Hearing Officer, at his or her discretion, may permit the hearings concerning each student to be conducted separately.

c.    Advisors: When the complainant and/or the respondent are students, they have the right to be assisted by a student advisor. The complainant and/or the respondent are responsible for presenting their own cases. The primary role of a student advisor who is a volunteer trained by the Office of Community Standards is to offer guidance to respondents (and complain­ants if they are students) before, during, and after a hearing. The student advisor does not represent a respondent at any point during the student conduct process. When criminal charges are pending or have the potential to be pending, the respondent may have an attorney present. The attorney may not participate in the hearing.

d.    Testimony: The complainant the respondent and/or the Hearing Board or Hearing Officer shall have the privilege of presenting their case subject to the right of questioning by the Hearing Officer or Hearing Board.

e.    Documentary Evidence: Either party may submit records, exhibits, and written statements as evidence.  Documents may be received for inclusion in the hearing record if the Hearing Officer or Hearing Board Chairperson finds that they meet guidelines for admitting evidence. 

Guidelines for Evidence:  The system does not apply formal rules of evidence, but the presiding person at the hearing may exclude evidence on the ground that it is unduly cumulative, irrelevant, constitutes character evidence or would waste the fact-finder’s time.  Written or oral statements with re3spect to someone’s good or bad character are not admissible.  The conduct process is not tasked with judging an individual’s character. 

f. Procedural Rulings: All procedural questions are subject to the final decision of the Hearing Officer or Hearing Board Chairperson or procedural advisor.

g. Non-attendance:  If a complainant or respondent chooses not to attend a hearing the officer or board shall

   proceed with the hearing.  The hearing officer or hearing board, if applicable, will determine responsibility and

   assign sanctions.  The non-attending party shall be bound by the outcome of the hearing as if that person

   were present at the hearing.  Except in the case of a student charged with failing to obey the directions of a

   Hearing Board, Hearing Officer, or University official, no respondent may be found to have violated the

   Student Code of Conduct solely because the respondent failed to appear before a hearing body and no

   complaint may be dismissed solely because the complainant failed to appear. In all cases, the evidence in

   support of the charges shall be presented and considered.

h.    Determination: Any hearing heard by a Board shall determine, by majority vote whether the student has violated each section of the Student Code of Conduct with which the student is charged. A tie vote results in a finding of “not responsible” for the charge(s) in ques­tion. The Hearing Board may also recommend sanctions according to the procedures discussed in section D.

i.     Hearing Board or Officer: In cases where a separation sanction of suspension or dismissal from the University may be a likely outcome, respondents have the right to choose a Hearing Board to resolve the charges. In all other cases, the respondent will have a Hearing Officer determine responsibility and sanctions for the charges.

j.     Hearings scheduled to occur at the end of an academic semester, including, but not limited to reading days and final exams, and during the summer, and over winter break, shall be assigned to a Hearing Officer, regardless of the severity of the charge.

k.    The respondent is bound by their election of a board or officer, which appears on the Summary of Informal Meeting Form and is thereafter barred from requiring a different adjudicator.

Record: There shall be a single verbatim record, such as an audio recording, of all hearings before a Hearing Board or Hearing Officer. Deliberations of Hearing Boards shall not be recorded.  The record shall be the property of the University.  Recordings of the hearing are kept only for the length of the appeals process, at which time they are deleted.

5. Finality: If a respondent is found not responsible for a violation of the Student Code of Conduct, and the finding is upheld by the Appellate Board or Appellate Officer, the student may not be charged again for the same incident unless there is a preponderance of new evidence that could not have been found at the time of the first hearing and the Director of Community standards or designee determines that the interests of justice and harmonious community life require that the subsequent complaint be accepted. The Director of community Standards or designee may dismiss any complaint if it is found that the complaint arises from substantially the same facts as a previously adjudicated complaint or has been filed for the principle purpose of interfering with the respondent’s return from a period of suspension.

6. If the respondent is a graduate student, the Hearing Board or Appellate Board shall include a student from the Graduate School.

D. Sanctions and Sanction Process

In recommending and determining sanctions, a Hearing Board or Hearing Officer may consider the student’s present demeanor and past disciplinary record, the nature of the offense, the severity of any damage, injury, or harm resulting therefrom, and other factors.

