Advisor

Serving as an Advisor in a university administrative hearing process may feel unfamiliar. In this role you guide a Complainant or Respondent, your advisee, through a process that differs from a traditional courtroom proceeding. UNM Administrative Hearings are designed to gather information and determine facts in a neutral, respectful setting. All parties are expected to be treated fairly, and the Hearing Officer is responsible for assessing credibility and relevance.

This guide highlights important topics about this process:

Resources You’ll Need

The Administrative Hearing Procedures
Computer with Zoom capabilities
A quiet, private space to attend proceedings
Electronic Case File (Supplied by OAH)

Understand Your Role

Advisors do not take over the process—the advisee remains the primary participant. While Advisors are required to conduct cross-examination to ensure parties are not in direct contact, think of your role as preparing and guiding, not substituting.

Providing guidance can look like:

Helping your advisee understand the university administrative hearing process and expectations
Assisting with preparation for:
- Witness selection
- New evidence submissions
- Direct examination of their own witnesses
- Optional opening and closing statements
Conducting cross-examination of the opposing party (if they testify) and their witnesses
Conducting direct examination of your advisee (if they testify)
Consulting with your advisee during hearing breaks

What You May Not Do in Your Role

Apply the rules of evidence to the hearing process
Make decisions for your advisee
Act in a confrontational/argumentative manner
Disrupt proceedings or make arguments with the Hearing Officer
Answer questions for your advisee during the hearing

Preparing for the Pre-Hearing Conference

Review the Procedures

The Administrative Hearing Procedures outline how the university administrative hearing process works. You do not need to memorize every provision, but you should be familiar with key sections, including:

Your role as an Advisor and its limits
How the hearing is structured
Rules of Decorum in the hearing space
What types of questions and evidence are allowed
Key deadlines and requirements

If you are unsure about how a rule applies, please send an inquiry to OAH (hearingoffice@unm.edu)

Prepare Your Advisee to Lead

The Pre-Hearing Conference is your advisee’s opportunity to:

Ask procedural questions
Clarify what will happen at the hearing
Raise logistical or evidentiary issues

Your role is to:

Help your advisee prepare in advance
Identify questions they should ask
Ensure they are ready to engage directly

Preparing for the Hearing

The Investigative Report

The Investigative Report is the foundation of the hearing. Once you are appointed as an Advisor and your advisee signs the required confidentiality release, you’ll gain access to CEEO’s Investigative Report.

Your preparation should focus on how to engage with and respond to the information and evidence identified in this report.

Prepare Questions Thoughtfully

You will conduct cross-examination of the other party (if they testify) and their witnesses, and direct examination of your advisee (if they testify).

Strong questions:

Are clear, focused, and relevant
Help clarify facts or test credibility

Avoid:

Arguments disguised as questions
Repetition or irrelevant topics
Aggressive or hostile phrasing

The Hearing Officer will decide on a question’s relevance before each question is answered.

Review the Rules of Decorum

The Rules of Decorum are outlined in the Administrative Hearing Procedures.

All participants must:

Communicate respectfully and in a neutral tone
Avoid intimidation, harassment, or personal attacks
Follow directions from the Hearing Officer

Failure to follow these rules may result in removal from the hearing.

Help Your Advisee Prepare (Don’t Replace Them)

Your advisee will:

Participate in the hearing
Provide statements (if they choose)
Ask questions of their own witnesses