Respondent

You are involved in this process because a complaint has been made about conduct that may violate university policy.  This does not mean any decision has been made or that you are responsible for a violation. The complaint was investigated by the Office of Compliance, Ethics, & Equal Opportunity (CEEO) and then referred to our office to conduct an administrative hearing.

Administrative hearings are not courtroom trials. They 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.

Your participation in the administrative hearing is voluntary. Choosing not to participate does not result in a decision against either party; however, OAH will proceed with the hearing using the information available.

This guide highlights important topics about this process:

Resources You’ll Need

  • An Advisor of your choice or a UNM Advisor
  • UNM Administrative Hearing Procedures
  • Computer with Zoom capabilities
  • A quiet, private space to attend proceedings
  • Electronic Case File (Supplied by OAH)

If you do not have a safe space to attend the hearing or pre-hearing conference, the Hearing Office can provide a space at the University Advisement and Enrichment Center.  For more information, contact the Hearing Office at hearingoffice@unm.edu.

Understand Your Role

As a Respondent, you play a primary role in the hearing process.  You are helping the Hearing Officer understand the facts in the Investigative Report by sharing your experience.  In practice this looks like responding to questions at the hearing, providing information you believe is relevant, questioning your witnesses, and clarifying or explaining information.  You are not responsible for proving that you did not violate university policy. The university has the responsibility to investigate the complaint, determine the relevant facts, and apply university policy. 

Preparing for the Pre-Hearing Conference

OAH encourages all participants to do the following:

  • Add the Pre-Hearing Conference and Hearing dates and times in your calendar
  • Review the Civil Rights(+) Hearing Overview 
  • Meet with your Advisor and Support Person (if applicable)
  • Read and review the UNM Administrative Hearing Procedures
  • Review the Investigative Report
  • Decide if you want to call witnesses
  • Determine if there is additional evidence you would like the Hearing Officer to consider.
  • Submit your Witness and Evidence Request form two (2) business days prior to the Pre-Hearing Conference

Preparing for the Hearing

OAH encourages all participants to do the following:

  • Continue to meet with your Advisor and Support Advocate (if applicable)
  • Ensure your witnesses can appear and testify (if applicable)
  • Prepare questions to ask your witnesses
  • At least fifteen (15) days before the hearing, connect with the Hearing coordinator to arrange any disability accommodations, language assistance, or interpretation services that may be needed
  • Review the hearing schedule OAH provides 48 hours before the hearing

What to Expect at the Hearing

  • The following participants are expected to attend: The Hearing Officer, Hearing Coordinator, participating parties, the parties’ Advisors, and optional Support Persons
    • Witnesses are only present during the time they are questioned
  • The Hearing Officer will manage the hearing space and inform participants of what takes place during each segment
  • You will have the opportunity to ask your witnesses questions, testify, and you may receive questions from the Respondent’s Advisor
  • You will not communicate with the Complainant directly
  • The Hearing Officer will decide on a question’s relevance before the question is answered
  • A lunch break and various breaks throughout the hearing will be provided
  • You may request a breakout room to speak with your Advisor at any point
  • Depending on the number of witnesses, a hearing may take 2 -6+ hours
  • Additional hearing days may be scheduled if necessary

Need Help?

If you have questions about the process, contact OAH (hearingoffice@unm.edu).  We are here to help ensure that all participants understand the process and can participate effectively.