1. The following sanctions may be imposed upon any student found to have violated the Student Code of Conduct:

a.    Warning—A notice in writing to the student that the student is violating or has violated institutional regulations.

b.    Disciplinary Probation—A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to be violating any institutional regulations(s) during the probationary period. Probation can also impact a student’s ability to participate in university programs, study away and university scholarships.

c.    Loss of Privileges—Denial of specified privileges for a designated period of time, including but not limited to, participation in University athlet­ics, membership in recognized student organizations, and use of specified University facilities.

       (1) Banned from Entry—Prohibited presence in specific buildings or group of buildings on campus (including residence halls) for a definite period of time. Time period must be specified.

       (2) Prohibition Against Personal Contact—Prohibited contact or presence near a specific person for a definite period of time. Time period must be specified.

d.    Fines—Previously established and published fines may be imposed. For more information on fines, please visit the Office of Community Standards Web site: www.unh.edu/ocs

e.    Restitution—Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement

f. Educational Sanctions—Reflection papers, Ethics, Anger Management, or Alcohol/Drug Awareness Classes, service to the University, or other related educational assignments (such assignments must have the prior approval of the Director of Community Standards or designee).

g. Deferred Housing Eviction – Separation of the student from the residence halls for a definite period of time,

   after which the student is eligible to return.  Eviction will commence the semester immediately following the

   conclusion of the conduct process

h. Housing Eviction—Separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.

I      Housing Expulsion—Permanent separation of the student from the residence halls.

j. Deferred University Suspension – Separation of the student from the University for a definite period of time

   after which the student is eligible to return.  Suspension will commence the semester immediately following

   the conclusion of the conduct process.

k. University Suspension—Separation of the student from the University for a definite period of time, after which the student is eligible to return. Con­ditions for readmission may be specified. Students are banned from cam­pus for the duration of their suspension. Readmission to the University requires application and acceptance through the Office of Admissions. A student ineligible to register for or attend classes at any one USNH institu­tion because of suspension entered upon a finding(s) of responsibility for violation(s) of the institution’s Student Code of Conduct shall be ineligible to register for or attend classes at any other USNH institution during the entire period of suspension.

l      University Dismissal—Permanent separation of the student from the University. Students may conduct administrative business on campus with prior notice to University Police. A student ineligible to register for or attend classes at any one USNH institution because of permanent dismissal entered upon a finding(s) of responsibility for violation(s) of the institution’s student code of conduct shall be ineligible to register for or attend classes at any other USNH institution for a period of two years following the date on which the student was permanently dismissed.

2. More than one of the sanctions listed above may be imposed for any single violation.

3. The minimum sanction for those found responsible for sexual misconduct that includes sexual penetration as defined by 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. .

4. When a student has been found to have violated the Code of Conduct and the Hearing Officer or Board finds facts demonstrating that the respondent has directed his or her behavior towards someone because of that person’s actual or perceived particular race, color, religion, sex, age, national origin, sexual orientation, gender identity and expression, disability, veterans’ status, marital status, or other category protected by law or UNH policy, the Board or Officer may recommend enhanced sanctions and the sanction­ing Hearing Officer may impose enhanced sanctions as s/he deems appropri­ate within the Code.

5. Other than University dismissal, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s confidential record. Disciplinary records may be voided by the Director of the Community standards or designee for good cause, upon writ­ten petition of respondents. Factors to include: a. the present demeanor of the petitioner, b. the conduct subsequent to the violations, c. nature of the violation and the severity of any damage, injury, or harm resulting from it. Cases involving the imposition of sanctions other than housing expul­sion, University suspension or University dismissal shall be expunged from the student’s confidential record three years after final disposition of the case.  Cases of housing expulsion and University suspension shall be expunged from the student’s confidential record five years after the final disposition of the case.  Cases of dismissal will be held permanently.

6. The following sanctions may be imposed upon organizations:

a.    Those sanctions listed above in Section D 1. a. c. d. e. and f.

b.    Disciplinary Probation - a written reprimand for violation of specific reg­ulations. Specific terms of the probation may include loss of privileges, or other discretionary sanctions as described in Article IV.D.1.f. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the organization is found to be violating any institutional regulation(s) during the probationary period.

c.    Organization Suspension - loss of privileges which may include loss of University recognition, for a specific period of time. Organization Suspension may also include other discretionary sanctions which are imposed for the purpose of assisting the organization in bettering itself, and with expectation that the organization completes these sanctions by the imposed timelines, regardless of University recognition status.

d.    Organization Dismissal - permanent loss of all privileges including Uni­versity recognition.

e.    Members of a recognized student organization may be charged collec­tively as an organization and/ or individually with violations of the Stu­dent Code of Conduct.

