Frequently Asked Questions
We have created a number of short informational videos that explain the parts and procedures of the hearing process. Please view these here – either all of them or only the ones that apply to you. They may answer most of your questions.What is an administrative hearing?
An administrative hearing is a process to evaluate a case related to personnel issues, student conduct violations, allegations of discrimination, Title IX violations, and other related matters. The hearing may be conducted as a follow up to an CEEO investigation, when referred from the Dean of Students’ Office, or at the request of the Office of the President of the University.How does an administrative hearing run?
The Hearing Officer reviews information and hears from parties (Complainant and Respondent) as well as witnesses in order to determine if a person has violated a UNM policy. At the hearing, each party may present their evidence as well as question the witnesses they have requested. Parties do not question each other or witnesses called by the other party. Each party is required to have an advisor who questions the other party and their witnesses. The Hearing Officer may also ask questions of the parties and witnesses. After the hearing ends, the Hearing Officer issues a written determination. If a policy violation is found, a separate sanctioning body determines sanctions.
What is a Pre-Hearing Conference?A pre-hearing conference is a meeting held before the hearing to help make the hearing move more smoothly. Prior to the hearing, the Hearing Coordinator will set up one or more meetings with each party, separately, with the Hearing Officer. Advisors for the parties are not required to attend but it is strongly suggested that they do. At the conference, the Hearing Officer will answer any questions about the hearing procedures as well as review the witnesses and evidence each party wants to have included in the hearing.
Who is a Complainant?
A complainant is the person or persons filing a formal complaint pursuant to UAP 2720, 2740, 3110, CEEO Discrimination Grievance Procedure (DGP), and any other person or persons requesting a formal hearing to review a determination of policy violation.
Who is a Respondent?
A respondent is the person responding to formal complaint filed by the complainant.
Who is an Advisor? Do I have to have an advisor?
An Advisor is an individual who has agreed to help guide a party through the hearing process. An advisor may be anyone - a parent, academic advisor, clergy member, friend, instructor, coach, etc. who is not otherwise involved in the incident. An advisor may or may not be an attorney.
Each party must have an Advisor. A party may choose any person to serve as their Advisor or may request a University appointed Advisor at no cost by contacting the Hearing Coordinator. Parties do not have the right to self-representation for purposes of cross-examination. The Advisor’s role is to assist a party during the hearing process and to provide support during the hearing. An Advisor may also assist a party throughout the entire grievance process, as agreed upon by the Advisor and the party. Attorneys who serve as Advisors must follow the rules for Advisors and a party must also disclose whether their Advisor is an attorney. A party must identify their Advisor two business days before the pre-hearing conference by contacting the Hearing Coordinator.Is hearing open to the public? Who can attend?
Hearings are closed to the public. Only the Hearing Officer, the Hearing Coordinator, the Complainant and their advisor, the Respondent and their advisor may attend. Witnesses will be part of the hearing only during the time that they are testifying. With prior notice, members of sanctioning bodies may also attend. While operating in virtual spaces, all participants are requested to be in secure, private locations with no other people in the same room.
Do I need a lawyer?
Parties are not required to have an attorney as these are administrative hearings, not criminal. If a party wants to engage legal representation, it is at their own expense.
Do I have to appear/participate? What happens if I don’t participate?
The Hearing Office does not have subpoena power or other authority to compel document production or witness participation. Document production and witness participation is therefore voluntary. However, UNM strongly encourages all members of the UNM community to participate and provide information.
If a party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. No inference will be drawn from the absence of a party. If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) may not rely on any statement of that party or witness in reaching a determination regarding policy violations; provided that the decision-maker(s) cannot draw an inference about the determination regarding a policy violation based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.
What is policy violation?
A policy violation means that after review of a preponderance of the evidence, the Hearing Officer has determined that the respondent has violated one or more UNM policies. A preponderance of the evidence means that, based on the relevant, reliable evidence submitted, it is “more likely than not” that (a) policy violation/s occurred.
Who does the sanctioning?
The Hearing Officer does not determine sanctions. If a policy violation is found, the determination is forwarded to the appropriate sanctioning body which determines the appropriate sanction and returns their decision to the Hearing Officer. The sanction, as determined by the sanctioning body, is included in the written determination. For student matters, the Dean of Students’ office determines sanctions. For staff matters, UNM Office of Human Resources determines sanctions. For faculty matters, a sanctioning panel made up of UNM faculty determines sanctions.
I’m scheduled to appear at a hearing and have an issue. What do I do?
If you are planning to attend a hearing and have an issue, please contact our Hearing Coordinator at hearingoffice@unm.edu.
I need help with a virtual meeting connecting with zoom. Can you help?
If you need information about how to connect to a Zoom (virtual) hearing, please visit UNM IT. If are having trouble connecting to a hearing, please contact our Hearing Coordinator at hearingoffice@unm.edu.
Can I appeal a decision?
Only when a hearing is closed and a written determination has been issued may an appeal be submitted. UNM Advisors do not participate in the appeal process as the scope of their work is limited to performing cross-examination at the hearing.
Appeals must be submitted to the Office of the President. Appeals must be received by the President within seven (7) days of the date of the issuance of the Determination.
Appeals may be submitted electronically through an online form or via email to: unmpres@unm.edu; by mail to MSC05 3300, Scholes Hall, Suite 144, 1 University of New Mexico, Albuquerque, NM 87131; or by hand delivery to the Office of the President at Scholes Hall, Suite 144. Please refer to the DGP for additional information and to access the online form or use this link https://oeo.unm.edu/forms/pdf/presidentsappeallaguage.pdf
The President will consider an appeal only if it alleges one or more of the following extraordinary circumstances:
- Procedural irregularity that affected the outcome;
- New evidence that was not reasonably available when the determination of responsibility was made that could affect outcome; or
- The Title IX Coordinator, investigator or decision-maker had a general or specific conflict of interest or bias against the Complainant or Respondent that affected the outcome.
Parties are directed to refer to the DGP for additional information.
I have information about a situation or hearing? Who should I report it to?
You may call the UNM Office of Compliance, Ethics & Equal Opportunity at (505) 277-5251 or the UNM Compliance Hotline at (888) 899-6092 to make reports. You may also use the CEEO Online Reporting tool, or the UNM Ethics Point Reporting Tool.