7. In order to consider imposing one of the following sanctions, Residential Eviction, Residential Expulsion, University Suspension or Dis­missal or Organization Suspension or Organizational Dismissal, one or more of the following conditions must be present:

       (a) Misconduct that caused physical harm to others.

       (b) Misconduct that jeopardized the safety and/or wellbeing of others.

       (c) Misconduct that caused an adverse impact to the residential or Univer­sity community.

       (d) Misconduct that caused serious damage to University property or to the property of others.

       (e) Misconduct that violates conditions of probation or indicates repeated violations.

       (f) Misconduct that harms others because of their particular race, religion, gender, sexual orientation or other category protected by law or university policy.

       (g) Misconduct that involves hosting a gathering where prohibited drinking has occurred/common sources.

       (h) Misconduct that is a violation of the University drug policy.

8. If a student or organization fails to comply with sanctions imposed in a University judicial case, the student or organization may be sanctioned with University suspension.

9. Written Decision Hearing Officer:  When a Hearing Officer is selected by a respondent to hear a case and when that hearing Officer determines that the evidence and testimony of a case violate the Student Code of Conduct and warrant a penalty, the Hearing Officer shall impose an appropriate sanction(s). The Hearing Officer shall include a written summary of testimony, finding of fact, sanction(s), and the reasons therefore, which shall be included in the record.

10. Written Decision Hearing Board:  When a Hearing Board determines that the evidence and testimony of a case violate the Student Code of Conduct and warrant a penalty, it shall recommend a sanction(s) to a Hearing Officer.

The Hearing Board shall include a written summary of testimony, find­ings of fact, recommended sanction(s), and reasons therefore, which shall be included in the record. The entire record shall be forwarded if possible within one business day, to a Hearing Officer.

The Hearing Officer shall, within three business days after receiving the Hear­ing Board’s recommended sanction(s), render a written decision and rea­sons therefore, which shall be included in the record The Office of Community Standards shall send a copy of the decision to the respondent(s). Within the three business days period, the Hearing Officer may request the Hearing Board to clarify its recommendation and, upon receipt of clarification, may proceed to decide the matter. Any decision shall be based solely on the record of the Hearing Board, as may be clarified.

E. Appeals

1. A decision reached by the Hearing Board\ or Hearing Officer a sanction imposed by a Hearing Officer, may be appealed by the respondent(s) or complainant(s) to an Appellate Board or Appellate Officer within two business days after the written hearing decision is distributed Such appeals shall be in writing and shall be delivered to the Office of Community Standards.

2. Except as required to explain the basis of new evidence, an appeal shall be limited to review of the verbatim record of the initial hearing and supporting documents for one or more of the following purposes:

a.    Procedural Integrity: To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to pre­pare and present evidence that the Student Code of Conduct was violated, and giving the respondent a reasonable opportunity to prepare and to present a rebuttal of those allegations.

b.    Preponderance of Evidence: To determine whether the decision reached regarding the respondent was based on a preponderance of evidence, that is, whether the facts in the case were sufficient to establish that it is more probable than not that a violation of the Student Code of Conduct occurred.

c.    Sanction: To determine whether the sanction(s) imposed was appropriate for those cases that resulted in probation, eviction, residential expulsion, suspen­sion and/or dismissal. The Appellate Board or Appellate Officer shall not increase the sanction(s) imposed by a Hearing Officer.  In cases of misconduct that constitutes crimes of violence or non-forcible sex offenses, the Appellate Board or Appellate Officer in deciding any appeal, may increase the sanction(s) imposed by the Hearing Officer.

d.    New Evidence: To consider new evidence, sufficient to alter a decision or other relevant facts not brought out in the original hearing, because such evidence and/or facts were not known to the person appealing at the time of the original hearing and could not reasonably have been discovered at the time of the hearing.

3. If an appeal is granted by the Appellate Board or Appellate Officer based on new evidence or procedural error, the case shall be remanded to the original Hearing Board or Hearing Officer for reopening of the hearing. If an appeal is granted based on inappropriate sanction or lack of a preponderance of the evidence, the Appellate Board or Appellate Officer shall render the appropriate determina­tion and/or sanction.

F. Interim Restrictions

In certain circumstances, the Dean of Students or designee may impose interim restrictions such as University sus­pension or residence hall eviction or relocation prior to the hearing before a hearing body. Interim restrictions are effective immediately without prior notice. Interim restrictions for organizations include, but are not limited to, ceasing all activities, meetings, and/or events.

1. Interim restrictions may be imposed only:

a.    To ensure the safety and well-being of members of the University commu­nity or preservation of University property;

b.    To ensure the student’s own physical or emotional safety and well-being; or

c.    If the student poses a definite threat of disruption of or interference with the normal operations of the University.

2.                 During the interim restrictions, students shall be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Dean of Students or designee may determine to be appropriate.

3.                 The Dean of Students or designee shall notify the Associate Dean of the student’s college who will in turn notify the student’s faculty of the interim restriction(s).

4.                 A student restricted on an interim basis shall be given an opportunity to appear personally before a Hearing Officer as soon as practicable, but within ten calendar days from the effective date of the interim restriction, to dis­cuss the following issues only:

a.    The reliability of the information concerning the student’s conduct, and

b.    Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on University premises poses a threat to the safety and well-being of members of the University community.

G. Rights of All Parties in the Conduct Process

1. Respondent’s Rights. Students and organizations that are charged with alleged violations of any University rules have the right to the following:

a.    Fair notice of charges, including time and place of the alleged violation so that he/she understands the charges being made against him/her.

b.    At least three calendar days notice before a hearing.

c.    Knowledge of the name(s) of the person(s) bringing charges and the time and place of the hearing.

d.    A formal hearing, if the situation is not resolved in an informal meeting or if the charges are determined by the Director of the Office of Community Standards to have merit as outlined in Article IV, A. Charges, 2. which includes an opportunity to respond to charges.

e.    The opportunity to have the assistance of a trained student advisor in preparing for a hearing and during a hearing as defined by conduct sys­tem policies. Only students selected, trained, and supervised through the Office of Community Standards may serve as a Student Advisor. In the case of crimes of violence or non-forcible sex offenses the office may provide a faculty or staff member the University to serve as the respondent’s advisor.

f.     Request an appeal of a decision of the Hearing Board/Hearing Officer by an Appellate Board or Appellate Officer.

g.    Notice of the results of formal hearings and appeals.

h.    Resolution of charges in accordance with conduct system policies.

i.     To be assumed not responsible until complainant has demonstrated, through evidence, that the respondent more likely than not violated the rule(s) of conduct.

j.     Right to remain silent: A student or student organization against whom charges have been made may choose not to testify in his/her own defense. This choice shall neither preclude the right to present and question witnesses nor consider other evidence, nor shall it be regarded as an admission of responsibility.

k.    The right to an attorney’s counsel if criminal charges are pending or likely.

2. Complainant’s Rights. The person reporting a violation of University rules has the right to the following:

a.    A formal hearing, if the situation is not resolved in an informal meeting.

b.    At least three calendar days notice of the time and place of a formal hearing in order to prepare for that hearing.

c.    The advice in preparing for a hearing of a student advisor chosen from the pool of trained student advisors (available through the Office of Community Standards) when the complainant is a student.

d.    Request an appeal of a decision of a hearing body.

e.    Notice of results of formal hearings and appeals.

Additional Rights of Respondent’s and Victim’s in Cases of Discriminatory Harassment, Crimes of Violence and Non-forcible Sex Offenses.

a. The opportunity for concurrent written notification with respect to hearings, hearing outcomes, and appeal decisions.

b. The opportunity to participate in the formal hearing in person with or without a screen separating both parties, or by telephone or video conferencing from separate locations.

c. The opportunity to have the assistance throughout the entire conduct process of any advisor of their choice. If the respondent or victim does not select their own advisor, the Director of Community Standards or designee will appoint a faculty or staff member to serve as their advisor.

d. In the case of the victim, the opportunity to participate in the hearing as a co-complainant or a witness.

e. The opportunity to have another individual in addition to the advisor present at the hearing.

f. Both parties have a separate right of appeal regardless of the outcome of the hearing.